U.S. Department of Labor Issues Guidance on Law Limiting Subminimum Wages for Workers With Disabilities, Takes Decisive Action to Enforce the Law

Excerpt:  “The U.S. Department of Labor announced new guidance published today by the department’s Wage and Hour Division on important limitations on the payment of subminimum wages under Section 511 of the Rehabilitation Act, which applies to certified employers otherwise authorized to pay subminimum wages to workers with disabilities under specific requirements of the Fair Labor Standards Act. Section 511 requires employers with a certificate under Section 14(c) of the FLSA to ensure that workers have received critical resources and information prior to and throughout the duration of employment at a subminimum wage. The timely provision of these resources and information helps maximize opportunities for workers to obtain competitive integrated employment. When employers fail to comply with the requirements of Section 511, they are required to pay workers the full federal minimum wage.”