Here is today's KCDC Disability News message.? The announcement for nominations for the Michael Lechner Advocacy Award is below. Please consider nominating an advocate or organization that has advocating for changes in their community that help people with disabilities.? Thank you.?

Martha

*Martha K. Gabehart* | "Executive Director
"Kansas Commission on Disability Concerns (KCDC)
*Kansas Governor Laura Kelly
*900 SW Jackson, Suite 100 | Topeka, Kansas 66612
(785) 296-6525 (direct) | (785) 260-4027 (cell)

[email protected] | www.kcdcinfo.ks.gov [ [link removed] ]

2022 Michael Lechner Advocacy Award Request for Nominations

Nominations are now being accepted for the 2022 Michael Lechner Advocacy Award. The application form is attached. Deadline for applications is September 30, 2022.

The Michael Lechner Award is given annually to a Kansan with a disability or a Kansas organization who has effectively advocated for changes in his or her community to improve the lives of people with disabilities. Examples of such changes include improved physical or program access, expansion or enhancement of employment opportunities for people with disabilities, wider inclusion into the community, accessible parking, improved provision of alternative forms of communication, increased access to adequate health care services, and especially powerful legislative advocacy.

The award is named for Michael Lechner, Executive Director of the Kansas Commission on Disability Concerns (KCDC) from 1982 through 1990. His advocacy activities had far-reaching results in improving independent living opportunities for Kansans with disabilities.

Applications may be for an individual or an organization. The nomination must? be made on the form below and include a description of what the individual or organization has advocated for and what the outcome was for that advocacy. Please submit some documentation of that advocacy. It can be an article in the newspaper, organization newsletter, a link to a news spot, pictures or a supporting letter from a person or an organization affected by the advocacy.

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This information is from Joe Scarlett with APSE

Labor Department Cracks Down On Subminimum Wage For People With Disabilities

by Michelle Diament | June 20, 2022

With new guidance and enforcement, federal officials are further clarifying their expectations for employers that pay people with disabilities less than minimum wage.

Under a law dating back to the 1930s, employers can obtain special certificates from the U.S. Department of Labor allowing them to pay workers with disabilities what?s known as subminimum wage. But, with passage of the Workforce Innovation and Opportunity Act in 2014, Congress established strict new limits on the arrangement.

Individuals with disabilities age 24 or younger cannot work for subminimum wage without first showing that they have received transition services, pursued employment through vocational rehabilitation and that they have been provided information and referrals to other options in their area. And, those being paid less than minimum wage must receive career counseling and information about training opportunities once every six months during the first year and annually after that.

Now the Labor Department is spelling out in more detail what employers need to do to comply with these requirements, particularly in terms of timing and documentation. Importantly, the 12-page bulletin issued late last week points out that employers must pay the full federal minimum wage of $7.25 per hour if they do not have documentation showing that employees have completed all the necessary steps before engaging in work.

The guidance also details how to handle situations where a worker was previously employed by another employer earning subminimum wage or if an employee takes a break from work and then returns to their subminimum wage position. And, the bulletin notes that employees who complain that they have not been provided the required services are protected from retaliation under federal law and could pursue lost wages, damages and other remedies.

?Section 511 of the Rehabilitation Act of 1973, as amended by the Workforce Innovation and Opportunity Act, created significant requirements for employers paying subminimum wages to workers with disabilities,? said Patricia Davidson, deputy administrator of the Labor Department?s Wage and Hour Division. ?These requirements help ensure that workers have critical resources and information designed to improve access to competitive integrated employment. The Wage and Hour Division evaluates an employer?s compliance with the Section 511 requirements in every investigation it conducts of an employer that holds a subminimum wage certificate under the (Fair Labor Standards Act). This work protects the rights of workers with disabilities and ensures they receive the full federal minimum wage when it is owed.?

Edwin Nieves, a spokesperson for the Labor Department, said the bulletin was not issued in response to any increase in violations, but is part of an ?overall worker protection stance.? More fact sheets and updates to existing documentation about the requirements and enforcement policies surrounding subminimum wage employment are forthcoming, Nieves said.

?The guidance comes as the Labor Department said it is suing a Montana employer after an investigation found that it falsely claimed workers with intellectual and developmental disabilities earning subminimum wage were provided required counseling and referrals and informed of available training opportunities. Special K Ranch must pay 35 employees who had been working for as little as $1.17 per hour the full federal minimum wage until they receive the required information and services, the Labor Department said.

?The U.S. Department of Labor will not tolerate wage theft or an employer?s failure to provide the important services and information required under Section 511 to workers with disabilities,? said Solicitor of Labor Seema Nanda. ?Special K Ranch?s alleged violations demonstrate a disregard for the law and disrespect for the dignity of workers. Let there be no misunderstanding, the department will take decisive action to protect the rights of workers employed under Section 14(c) of the Fair Labor Standards Act.?

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Job Vacancy Announcements?

Oracle has several job vacancies listed on their website [ [link removed] ]. Please feel free to share.?

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Blue Cross/Blue Shield posted the following positions open to external candidates:

*Project Manager Associate?R2022407

*Director Enterprise Planning & Alignment,?R2022424

Interested applicants can apply online at their website [ [link removed] ].?

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Frito-Lay has a processing operator position posted on their website [ [link removed] ].?

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* michael-lechner-application-form 2022.pdf [ [link removed] ]

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