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COVID-19 Resources

The WINTAC has created a list of resources to help VR programs that are operating by distance and providing services remotely during the COVID-19 crisis.  We will be building on these resources daily, so please check back frequently.  Click to access the COVID-19 Resources. Click to access the Resources on Distance Service Delivery.

Department of Labor fines a 14c employer for Labor Law violations

DOL’s Wage and Hour Division fined a subminimum wage employer in Georgia more than $157,473 for failing to meet the requirements of Section 14c of the FSLA and Section 511 of WIOA. Click here to read the release. 

Summary of Changes in 14c Holders

WINTAC Researcher Jenean Jacobs has conducted an analysis of the Wage and Hour Division’s most recent data on 14c certificates across the country as of January 2020. Here is a summary of the changes in the number of 14c certificate holders and workers in subminimum wage employment since we began the study in January 2016:

  1. Since January 2016, there has been a reduction of 1,210 valid 14c certificates. This is a reduction of 145 valid certificates since last reported in July 2019.
  2. Since January 2016, there has been a reduction of 147,105 individuals reported as covered under a 14c certificate. This represents a decrease of 8,681 individuals since last reported in July 2019.
  3. If one counts all of the missing data fields in January 2020 as individuals actively covered by the 14c certificate and working in subminimum wage employment, the reduction since January 2016 through January 2020 is 130,696 individuals.

Click to see a summary of the changes by State from January 2016 through January 2020

Click to see a State-by State analysis of 14c certificate holders from January 2016 through January 2020

Phase Out of Subminimum Wages for Workers on AbilityOne Contracts

On March 20, SourceAmerica (formerly National Industries for the Severely Handicapped) announced that it had notified its affiliated nonprofit AbilityOne agencies (NPAs) of its plan to eliminate the use of Special Minimum Wage Section 14(c) certificates on AbilityOne contracts. Click this link to view a copy of the SourceAmerica letter.

The U.S. Department of Labor’s Wage and Hour Division (WHD) published three documents providing guidance on the payment of subminimum wages under section 14(c) of the Fair Labor Standards Act (FLSA). 

The first two are related to the impact of Rehabilitation Act section 511 and third provides general guidance on the administration of section 14(c).  You can see the documents by clicking on their title below:

The first document 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.

The third guidance document, Fact Sheet #39I:  Adjusting Commensurate Wage Rates under a Section 14(c) Certificate After a Change in the Minimum Wage, provides guidance on taking appropriate action to ensure prevailing wage rates are timely examined and adjusted, and the workers’ commensurate wage rates correspondingly adjusted, as needed, when there is an increase in the federal, state, or a locality’s minimum wage requirements.

Phase One of the national study of the change in 14c employers and subminimum wage workers is now complete!

Current WINTAC researcher Jenean Jacobs and former WINTAC researcher Sarah Hancock have completed a study that spans from January, 2016 through July, 2018 on the change in the number of 14c certificate holders and the change in the number of individuals with disabilities working in subminimum wage employment. This information is based on data from the Wage and Hour Division of the Department of Labor.

Click here to see a summary of the change by State (This should result in a download of the spreadsheet on the summary of changes)

Click here to see the specific State by State according to the tabs at the bottom of the spreadsheet (This should result in a download of the larger “all states” spreadsheet)

Stay tuned for Phase Two of the project which will examine what happened to the 14c holders that let their certificates expire without renewing.

Note: In some instances, the data from DOL shows a 14c holder as active but no data is listed during the most recent report. This is the reason for the extra column in the summary sheet and the additional calculation in each of the spreadsheet tabs.

This section of the website includes resources that we hope you will find useful related to Section 511, subminimum wage employment, and related topics.  We will be adding to this section regularly, so please check back often.