Enforcement Issues Under FLSA Section 14(c)

The U.S. Department of Labor Wage and Hour Division is charged with the administration and enforcement of the FLSA, including Section 14(c), which authorizes the payment of special minimum wages (SMWs) to workers with disabilities.

Enforcement is conducted by investigators stationed across the U.S. As the authorized representatives of the Wage and Hour Division, they conduct investigations and gather data on wages, hours worked and other employment conditions or practices to determine compliance with the laws enforced by the Wage and Hour Division. Where violations are found, investigators may recommend changes in employment practices to bring an employer into compliance with the law and oversee the payment of any back wage liability that may have been incurred.

It is a violation to fire or in any manner discriminate against an employee for filing a complaint or for participating in a legal proceeding under the FLSA.

For general information about FLSA enforcement issues, including the conduct of investigations, please read Fact Sheet 44, Visits to Employers, or use the elaws FLSA Advisor. For information about enforcement specific to FLSA Section 14(c) employment situations, select one of the following:

• Investigation procedures specific to FLSA Section 14(c)
• Employee’s private right to petition for a review of special minimum wages
• Most common violations found during an investigation under FLSA Section 14(c)
• FLSA Section 14(c) Certification Team review
• Application of child labor provisions to employers of workers with disabilities
• Revocation of certificates
• Denial of certificates
• Refusal to renew certificates
• Back wage liabilities
• Assessment of civil money penalties (CMPs)

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FLSA Section 14(c) Advisor | Wage and Hour Division

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