Federal Employee Rights for Workers with Disabilities paid at Special Minimum Wages Poster
The Employee Rights for Workers with Disabilities paid at Special Minimum Wages is a workplace posters poster by the Federal Department Of Labor. This poster is mandatory for some employers, including employers that have workers employed under special minimum wage certificates.
This poster must be posted by every private, federal, state and local government employing any employee subject to the Fair Labor Standards Act. This poster describes the Federal minimum wage as well as overtime pay standards, child labor standards, pay for tipped employees and penalties for employers that try to get around the standards. Any employer of employees to whom sec. 7 of the Fair Labor Standards Act does not apply may alter or modify the poster legibly to show that the overtime provisions do not apply.
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WORKERS WITH DISABILITIES Subminimum wages under section 14(c) are not applicable unless a worker’s disability actually impairs the worker’s earning or productive capacity for the work being performed. The fact that a worker m\ ay have a disability is not in and of itself sufficient to warrant the payment of a subminimum wage. For purposes of payment of commensurate wage rates under a certificate, \ a worker with a disability is defined as: An individual whose earnings or productive capacity is impaired by a physical or mental disability, including those related to age or injury, for the work to be performed. Disabilities which may affect productive capacity include an intellectual or developmental disability, psychiatric disability, a hearing or visual impairment, and certain other impairments. The fol\ lowing do not ordinarily affect productive capacity for purposes of paying commensurate wage rates: educational disabilities; chronic unemployment; receipt of welfare benefits; nonattendance at school; juvenile delinquency; and correctional parole or probation. WORKER NOTIFICATION Each worker with a disability and, where appropriate, the parent or guardian of such worker, shall be informed orally and in writing by the employer of the terms of the certificate under which such worker is employed. KEY ELEMENTS OF COMMENSURATE WAGE RATES • Nondisabled worker standard —The objective gauge (usually a time study of the production of workers who do not have disabilities that impair their productivity for the job) against which the productivity of a worker with a disability is measured. • Prevailing wage rate —The wage paid to experienced workers who do not have disabilities th\ at impair their productivity for the same or similar work and who are performing such work in the area. Most SCA contracts include a wage determination specifying the prevailing wage rates to be paid for SCA-covered work. • Evaluation of the productivity of the worker with a disability —Documented measurement of the production of the worker with a disability (in terms of quantity and quality). The wages of all workers paid commensurate wages must be reviewed, and adjusted if appropriate, at periodic intervals. At a minimum, the productivity of hourly-paid workers must be reevaluated at least every six months and a new prevailing wage survey must be conducted at least once every twelve months\ . In addition, prevailing wages must be reviewed, and adjusted as appropriate, whenever there is a change in the job or a change in the prevailing wage rate, such as when the applicable state or federal minimum wage is increased. WIOA The Workforce Innovation and Opportunity Act of 2014 (WIOA) amended the Rehabilit\ ation Act by adding section 511, which places limitations on the payment of subminimum wages\ to individuals with disabilities by mandating the completion of certain requirements prior to and during the payment of a subminimum wage. EXECUTIVE ORDER 13658 Executive Order 13658, Establishing a Minimum Wage for Contractors, established a minimum wage that generally must be paid to workers performing on or in connection with a covered contract with the Federal Government. Workers covered by this Executive Order and due the full Executive Order minimum wage include workers with disabilities whose wages are calculated pursuant to certificates issued under section 14(c) of th\ e FLSA. FRINGE BENEFITS Neither the FLSA nor the PCA have provisions requiring vacation, holiday, or sick pay nor other fringe benefits such as health insurance or pension plans. SCA wage determinations may r\ equire such fringe benefit payments (or a cash equivalent). Workers paid under a certificate authorizing commensurate wage rates must\ receive the full fringe benefits listed on the SCA wage determination. OVERTIME Generally, if a worker is performing work subject to the FLSA, SCA, and/or PCA, t\ hat worker must be paid at least 1 1/2 times their regular rate of pay for all hours worked over 40 in a workweek. CHILD LABOR Minors younger than 18 years of age must be employed in accordance with the child labor provisions of the FLSA. No persons under 16 years of age may be employed in manufacturing \ or on a PCA contract. PETITION PROCESS Workers with disabilities paid at subminimum wages may petition the Administrator of the Wage and Hour Division of the Department of Labor for a review of their wage rates by an Administrative Law Judge. No particular form of petition is required, except that it must be signed by the worker with a disability or his\ or her parent or guardian and should contain the name and address of the employer. Petitions should be mailed to: Administrator, Wage and Hour Division, U.S. Department of Labor, Room S-3502, 200 Constitution Avenue NW, Washington, D.C. 20210. EMPLOYEE RIGHTS FOR WORKERS WITH DISABILITIES PAID AT SUBMINIMUM WAGES 1-866-487-9243 TTY: 1-877-889-5627 www.dol.gov/whd WH1284 REV 01/18 WAGE AND HOUR DIVISION UNITED STATES DEPARTMENT OF LABOR This establishment has a certificate authorizing the payment of subminim\ um wages to workers who are disabled for the work they are performing. Authority to pay subminimum wages to workers with disabilities generally\ applies to work covered by the Fair Labor Standards Act (FLSA) , McNamara-O’Hara Service Contract Act (SCA) , and/or Walsh-Healey Public Contracts Act (PCA) . Such subminimum wages are referred to as “commensurate wage rates” and are less than the basic hourly rates stated in an SCA wage determination a\ nd/or less than the FLSA minimum wage of $7.25 per hour . A “commensurate wage rate” is based on the worker’s individual productivity, no matter how limited, in proportion to the wage and productivity of experienced workers who do not have disabilities that impa\ ct their productivity when performing essentially the same type, quality, and quantity of work in the geographic area from which the labor force of the community is drawn. Employers shall make this poster available and display it where employees and the parents and guardians of \ workers with disabilities can readily see it.
Other Federal Labor Law Posters 4 PDFS
There are an additional 45 optional and mandatory Federal labor law posters that may be relevant to your business. Be sure to also print all relevant state labor law posters, as well as all mandatory federal labor law posters.
View all 46 Federal labor law posters
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- Original poster PDF https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/disabc.pdf , updated May 2020
- Federal Labor Law Posters at https://www.dol.gov/general/topics/posters
- Federal Department Of Labor
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