from the Michigan DD Council:
The Michigan Developmental Disabilities Council (MDDC) has drafted its 2017-2021 State Plan.
Goals and objectives are identified to improve the availability and quality of services and supports, to assure equal rights and opportunities, and to further community integration and inclusion for individuals with developmental disabilities and their families. The State Plan provides the basic framework for how Council funds will be used and what activities the Council will be involved in.
We appreciate your time in providing comments and feedback. Please send any comments or thoughts you might have. There are three (3 ) ways to provide feedback.
Email to: MDHHS-DD-Council@michigan.gov
US Mail to: Michigan Developmental Disabilities Council
5-year Plan Public Comment
c/o Tedra Jackson
320 S. Walnut
Lansing, MI 48913
Or via Survey Monkey by clicking here .
Additionally, there will be two days where the public can review the plan in-person at the DD Council Office. Friday, May 27th from 8:30am to 5:00pm and Wednesday, June 15th from 8:30am to 5:00pm. The DD Council office is located in the Lewis Cass Building, 320 S. Walnut, Lansing, MI 48913.
We will receive feedback until 12:00 PM Monday, June 27, 2016.
Thank you for your help as we plan for the Councils activities over the next five years. If you have any questions or need assistance please contact the Council office at 517-335-3158.
Link to DD Council 2017-2021 Five-Year Plan5 year
**********************************
For more information on the Michigan DD Council, see the 2015 Annual Report
At its April 5th, 2016 meeting, the Michigan Developmental Disabilities Council will be discussing a recommendation to support amending current state legislation to prohibit the ability under the state law of employers to pay less than the minimum wage to persons with physical or mental disabilities, without regard to an individual’s productivity and earning capacity.
The controversy over sub-minimum wages is usually framed as a difference of opinion and ideology between people who believe disabled workers have the same right as everyone else to the protection of minimum wage laws, against those who believe that a subsidy to employers through sub-minimum wage certificates is justified to assure appropriate work experiences. For people who would otherwise not be employable in integrated, competitive work environments, wage certificates assure the availability of suitable alternatives.
The problem is that the two sides in this argument are talking about different people in different circumstances who cannot be categorized by sweeping generalizations about people with disabilities. Individually, each person with a developmental disability has a right to appropriate services and a right to be protected from discrimination in the workplace. The federal law and regulations as they are now written do both, even though enforcement of the law and how it is interpreted may be open to question.
*********************************
Below are references to federal regulations that define under what circumstances employers can apply for sub-minimum wage certificates for people with disabilities. These certificates are used primarily in facility-based programs or sheltered workshops that often provide an array of services beyond employment. Without the wage certificates, many of these programs would not be able to continue operating.
From the Wage and Hour Division of the U.S. Department of Labor:
§525.1 Introduction.
The Fair Labor Standards Amendments of 1986 (Pub. L. 99-486, 100 Stat. 1229) substantially revised those provisions of the Fair Labor Standards Act of 1938 (29 U.S.C. 201) (FLSA) permitting the employment of individuals disabled for the work to be performed (workers with disabilities) at special minimum wage rates below the rate that would otherwise be required by statute. These provisions are codified at section 14(c) of the FLSA and:
(a) Provide for the employment under certificates of individuals with disabilities at special minimum wage rates which are commensurate with those paid to workers not disabled for the work to be performed employed in the vicinity for essentially the same type, quality, and quantity of work; [emphasis added]
(b) Require employers to provide written assurances that wage rates of individuals paid on an hourly rate basis be reviewed at least once every six months and that the wages of all employees be reviewed at least annually to reflect changes in the prevailing wages paid to experienced individuals not disabled for the work to be performed employed in the locality for essentially the same type of work;
...
(d) Permit the continuance or establishment of work activities centers; and
(e) Provide that any employee receiving a special minimum wage rate pursuant to section 14(c), or the parent or guardian of such an employee, may petition for a review of that wage rate by an administrative law judge. [emphasis added]
Definitions:
Worker with a disability for the purpose of this part means an individual whose earning or productive capacity is impaired by a physical or mental disability, including those relating to age or injury, for the work to be performed. Disabilities which may affect earning or productive capacity include blindness, mental illness, mental retardation, cerebral palsy, alcoholism, and drug addiction. The following, taken by themselves, are not considered disabilities for the purposes of this part: Vocational, social, cultural, or educational disabilities; chronic unemployment; receipt of welfare benefits; nonattendance at school; juvenile delinquency; and, correctional parole or probation. Further, a disability which may affect earning or productive capacity for one type of work may not affect such capacity for another.[emphasis added]
Special minimum wage is a wage authorized under a certificate issued to an employer under this part that is less than the statutory minimum wage…
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 performing 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 nondisabled 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 nondisabled worker. For purposes of these regulations, a commensurate wage is always a special minimum wage, i.e., a wage below the statutory minimum.
