Subminimum Wage Proposed Rule Toolkit - In Partnership with the National Down Syndrome Congress

What are 14(c) certificates?
14(c) certificates are waivers issued by the U.S. Department of Labor that allow employers pay people with disabilities subminimum wage as outlined under Section 14(c) of the Fair Labor Standards Act of 1938. Although the number has been steadily decreasing as policies change and new opportunities and higher expectations for people with disabilities have emerged, there are still over 700 certificate holders that pay around 40,000 people with disabilities below the minimum wage. The average employee working under a 14(c) certificate makes $3.50 an hour, while the federal minimum wage is $7.25.  

What is competitive integrated employment (CIE)? 
Competitive integrated employment is when people with disabilities work alongside non-disabled peers, earning at least the minimum wage, while having the same opportunities for promotions and other employee benefits. 

What is a Notice of Proposed Rulemaking?
Notice of Proposed Rulemaking (NPRM) is when a government agency tells people about a new rule it wants to make and asks for their opinions. After getting feedback, the agency decides whether to make changes before finalizing the rule.

Why is it important to comment on this NPRM?  
Your voice and your stories matter! Just like when you talk to elected officials about different bills to make legislative change, NPRMs are a chance for you to advocate for change with federal agencies. The more people who submit comments in support of the proposed rule, the more likely it is that the Department will finalize this rule to make it permanent. Numbers DO matter, so please take a few minutes to submit a comment (even if it’s only 2-3 sentences long). 

To submit comments to the Department of Labor, you can visit this page on the Federal Register’s website. You will be asked to submit your comment, name, and email. The next section will have some more examples of what you can say in your comments. It is important that you submit your own comments, and don’t copy from someone else. If two or more identical comments are submitted, the Department will only count it as one. We need as many unique comments as possible to make sure we put this rule into place!
REMEMBER: comments are public, unless you select the anonymous option. 

• Talk about your history with employment.
• Talk about how much you earn at your job or how much you earned at other jobs.
• Talk about your experience if you have worked in a sheltered workshop, and how it made you feel to earn pennies on the dollar.
• Talk about why making at least the minimum wage is important for people with disabilities
• Talk about why competitive integrated employment (working with nondisabled people in the community earning at least minimum wage) is important for people with disabilities.

Please note:

• Even if you’ve never worked at a sheltered workshop, your perspective still matters!
• If you do not yet have a history of employment (e.g., for families with younger children), you should submit comments anyway and discuss your expectations for yourself or your family member to obtain competitive integrated employment (CIE) and not earn less than minimum wage.
• Try to keep your comments as short as possible. Your comments should not contain more than 1000 words. This is your chance to advocate and share your story, so make it your own! 

• Do not share any private information like your email address, your home address, or pictures/videos. It is okay to mention what state you are from to show geographic diversity.
• Do not talk about other issues that impact people with disabilities. The Department of Labor is only interested in reading comments about their proposed rule outlawing subminimum wage.
• Do not submit multiple versions of the same comments. If two or more comments are submitted that are identical, the Department of Labor will only count it as one! It is important to submit as many unique comments as possible.  

• The Government Accountability Office (GAO) estimates that 90% of workers employed under 14(c) certificates have an intellectual or developmental disability (I/DD).
• More than 50% of employees working under 14(c) certificates make less than $3.50 an hour, and 14% make under $1.00 an hour
• States that have phased out the use of 14(c) certificates have seen increases in employment rates for individuals with intellectual and developmental disabilities:
• New Hampshire: 6.6% increase in employment rate of people with I/DD.
• Maryland: 11.9% increase in employment rate of people with I/DD.
• Vermont: 24.5% increase in employment rate of people with I/DD.
• More information on employment rates for people with I/DD can be found at the Association of People Supporting Employment First (APSE). 

Submitting comments to the federal government is an exciting opportunity for advocates, but it can also be confusing! If you have questions, please contact Kevin Ryle with the National Down Syndrome Society at kryle@ndss.org.  

Thank you for your help in working to end the discriminatory practice of paying people with disabilities subminimum wage.