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;
(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;
(c) Prohibit employers from reducing the wage rates prescribed by
certificate in effect on June 1, 1986, for two years;
(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.
