Statement of Endorsement by: Barbara Madrigal
December 9, 2011
At its monthly teleconference, the NCSAB Executive Committee
agreed to support the Fair Wages for Workers with Disabilities
Act (H. R. 3086). The NCSAB had been asked by the National
Federation of the Blind to lend our support to H. R. 3086 that
would end the payment of subminimum wages to people with
disabilities. By way of background, following is some historical
information.
H. R. 3086 The Fair Wages for Workers with Disabilities Act
On October 4, 2011, Congressman Cliff Stearns (R-FL) and
Congressman Tim Bishop (D-NY) introduced the Fair Wages for
Workers with Disabilities Act of 2011 (H.R. 3086). The bill
would phase out Section 14(c) of the Fair Labor Standards Act
(FLSA), which allows employers holding special wage certificates
to pay their workers with disabilities less than the federal
minimum wage.
The planned phase out of section 14(c) of the FLSA under H.R.
3086, the Fair Wages for Workers with Disabilities Act of 2011,
follows:
1. Phased out after one year for all for profit entities
2. Phased out after two years for all governmental and public
entities
3. Phased out after three years for all not for profit entities
After three years 14(c) would be repealed and all certificates
revoked. While very few blind individuals are today being paid
subminimum wages, the overall number of people with disabilities
being compensated below the minimum wage is significant.
According to data provided by the DOL Wage and Hour Division, on
November 10, 2010 there were approximately 2,552 employers
holding 14c certificates, employing approximately 368,106
individuals with disabilities.
History and Background
In 1938 the Congress adopted the Fair Labor Standards Act. The
Act included numerous New Deal reforms; however it is best
remembered for establishing the federal minimum wage. President
Roosevelt characterized the Fair Labor Standards Act as "the
most far-reaching, far-sighted program for the benefit of
workers ever adopted in this or any other country." But the Act
did not extend the guarantee of the minimum wage to all workers.
Section 14(c) of the Fair Labor Standards Act allows blind
people and others with disabilities to be paid below the minimum
wage under certain prescribed conditions. The employer must
apply for a special wage certificate and must conduct and
document that a time study has been made of the productivity of
the worker with a disability to determine his or her wage. The
special subminimum wage is known as the “Commensurate wage.”
Definition of Commensurate Wage (Code of Federal Regulations—29
CFR Part 525)
i) Commensurate wage is a special minimum wage paid to a worker
with a disability which is based on the worker’s individual
productivity in proportion to the wage and productivity of
experienced nondisabled workers per-forming essentially the same
type, quality, and quantity of work in the vicinity in which the
individual under certificate is employed. For example, the
commensurate wage of a worker with a disability who is 75% as
productive as the average experienced non-disabled worker,
taking into consideration the type, quality, and quantity of
work of the disabled worker, would be set at 75% of the wage
paid to the non-disabled worker. For purposes of these
regulations, a commensurate wage is always a special minimum
wage, i.e., a wage below the statutory minimum.
The following groups have endorsed and urge the immediate
passage of H.R. 3086, the Fair Wages for Workers with
Disabilities Act of 2011(as of November 17, 2011):
ADAPT (formerly known as American Disabled for Attendant
Programs Today)
ADAPT Montana
American Association of People with Disabilities (AAPD)
American Council of the Blind (ACB)
APSE (formerly known as Association for Persons in Supported
Employment)
Association of Programs for Rural Independent Living (APRIL)
Autistic Self Advocacy Network (ASAN)
Autism Society of America (ASA)
Blind Industries and Services of Maryland (BISM)
Center for People with Disabilities (CPWD)
Chicago Lighthouse for People Who Are Blind or Visually Impaired
Collaboration to Promote Self-Determination (CPSD)
Disability Rights Education and Defense Fund (DREDF)
Hearing Loss Association of America (HLAA)
Houston Center for Independent Living
Little People of America (LPA)
National Association of the Deaf (NAD)
National Coalition for Mental Health Recovery (NCMHR)
National Council on Independent Living (NCIL)
National Disability Leadership Alliance (NDLA)
National Disability Rights Network (NDRN)
National Down Syndrome Society (NDSS)
National Federation of the Blind (NFB)
National Fragile X Foundation (NFXF)
Not Dead Yet (NDY)
Self Advocates Becoming Empowered (SABE)
Service Employees International Union (SEIU)
Texas Association of Centers for Independent Living (TACIL)
United Spinal Association
If you have questions or concerns please do not hesitate to
contact me.
Barbara J. Madrigal
Barbara.Madrigal@dars.state.tx.us
President NCSAB