Section 14(c) of the FLSA (Fair Labor Standards Act) authorizes employers, after receiving a certificate from the Wage and Hour Division, to pay subminimum wages - wages less than the Federal minimum wage - to workers who have disabilities for the work being performed.
According to a Department of Labor website, Michigan businesses employ about 800 people under this federal program.
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From the VOR Weekly News Update for October 27, 2023:
The first session was held on Thursday, October 26, 2023.
DOL - Additional Section 14(c) Stakeholder Engagement Sessions Announced
In addition to last night's session [10/26/23], DOL is offering two more opportunities for families to speak on the importance of providing more options for people with I/DD and autism, rather than reducing the number and variety of services available.
NEW:
Stakeholder Engagement Session #2:
November 01, 2023, from 2:00 to 3:30 PM ET.
Members of the public wishing to participate must register in advance of the meeting by October 30 [Sorry! Registration is closed for this session]
Stakeholder Engagement Session #3:
November 15, 2023, from 5:30 to 7:00 PM ET.
Members of the public wishing to participate must register in advance of the meeting by November 1. Click here to register
For more information about these sessions, please click here
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Last Night's [10/26/23] Session
Last night's session ran nearly two hours. Participants were given 2 minutes to speak about their experience and their views on 14(c) programs.
The first to speak was a representative from Microsoft, who announced that they oppose 14(c) programs, because they believe everyone with I/DD or autism can work for minimum wage or better. They announced that they had opened up over 500 jobs in competitive integrated employment.
Microsoft's statement was allowed to run nearly 5 minutes, The two minute time limit was imposed after their representative delivered their prepared statement. This was, once again, a grim reminder that powerful organizations hold much larger influence over policy than do individuals or families of people with IDD and autism.
Our friend Kit Brewer, a provider of 14(c) services and VP of the Coalition for the Preservation of Employment Choice, later spoke, thanking Microsoft for opening up 500 competitive jobs, but countered that providers in the State of Missouri have provided employment to over 5,000 people who prefer to work in sheltered workshops under 14(c).
VOR's Dawn Kovakovich spoke of her daughter's growth over her adult life that is a direct result of her engagement in sheltered workshop. She also told the attendees that the best explanation for the need of 14(c) programs can be found in Chapter 4 of Amy Lutz; book, "Chasing the Intact Mind".
Several self-advocates spoke of their feelings that people with I/DD or autism working for less than minimum wage was hurtful or degrading to them personally (that is, to the self-advocate, not the person who is working in the environment of their choosing). A representative from Diability Rights Kansas also spoke against sheltered workshops.
Hugo Dwyer of VOR spoke of the difficult choices that families are forced to make throughout their lives to ensure what is best for their loved ones with I/DD and autism. These choices vary, depending on the individual in question and the options available, and how members of the disability community should work together and support each other's choices, even if those are not the choices they have made. We should support each other, empathize with each other's challenges, and respect the choices that each of us make.
It is vitally important that VOR members sign up to speak at these meetings. Every voice in favor of 14(c) programs is needed, to help preserve these opportunities for those families who benefit from them.
