Dear John,

The Department of Labor (DOL) has proposed a new rule that will ensure disabled workers are paid at least the minimum wage. Under a federal law—Section 14(c) of the Fair Labor Standards Act—employers can apply to DOL for a certificate that allows them to pay workers with disabilities less than the minimum wage. This policy is unfair, discriminatory, and ableist—which is why the DOL is proposing to end the certificate program. Every worker, including those with disabilities, deserves a fair wage that enables them to live with dignity.

The Fair Labor Standards Act (FLSA) is meant to ensure a minimum wage for every worker. However, some workers with disabilities are not protected under this law because of Section 14(c), which is based on outdated and ableist assumptions about disabled people. Allowing employers to pay disabled workers a subminimum wage reinforces inequality and perpetuates harmful stereotypes, making it impossible for disabled workers to achieve financial independence and economic equity.

Fortunately, DOL has recognized that the Section 14(c) program reduces, rather than expands, employment opportunities for disabled people—so it has proposed to end the program over a three-year period (as many states have already done, such as Tennessee and South Carolina).

Now the Department of Labor wants to know whether the public supports its proposal to phase out the Section 14(c) program and stop allowing employers to pay disabled workers less than the minimum wage.

We have a chance to support this critically needed proposal from the Biden administration—and let the incoming Trump administration know how important it is to make sure this rule goes into effect. It’s time to eliminate this discriminatory policy and implement stronger, fairer protections for all workers.

Send your comment today.

In solidarity,

Julie Vogtman
she/her
Senior Director of Job Quality
National Women's Law Center