|
Work centers or community rehabilitation programs (CRPs) will often
place a worker with a disability in a competitive employment situation. This is
when the worker reports to a business or establishment other than the work
center and performs work for that business or establishment.
The work center may provide a “job coach” to supervise the
worker, still carry the worker on the work center payroll and continue to
provide traditional rehabilitation services to the worker. The worker with a
disability may often continue to receive a special minimum wage as a result of
the certificate held by the work center. In such situations, the FLSA considers
the worker with a disability to be the employee of both the work center and the
competitive business. That worker is jointly employed by the
rehabilitation facility and by the business where he or she is placed, and both
employers are responsible for compliance with the FLSA and ensuring the worker
receives the proper compensation.
Coverage for the worker with a disability may be based on either an
enterprise or individual basis and may stem from the work center or the
competitive employer. If the worker performs any FLSA-covered work for either
the work center or the competitive employer, all work performed by that worker
during that workweek is covered.
I would like to:
FLSA Section 14(c) Advisor |
Wage and Hour Division
|
