DOL Issues Guidance on 14(c) Certificates/Sub-minimum Wages

ANCOR is sharing this notice by the Department of Labor (DOL) because of its application to providers of intellectual / developmental disability (I/DD) supports who hold 14(c) certificates and to share new developments from the Department of Labor with compliance with the Workforce Innovation and Opportunity Act of 2014 (WIOA)

As shared by DOL:

“The U.S. Department of Labor’s Wage and Hour Division (WHD) recently published two documents providing guidance on the payment of subminimum wages under section 14(c) of the Fair Labor Standards Act (FLSA).  The two documents are related to the impact of the Rehabilitation Act of 1973, as amended by the Workforce Innovation and Opportunity Act (Rehabilitation Act) section 511.

The first is Field Assistance Bulletin (FAB) No. 2019-1 concerning the definition of subminimum wages under section 511 and WHD’s enforcement of the limitations on the payment of those wages under section 14(c).

The second is a revised Fact Sheet #39H: The Workforce Innovation and Opportunity Act and Limitations on Payment of Subminimum Wages under Section 14(c) of the Fair Labor Standards Act.  The revisions include information on the definition of subminimum wages and timing requirements under section 511, as well as two charts to provide visual summaries for determining when and to whom the specific section 511 requirements apply.  The Fact Sheet also cross-references readers to the related regulations issued by the U.S. Department of Education.

For more info about the section 14(c) program, visit https://www.dol.gov/whd/workerswithdisabilities/.”