Wage payments:
§525.5 Wage payments.
(a) An individual whose earning or productive capacity is not impaired for the work being performed cannot be employed under a certificate issued pursuant to this part and must be paid at least the applicable minimum wage. [emphasis added] An individual whose earning or productive capacity is impaired to the extent that the individual is unable to earn at least the applicable minimum wage may be paid a commensurate wage, but only after the employer has obtained a certificate authorizing payment of special minimum wages from the appropriate office of the Wage and Hour Division of the Department of Labor.
§525.9 Criteria for employment of workers with disabilities under certificates at special minimum wage rates.
(a) In order to determine that special minimum wage rates are necessary in order to prevent the curtailment of opportunities for employment, the following criteria will be considered:
(1) The nature and extent of the disabilities of the individuals employed as these disabilities relate to the individuals' productivity;
(2) The prevailing wages of experienced employees not disabled for the job who are employed in the vicinity in industry engaged in work comparable to that performed at the special minimum wage rate;
(3) The productivity of the workers with disabilities compared to the norm established for nondisabled workers through the use of a verifiable work measurement method (see §525.12(h)) or the productivity of experienced nondisabled workers employed in the vicinity on comparable work; and,
(4) The wage rates to be paid to the workers with disabilities for work comparable to that performed by experienced nondisabled workers.
(b) In order to be granted a certificate authorizing the employment of workers with disabilities at special minimum wage rates, the employer must provide the following written assurances concerning such employment:
(1) In the case of individuals paid hourly rates, the special minimum wage rates will be reviewed by the employer at periodic intervals at a minimum of once every six months; and,
(2) Wages for all employees will be adjusted by the employer at periodic intervals at a minimum of once each year to reflect changes in the prevailing wages paid to experienced nondisabled individuals employed in the locality for essentially the same type of work.
The issuance of a sub minimum wage certificate review and appeals:
§525.18 Review.
Any person aggrieved by any action of the Administrator taken pursuant to this part may, within 60 days or such additional time as the Administrator may allow, file with the Administrator a petition for review. Such review, if granted, shall be made by the Administrator. Other interested persons, to the extent it is deemed appropriate, may be afforded an opportunity to present data and views. [Administrator means the Administrator of the Wage and Hour Division, U.S. Department of Labor, or the Administrator's authorized representative.]
§525.19 Investigations and hearings.
The Administrator may conduct an investigation, which may include a hearing, prior to taking any action pursuant to these regulations. To the extent it is deemed appropriate, the Administrator may provide an opportunity to other interested persons to present data and views. Proceedings initiated pursuant to this section are separate from those taken pursuant to FLSA section 14(c)(5) and §525.22.
§525.23 Work activities centers.
Nothing in these regulations shall be interpreted to prevent an employer from maintaining or establishing work activities centers to provide therapeutic activities for workers with disabilities as long as the employer complies with the requirement of these regulations. Work activities centers shall include centers planned and designed to provide therapeutic activities for workers with severe disabilities affecting their productive capacity. Any establishment whose workers with disabilities are employed at special minimum wages must comply with the requirements of this part, regardless of the designation of such establishment.
I want to personally encourage the public to participate in this discussion of the issue of sub-minimum wages, their affect on people with DD, and the availability of appropriate programs and services to meet the diverse needs of the DD population. The DD Council will be taking up this issue at the April 2016 meeting. To give the public and especially individuals with DD and their families a chance to weigh-in, the council anticipates hearing from people during the public comment period and will also accept written comments that will be distributed to council members for their consideration. The DD Council always schedules time for public comments at their meetings and welcomes public participation.
*********************************
The Michigan Developmental Disabilities Council wants to hear from you on the issue of sub-minimum wage certificates and whether the DD Council should support amending current legislation to prohibit the ability under the state law of employers to pay less than the minimum wage to persons with physical or mental disabilities, regardless of an individual’s productivity and earning capacity. For people with DD, sub-minimum wage certificates are used primarily by employers for sheltered workshops (facility-based employment or skill-building services). [For more information, see below.]
The DD Council will be considering this issue at its next meeting on:
Tuesday, April 5th, 2016
10:45 am to Noon
at the Lewis Cass Building,
320 S. Walnut Street between Washtenaw and Kalamazoo
Lansing, MI
This is a new location for the DD Council.
