Federal and State Subminimum Wage Legal and Policy Framework

State Exchange on Employment & Disability

Federal Legal and Policy Framework

Under Section 14(c) of the Fair Labor Standards Act, employers are authorized, after receiving a certificate from the Wage and Hour Division, to pay subminimum wages (SMWs)—wages less than the federal minimum wage—to workers who have disabilities “for the job  being performed.” The certificate also allows the payment of wages that are less than the prevailing wage to workers who have disabilities for the work being performed on contracts subject to the McNamara-O’Hara Service Contract Act (SCA) and the Walsh-Healey Public Contracts Act (PCA).

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Washington Pilot Program Helps Individuals with Disabilities Return to the Workforce

By Trent Patrick

The focus on helping individuals with mid-career disabilities stay in or return to the workforce is emerging in the economic and health sectors of the public policy arena. This focus comes from the drive to retain good employees in the workforce, which benefits state governments, employees and employers.

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CSG Webinar Explores Stay-at-Work/Return-to-Work Strategies

By Shawntaye Hopkins

The Council of State Governments’ recent Stay-at-Work/Return-to-Work webinar explored policies that help people in the workforce following disability or injury incurred on or off the job. The webinar also reviewed ways in which policymakers can use the CSG Stay-at-Work/Return-to-Work Toolkit as a resource.

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States Launch Pilot Projects to Retain Workers with Disabilities

By Sydney Geiger

Eight states have launched projects aiming to provide opportunities for people who experience mid-career disabilities to remain in and return to the workforce. After a competitive selection process, the U.S. Department of Labor’s Office of Disability Employment Policy in partnership with DOL’s Employment and Training Administration and the Social Security Administration awarded eight states with funding for RETAIN Demonstration Projects.

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Oregon Workgroup Aims to Improve Employment Outcomes for People with Disabilities

By Matthew Shafer

The Council of State Governments, in partnership with the National Conference of State Legislators, or NCSL, and the State Exchange on Employment and Disability, or SEED, provided technical assistance to Oregon’s House Workgroup on Workforce Development for People with Disabilities. The workgroup is made up of representatives from Oregon’s House Higher Education and Workforce Development Committee chaired by Rep. Jeff Reardon. Other members include Rep. Gene Whisnant, the vice chair, and Rep. Janeen Sollman.

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Disabled, and able to work: With legislation and executive actions, states are doing more to improve job prospects of people with disabilities

By Laura Tomaka

For nearly 40 years, South Dakota Rep. Fred Romkema has run a jobs training center for a segment of his state’s population that he says is too often forgotten. About 140 people with disabilities are currently served at the Northern Hills Training Center, and 108 of them are earning a regular paycheck.

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