- What is Section 14c of the Fair Labor Standards Act?
- Established in 1938, Section 14c of the Fair Labor Standards Act provides employers the ability to pay special minimum wages to individuals with disabilities based on their performance output.
- Do individuals with disabilities have to work for employers who hold 14c certificates?
- No. It has always been a choice of the individual.
- Why would an individual choose to work under a 14c certificate holder?
- Usually the individual has a disability or barrier to employment that inhibits their ability to be fully productive. In order to maintain employment, they choose to be paid based on their output.
- If Section 14c provides the ability for individuals with disabilities to work who likely would not have an opportunity in a fully competitive setting, then why would it be phased out?
- Some people believe paying individuals less than minimum wage violates the individual’s civil rights. We would counter it is the individual’s choice to work for special minimum wages and taking away that choice equally would violate their civil rights.
- Some individuals with disabilities have been underpaid by a minority of employers who misused their 14c certificates. We counter that phasing out Section 14c punishes those individuals who will lose their jobs as a result. Further, Section 14c certificates can be revoked or voluntarily resigned at any time.
- How many individuals with disabilities currently work at JM Murray under Section 14c and what is the average work efficiency?
- Our current census is 80 and the average work efficiency is less than 30%. YTD 37,800-man hours have been worked.
- What will happen to these individuals if Section 14c is phased out?
- The vast majority will lose their jobs. They will be provided unpaid options within Community and Day Habilitation programs. They may retire or they may simply choose to stay home.
- What current legislation is being considered that would phase out Section 14c?
- Statewide NYS Assembly Bill 3103 and on the federal level H.R. 2373
- What can we do to keep jobs for individuals with disabilities?
- ADVOCATE FOR YOURSELVES. Your voices are much more powerful than JM Murray as an employer. Be informed and read the legislation. Contact your state and federal legislators and let them know it is not ok to take away your choice to work. Reach out to JM Murray’s Management Team if you have any questions.
NYS Assemblymember Dr. Anna Kelles https://nyassembly.gov/mem/Anna-R-Kelles/contact/
NYS Senator Peter Oberacker https://www.nysenate.gov/senators/peter-oberacker/contact
US Congresswoman Claudia Tenney https://tenney.house.gov/contact
US Senator Chuck Schumer https://www.schumer.senate.gov/contact/email-chuck
US Senator Kirsten Gillibrand https://www.gillibrand.senate.gov/contact/email-me