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Only employers who are certified—those who have applied for and
received a certificate from the U.S. Department of Labor Wage and Hour
Division—may choose to pay special minimum wages (SMWs) to workers with
disabilities that diminish the productivity of their work. For general
information about the FLSA Section 14(c) certification process, please read
Fact Sheet
39A, How to Obtain a Certificate Authorizing the Payment of Special
Minimum Wages to Workers with Disabilities under Section 14(c) of the Fair
Labor Standards Act (FLSA).
Certificates are issued under FLSA Section 14(c) to prevent the
curtailment of employment opportunities for workers with disabilities. When
issued, the same certificate will authorize the employer to pay special minimum
wages to workers with disabilities that impair their performance on work subject to the FLSA, the
McNamara-O’Hara Service Contract Act (SCA), the Walsh-Healy Public
Contracts Act (PCA) and the Contract Work Hours and Safety Standards Act
(CWHSSA).
It is important to note that the granting of a certificate is not a
statement of compliance by the Wage and Hour Division. Possession of a
certificate does not convey a good faith defense should violations of the law
occur.
In this section, you can learn about the various types of certificates,
review the application process and access the materials needed to apply for a
certificate. Select the issue about which you want more information:
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