If you currently pay disabled employees below minimum wage under the federal certificate program, take note: A bill has been introduced in the House that would phase out the practice.
The Fair Wages for Workers with Disabilities Act of 2011 would end the current program under which employers can apply to the DOL for special certificates that exempt disabled workers from federal minimum wage requirements.
The bill’s sponsors, Rep. Cliff Stearns (R-FL), Rep. Tim Bishop (D-NY) and Rep. Gregg Harper (R-MO), say the certificate program is outdated — the original law was passed in 1938, when there were virtually no opportunities for disabled workers.
Today, however, advancements in vocational rehab, technology and training provide disabled workers with far more opportunities, and disabled employees can often be just as productive as their non-disabled counterparts.
If the bill becomes law, the special certificates would no longer be issued, and existing certificates would expire for private firms one year after enactment. Certificates for public entities would expire after two years, and certificates for non-profits would expire after three.
The bill is H.R. 3086. To read the full text, go here.
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