On July 27, 2016, Wage and Hour Administrator Dr. David Weil issued Field Assistance Bulletin No. 2016-2 and released Fact Sheet #39H regarding implementation of the Workforce Innovation and Opportunity Act (WIOA) and Wage and Hour Division enforcement of WIOA limitations on payment of subminimum wages under section 14(c) of the Fair Labor Standards Act (FLSA), effective July 22, 2016.

In addition, Branch Chief Helen Applewhaite wrote a letter to current section 14(c) certificate holders about the new limitations mandated by WIOA.  Under WIOA:

• Employers may not continue to pay a subminimum wage to persons with disabilities under section 14(c) of the FLSA unless each worker, regardless of their age, has been provided with career counseling and information about self-advocacy, self-determination and peer mentoring training opportunities in their local area at specified intervals.
• Employers are prohibited from hiring workers who are age 24 or younger unless the employer obtains, verifies, and maintains copies of documents proving that these workers have completed specific requirements (transition services, vocational rehabilitation and career counseling) designed to improve their access to competitive integrated employment.

We encourage you to continue to stay well-informed by regularly visiting our website for subminimum wage employment for workers with disabilities at: http://www.dol.gov/whd/workerswithdisabilities. 

A file in the FLSA Section 14c Commensurate Wage file area contains the letter to certificate holders, the Field Assistance Bulletin, and the Fact Sheet 39H. Click on Downloads, then FLSA Section 14c.