National Council on Disability’s Post

New on the blog: In a Notice of Proposed Rulemaking, we're seeking to phase out the use of section 14(c) certificates which permit employers to pay subminimum wages to workers with disabilities https://lnkd.in/d7ksmE5Q

A step towards financial self-sufficiency for disabled persons.

Advancing Equity: Ending Subminimum Wages for Workers with Disabilities Today, I came across an important development that has the potential to be a significant step forward in advancing equity and inclusion. The U.S. Department of Labor has proposed new rules to phase out the subminimum wage for workers with disabilities, a practice that has persisted under Section 14(c) of the Fair Labor Standards Act. For decades, this provision has allowed employers to pay workers with disabilities less than the federal minimum wage, often based on outdated and inequitable assumptions about productivity. While the intention behind this policy may have originally been to increase employment opportunities, its implementation has too often created systemic inequities, trapping workers with disabilities in cycles of underemployment and economic marginalization. As someone who has dedicated my career to leadership in organizations serving marginalized communities, I understand that equitable wages are about more than just financial fairness. Equitable Wages are about dignity, opportunity, and empowerment. Workers with disabilities bring extraordinary value to the workplace, and ensuring they are compensated fairly is not only a moral imperative but also a reflection of our commitment to building inclusive societies. This proposed shift has implications far beyond wage structures. It challenges all of us to think critically about how our systems, policies, and practices reflect or fail to reflect the values of equity and justice. Transitioning to fair pay requires investment in education, training, and workplace accommodations. It also requires challenging biases and assumptions that perpetuate inequities. I applaud the advocates and organizations that have been championing this change for years. Their work is a reminder that progress requires persistence and collaboration. As leaders, we have a responsibility to amplify these efforts and support policies that create pathways to independence and equality for all. Let’s use this moment as a catalyst to reimagine how we engage, support, and uplift individuals with disabilities in the workforce. We have the opportunity to create a future where equity isn’t an ideal...it’s a reality. What are your thoughts on this proposed rule? How can organizations better prepare to support workers with disabilities as we move toward a more equitable future? Let’s continue this conversation. #Equity #Inclusion #Leadership #DisabilityRights #WorkforceInnovation

I was surprised when I saw this story on LinkedIn, the fact that a law like this is still in use today is an atrocity. The issue of some people with disabilities earning less than the minimum wage is deeply concerning, especially in today's climate where discrimination is being actively challenged. The concept of a special minimum wage for disabled workers, dating back to 1938, was initially intended to assist those who faced challenges in securing employment due to their disabilities. It was part of the Fair Labor Standards Act that tried to alleviate the long hours, low pay, and harsh work conditions people experienced back then. While it had a place and did help those who were disabled find work back then, we should have moved far past this type of discriminatory practice long ago. The proposed three-year phase-out plan to eliminate the subminimum wage for workers with disabilities seems excessively prolonged. There are more effective ways to encourage companies to hire individuals with disabilities, even if their performance may not align with traditional standards. [U.S. Seeks to End Subminimum Wage for Workers with Disabilities](https://lnkd.in/gpaDTj7t

Today, on the International Day of Persons with Disabilities, we celebrate a monumental step forward in the fight for equity and dignity in our workplaces. The Biden administration’s decision to phase out subminimum wage pay for workers with disabilities is a historic victory, ending a practice rooted in outdated policies put in place more than eight decades ago. For far too long, people with disabilities have been compensated far below their worth, despite their invaluable contributions to workplaces and communities. And this has reinforced a dynamic that finds disabled people more likely to experience occupational segregation and poverty. This move affirms a simple truth: every worker deserves equal pay for equal work. Today, we honor the advocates and individuals with disabilities who’ve brought about this important change—and we look toward a future where barriers to opportunity continue to fall.