The opportunity for public comment is usually at the beginning of the meeting. The exact wording of the recommendation before the council may change slightly, but the main idea is the same as stated above. If you plan to attend public comment, please notify Dee Florence at FlorenceD1@michigan.gov or (517) 284-7293 by Thursday, March 30, 2016.
Send written comments to Yasmina Bouraoui at bouraouiy@michigan.gov or Dee Florence at FlorenceD1@michigan.gov by Friday, April 1st, 2016. These will be distributed to DD Council members.
MORE INFORMATION:
What are sub-minimum wage certificates?
The federal Fair Labor Standards Act currently allows employers of people with disabilities to apply for “authorizing certificates” from the U.S. Department of Labor to pay special minimum wages (SMWs) “to workers with disabilities whose productive and earning capacities are impaired for the work being performed.”
“An SMW must also be a commensurate wage, based on the individual productivity of the worker with a disability (no matter how limited) in proportion to the productivity of experienced workers who do not have disabilities that impact their productivity when performing essentially the same work in the same vicinity.”
For people with developmental disabilities, wage certificates are used primarily by sheltered workshops (facility-based employment or skill-building programs) as an incentive to hire people who might otherwise not be employable. These facility-based programs often provide an array of services beyond employment. Without the wage certificates, many of these programs would not be able to continue operating. In integrated Supported Employment work settings, disabled workers receive at least minimum wage along with support services; the wage certificates are not used.
The DD Council staff determined that states may pass legislation eliminating the use of wage certificates by employers for people with developmental disabilities and looked into the feasibility of doing so. See Staff Report here.
For more information on the effect of eliminating the choice of facility-based employment, especially for people with more severe disabilities, with the primary alternative being integrated supported employment, see The DD News Blog. APSE, The Association of People Supporting Employment First, supports phasing out the use of facility-based work programs in favor of integrated, competitive employment for all.
The Michigan Developmental Disabilities Council (of which I am a member) is sponsoring state-wide meetings to gather information for its next 5-year state plan. They need to hear from you.
For the uninitiated, the Michigan Developmental Disabilities Council is a program funded by The federal Developmental Disabilities Assistance and Bill of Rights Act (also known as The DD Act). Every state has a DD Council that is allocated federal funding to pass on to non-profit organizations and agencies to further the goals described in the DD Act:
...to support State Councils on Developmental Disabilities ...in each State to—
1. engage in advocacy, capacity building, and systemic change
activities that are consistent with the purpose described in section
101(b) and the policy described in section 101(c); and
2.
contribute to a coordinated, consumer- and family-centered, consumer-
and family-directed, comprehensive system of community services,
individualized supports, and other forms of assistance that enable
individuals with developmental disabilities to exercise
self-determination, be independent, be productive, and be integrated and
included in all facets of community life.
Members are appointed by the Governor.
One thing that is important to understand about DD Councils is that they do not fund direct services to people with developmental disabilities, although people with DD may benefit indirectly from DD Act funded programs. The Michigan DD Council provides grants to nonprofit organizations, agencies, and other groups and is a major source of funding for advocacy organizations such as the ARC Michigan. One area of comment that is not often mentioned but that I think is very important is whether the groups that receive funding are acting in your best interests.
For reference, this is the current Michigan DD Council 5-year plan for 2012-2016. What would you change, add, or subtract from the current plan?
This is the notice for Community Conversation in Detroit. Other meetings are linked below.
***************************************************
Michigan Developmental Disabilities Council
Community Conversation
Friday, April 10, 2015
9:30am-2:00pm
Greater Grace Temple
23500 W Seven Mile Rd.
Detroit, MI 48219
Lunch will be provided
The DD Council wants to hear from YOU!
Are
you a person with a developmental disability, a family member of a
person with a developmental disability, or an advocate for persons with
disabilities?
The Michigan Developmental Disabilities Council is
gathering information for its next 5-year state plan. This is your
chance to tell us what’s important to you and what you want the DD
Council to do about it. Join us to share your story, explore the
challenges that effect your life and talk about the issues that are
important to you.
Advanced Registration is Required
To register please click here
Registration Deadline:
Monday, March 30, 2015
Organized by the Washtenaw Association for Community Advocacy
For more information or help registering contact: Jen Gossett at 734-662-1256 ext. 206 or Jgossett@washtenawaca.org.
Link to other meeting announcements in Gaylord, Plainwell, Lansing, and Marquette here . These announcments include additional links for registration.
