What’s Happening: 

The Department of Labor has requested public comments on their new proposed rule to end the practice of paying disabled workers subminimum wages. Currently, the Department of Labor gives employers certificates called “14c certificates” that allow them to pay disabled workers less than minimum wage. When 14c certificates are in place, disabled workers are paid less than their coworkers who do not have disabilities.

The End Subminimum Wage coalition strongly supports this new proposal. We believe that the practice of paying disabled workers subminimum wages has no place in modern society, and that the Department of Labor’s proposal, if enacted, would involve significant progress towards fair working conditions for disabled workers. You can read the Notice of Proposed Rulemaking in its entirety at this link. 

What We’re Doing: 

The American Association of People with Disabilities (AAPD) will submit a comment to the Department of Labor in support of this rule, and provide our organization’s perspective about how the rule will positively impact disabled Americans as well as our recommendations on how to make the rule as effective as possible. In addition, AAPD wants to share personal stories and anecdotes from the disability community about the impact of subminimum wage, as well as share input and support from others who do not have direct experience, but care about economic fairness for disabled people.

We hope to demonstrate two things with the comments we share: 

1. Demonstrate broad support for ending subminimum wage from disabled and non-disabled people from across the political spectrum, and; 
2. Uplift direct experiences from disabled people who have been or are currently employed under a 14c certificate, paid subminimum wage, and/or work in a sheltered workshop

What You can Do:

We hope you will consider sharing your comment via this form no later than midnight (your local time, but no later than 11:59pm Hawaii Standard Time) on Wednesday, January 15, 2025. We will collate the collected stories and submit them to the Department of Justice on the final deadline of Friday, January 17, 2025. 

While AAPD will not share any personal contact information you share via this form, please be mindful that the contents of any submitted stories will be shared publicly. Stories will be attributed to an individual’s First Name and Last Initial. Individuals may also sign their comment as “Anonymous.”

You might find this Plain Language guide to this rule and submitting a comment from our partners at the Autistic Self Advocacy Network to be helpful.

About the Rule and What To Write:

In the proposed rule, the Department of Labor recommends two steps to end subminimum wage:

1. The Department of Labor will no longer issue new 14c certificates and;
2. Employers who currently operate under 14c certificates will have 3 years to phase out their 14c practice. In addition, the Department of Labor will no longer renew employers’ 14c certificates. Currently, employers with 14c certificates need to apply to renew their certificates every 3 years.

If you have experience being paid subminimum wage or working in a sheltered workshop, here are some questions that might help you write your comment: 

• How has being paid subminimum wage impacted your life? Did it impact your financial security? Did it make it harder to find a better job? 
• How did being paid subminimum wage make you feel as a human being? Did you feel respected? Why or why not? 
• Why do you believe that it is important to pay disabled workers and nondisabled workers the same? 
• People who make decisions about policies and laws are called policymakers. Is there anything you want policymakers to know about your experience? 
• What do you think of the proposed 3 years to transition to CIE? Do you think it is enough time, or too long? Why? 

If you do not have personal experience as an employee under a 14c certificate, but support ending subminimum wage, we welcome your comment, whether you are a disabled person or a non-disabled ally. Here are some questions that might help you write your comment:

• Why do you support ending subminimum wage?
• If you are nondisabled, why do you support ending subminimum wage?
  • If you have a disabled friend or family member who has been paid subminimum wage, what about their experience made you oppose the practice? (If you can, please ask their permission before submitting your comment, or write a comment that does not use information that would identify them)
• If you are disabled, have you had experiences where your work is valued less than the labor of non-disabled workers? Have you been denied opportunities at work because of your disability? How did that make you feel?
  • What do you want policymakers to learn from your experience that they apply to their decisions about 14c certificates?

If you have any questions, concerns, or need accommodations to be part of this process, please email Jess Davidson at [email protected].