One step forward towards decent work and economic growth for people with disabilities and their families 👏👏👏⭐️ Finding employment on behalf of an individual with disabilities can be a very hard and exhausting process. The issue is that even if we are able to secure employment for disabled family member or friend, the wages that they currently earn are not enough to survive. The American with Disabilities Act (ADA) is seeking to foster equal opportunities, full participation, and independent living, but the current compensation structure for disabled workers does allow them to reach these objectives. I am very proud to see this proposed rule that represents a milestone for all present and future workers with disabilities, their family members, and their communities. I am looking forward to reading the final rule. “On Dec. 3, the department announced a notice of proposed rulemaking to end the issuance of new section 14(c) certificates to pay subminimum wages to workers with disabilities and phase out use of current section 14(c) certificates over a 3-year period. The department proposes that subminimum wages are no longer necessary for job opportunities for workers with disabilities 💡 If finalized, the proposed rule would not require workers with disabilities to leave their current places of employment and would not require current section 14(c) certificate holders to amend the employment setting or type of services they provide. Based on reviews of data and information from states that have already eliminated subminimum wage payments for workers with disabilities, the department expects that many workers with disabilities currently paid subminimum wages would be able to transition to ___full-wage employment___, leading to benefits for workers and society. The cornerstone of our promise to workers has always been a fair day’s pay for a hard day’s work. But for too long, individuals with disabilities have been left out of that promise. Today’s proposal is an important step toward addressing that.” DOL is encourage the public to provide feedback about this proposed rule during the comment period. All comments must be received by 11:59 p.m. ET on Jan. 17, 2025. Follow the recommend steps to comment the proposed rule: ttps://https://lnkd.in/gcz9AQ6x Retrieved from: https://lnkd.in/gAX8Jy5d #workerrights #decentpay #economicgrowth #ada

I firmly believe that the law should be amended to ensure that individuals with autism are compensated equally for performing the same work as their neurotypical peers.  Many individuals on the autism spectrum possess unique strengths, such as exceptional attention to detail, unparalleled focus, and innovative problem-solving skills. These qualities can enhance a company’s productivity and drive success in ways that may not be immediately recognized. Furthermore, the current wage disparities perpetuate stereotypes and existing biases about people with autism, reinforcing barriers that prevent them from fully integrating into society and the workforce. By recognizing the abilities of autistic individuals and compensating them fairly, we not only validate their worth but also encourage a more inclusive and diverse workforce.

The U.S. Department of Labor's proposed rule to phase out subminimum wages for workers with disabilities marks a significant step toward equity in the workplace. Here's what to know: Since 1938, it has been legal to pay workers with disabilities below the federal minimum wage under Section 14(c) of the Fair Labor Standards Act. Today, around 40,000 workers earn subminimum wages, with reports of pay as low as $0.05 per hour. A three-year phase-out of subminimum wages for disabled workers, eliminating what many consider a legalized form of discrimination. The move is supported by advocates for disability rights who argue for fair wages and inclusion in the labor market. Supporters see this as a necessary step to promote dignity, equality, and financial independence for workers with disabilities. Critics worry it could inadvertently reduce employment opportunities for some disabled individuals, particularly in sheltered workshop settings. This reform aligns with broader movements to enhance workplace equity, though its implementation may require additional support structures to ensure fair employment opportunities for all.

BREAKING: Workers with disabilities may finally get equal pay protections under federal law… but how did we let this go on for so long?! For decades, a little-known law allowed employers to pay workers with disabilities less than minimum wage, sometimes just pennies an hour. Section 14(c) of the Fair Labor Standards Act implied that disabled people were inherently less productive. It was rooted in outdated and discriminatory assumptions, and treated workers with disabilities as less deserving of basic rights. Now, the Department of Labor is proposing to end this shameful practice. It’s about time! Were you surprised by this law? #DisabilityRights #FLSA

Check out this update on the DOL's proposed rule regarding payment of subminimum wages to workers with disabilities under Section 14(c) of the FLSA. The rule aims to phase out certificates allowing this practice, promoting fair wages and equal opportunities in the workforce. #DOL #FairWages #DisabilityRights