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Proposed Rule2024-278802024-12-04

Employment of Workers With Disabilities Under Section 14(c) of the Fair Labor Standards Act

Labor Department, Wage and Hour Division

Abstract

The Fair Labor Standards Act (FLSA or Act) authorizes the Secretary of Labor to issue certificates allowing employers to pay productivity-based subminimum wages to workers with disabilities, but only where such certificates are necessary to prevent the curtailment of opportunities for employment. Employment opportunities for individuals with disabilities have vastly expanded in recent decades, in part due to significant legal and policy developments. Based on that evidence, the Department has tentatively concluded that subminimum wages are no longer necessary to prevent the curtailment of employment opportunities for individuals with disabilities and thus proposes to phase out the issuance of section 14(c) certificates.

Action & Dates

Action
Notice of proposed rulemaking.
Dates
Interested persons are invited to submit written comments on this notice of proposed rulemaking (NPRM) on or before January 17, 2025.

CFR References

Topics

Administrative practice and procedureEqual employment opportunityIndividuals with disabilitiesMinimum wagesReporting and recordkeeping requirementsVocational rehabilitationWages

Public Comment

Comments Close
2025-01-17

Document Excerpt

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of Labor Wage and Hour Division 29 CFR Part 525 RIN 1235-AA14 ( printed page 96466) AGENCY: Wage and Hour Division, Department of Labor. ACTION: Notice of proposed rulemaking. SUMMARY: The Fair Labor Standards Act (FLSA or Act) authorizes the Secretary of Labor to issue certificates allowing employers to pay productivity-based subminimum wages to workers with disabilities, but only where such certificates are necessary to prevent the curtailment of opportunities for employment. Employment opportunities for individuals with disabilities have vastly expanded in recent decades, in part due to significant legal and policy developments. Based on that evidence, the Department has tentatively concluded that subminimum wages are no longer necessary to prevent the curtailment of employment opportunities for individuals with disabilities and thus proposes to phase out the issuance of section 14(c) certificates. DATES: Interested persons are invited to submit written comments on this notice of proposed rulemaking (NPRM) on or before January 17, 2025. ADDRESSES: You may submit comments, identified by Regulatory Information Number (RIN) 1235-AA14, by either of the following methods: Electronic Comments: Submit comments through the Federal eRulemaking Portal at https://www.regulations.gov . Follow the instructions for submitting comments. Mail: Address written submissions to: Division of Regulations, Legislation, and Interpretation, Wage and Hour Division, U.S. Department of Lab

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Full Document

Citation: 89 FR 96466

Employment of Workers With Disabilities Under Section 14(c) of the Fair Labor Standards Act — Federal Register 2024-27880 | Open Gov by Base