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Certificates issued under FLSA Section 14(c) reflect both an effective
date and an expiration date. Generally, the authority to pay special minimum
wages to workers with disabilities remains in effect until the certificate
expires, but the Wage and Hour Division may revoke a certificate for the
reasons cited below.
- It is found that false statements were made or facts were
misrepresented in obtaining the certificate or in permitting a worker with a
disability to be employed under a certificate. If this is the case, the
certificate may be revoked retroactively to the date of issuance.
- It is found that any of the provisions of the FLSA, the
McNamara-O’Hara Service Contract Act (SCA), the Walsh-Healey Public
Contracts Act (PCA) or the terms of the certificate have been violated. In this
case, the certificate may be revoked as of the date of the violation.
- It is found that the certificate is no longer needed to prevent the
curtailment of employment opportunities for workers with disabilities. In this
case, the certificate may be revoked as of the date of the revocation notice.
An employer will be notified in writing if his or her certificate is
revoked. The procedures for revoking a certificate are found in Regulations
29 CFR Part
525.17(b) and 525.18.
Employers would be required to pay all workers, from the date of the
revocation, at least the full FLSA minimum wage or, where applicable, the full
SCA prevailing wage.
I would like to:
FLSA Section 14(c) Advisor |
Wage and Hour Division
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