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##Background

The Department of Labor (DOL), Wage and Hour Division (WHD) will further improve the accomplishment of its mission by refining internal and external standards to unify policy, certification, enforcement and certificate holder operations under Section 14(c) of the Fair Labor Standards Act of 1938 (Section 14(c)). WHD will issue and enforce Section 14(c) certificates to ensure they are only held by employers who comply with all program standards and will work to ensure individuals are knowledgeable of their Section 14(c) rights, as well as competitive integrated employment options.

Section 14(c) permits the payment of subminimum wage rates, after receipt of a certificate by DOL, to individuals whose earning or productive capacity is impaired by a disability for the work to be performed. It requires that an individual’s rate of pay be commensurate with the rates paid workers without a disability performing the same type of work in the same vicinity. Please find more information here and here.