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Approximately two months before a certificate authorizing the payment of
special minimum wages (SMWs) under FLSA Section 14(c) is due to expire, the
Wage and Hour Division notifies the employer that it is time to apply for a new
certificate. However, the fact that an employer currently holds such a
certificate and has filed a timely renewal application is not a guarantee that
the certificate will be renewed.
Each renewal application is carefully reviewed by members of the Wage
and Hour Division’s FLSA Section 14(c) Certification Team located in
Chicago, Illinois. An application to renew an existing certificate may be
denied, with the concurrence of the Wage and Hour Division National Office, 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.
- It is found that any of the provisions of the FLSA or the terms of
the certificate have been violated.
- It is found that the certificate is no longer needed to prevent the
curtailment of employment opportunities for workers with disabilities.
The procedures for the denial of renewal applications may be found in
Regulations 29
CFR Part 525.13. The employer would be notified in writing if such a
decision were made.
I would like to:
FLSA Section 14(c) Advisor |
Wage and Hour Division
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