[Nfbmt] Section 14(c) of the Fair Labor Standards Act: 100 Percent Wrong

[sheila]

that's a great post and I wholeheartedly agree with all statements made 
by anil. If the agencies or whatever they choose to cll themselves are 
truly paying disabled workers properly then surrender their wage 
certificates.
On 1/10/2014 4:00 PM, James Aldrich wrote:
> From:Lewis, AnilTo:Affiliate Presidents 
> (state-affiliate-leadership-list at nfbnet.org)nfb-legislative-directors at nfbnet.orgSubject:[State-affiliate-leadership-list] 
> Section 14(c) of the Fair Labor Standards Act: 100 Percent Wrong
>
>
> Section 14(c) of the Fair Labor Standards Act: 100 Percent Wrong
>
> Submitted by alewis on Thu, 01/09/2014 - 10:28
>
> Blog Date:
>
> Thursday, January 9, 2014
>
> By Anil Lewis
>
> https://nfb.org/blog/vonb-blog/section-14c-fair-labor-standards-act-100-percent-wrong 
>
>
>
>
> In a recent article, "Goodwill faces criticism over pay for disabled 
> workers," PolitiFact Georgia attempts to evaluate the truthfulness of 
> the National Federation of the Blind’s claims in our call for the 
> repeal of Section 14(c) of the Fair Labor Standards Act (FLSA), a 
> provision that allows employers, like Goodwill Industries, to obtain a 
> Special Wage Certificate from the U.S. Department of Labor that allows 
> them to legally pay workers with disabilities less than the federal 
> minimum wage.  Our claim is that the use of subminimum wage payments 
> to workers with disabilities is unfair, discriminatory, and immoral, 
> and we are fighting to end the unreasonable practice of excluding 
> people with disabilities from being guaranteed the federal minimum 
> wage. After their rudimentary investigation, PolitiFact Georgia 
> concludes that our claim is half true.
>
> PolitiFact Georgia rated our claim as half true based on the following 
> statements obtained from Goodwill representatives. “More than thirty 
> percent of the 700 Goodwill employees in the Savannah region are 
> disabled, a spokeswoman said. The region does hold a 14(c) certificate 
> but doesn’t use it, and the lowest hourly wage offered employees in 
> the region is $7.75 an hour.” The National Federation of the Blind 
> obtained the wage information of the Savannah Regional Goodwill from 
> the U.S. Department of Labor Wage and Hour Division through a FOIA 
> request. These records show a number of employees in the Goodwill 
> Savannah Region being paid as little as $1.44 per hour. So our 
> investigation rates the Goodwill claim 100 percent false. If the 
> Savannah Goodwill has subsequently discontinued this practice, it is 
> due to the public awareness and advocacy efforts of the National 
> Federation of the Blind.
>
> The article further states that, “There are no workers paid below 
> minimum wage at stores or offices in the Macon region…The region 
> possesses the 14(c) Special Wage Certificate but doesn’t use it.” 
> Goodwill Savannah’s false assertion makes their claim suspect. The 
> only way to be sure that these entities will not choose to pay their 
> workers with disabilities less than the federal minimum wage is for 
> them to surrender their Section 14(c ) Special Wage Certificate.
>
> Goodwill International states that 101 of their affiliates operate 
> successfully without paying subminimum wages to their workers with 
> disabilities. However, rather than adopting a policy to require the 
> other sixty-four affiliates to operate in a similar fashion, the 
> Goodwill International representatives state that it is a local 
> decision for these affiliates to pay their workers with disabilities 
> subminimum wages, and they support this choice.
>
> Section 14(c) is unfair. If it were fair, it would apply to every 
> employee, including the managers and executives. No other Goodwill 
> employees are willing to work at subminimum wages, nor will they 
> consent to being paid based on the flawed commensurate wage formula 
> used to determine the wages paid to the workers with disabilities.
>
> Section 14(c) is discriminatory. It applies specifically to workers 
> with disabilities, discriminating based on the characteristic of 
> disability, and falsely assuming that workers are less productive 
> because they have disabilities.
>
> Section 14(c) is immoral. These section 14(c) “employers” are peddling 
> their segregated subminimum wage environments as a compassionate 
> offering of employment opportunities to the less fortunate, while 
> their colleagues are offering real wages to workers with 
> disabilities.  The practice of executives paying themselves six-figure 
> salaries, while profiting on the backs of individuals with 
> disabilities they choose to pay pennies per hour, is immoral.
>
> Therefore, our claim that Goodwill International supports the use of 
> an unfair, discriminatory, and immoral provision that allows them to 
> pay their workers with disabilities less than the federal minimum wage 
> is 100 percent true.
>
> Thankfully, more and more Goodwills across the country are making the 
> decision to transition to business models that do not use the special 
> “subminimum” wage certificates as a result of our public awareness and 
> advocacy efforts. If the Goodwill affiliates in the Macon and Savannah 
> regions are truly converting to this proven model, they should just 
> surrender the special wage certificates and discontinue the use of 
> subminimum wages like their sister affiliates in the Atlanta and 
> Columbus regions. However, as long as it is legal, there will be those 
> that choose to exploit this provision.
>
> The Fair Wages for Workers with Disabilities Act of 2013, HR 831, will 
> end this exploitation by responsibly phasing out and eventually 
> repealing Section 14(c) of the Fair Labor Standards Act. As a result, 
> individuals with the most significant disabilities will no longer be 
> trapped in segregated subminimum wage workshops. Entities will have 
> three years to transition to a proven competitive integrated training 
> and employment business model that assists individuals with 
> significant disabilities in obtaining real jobs at real wages. The 
> Goodwill affiliates opposing the adoption of this proven model only 
> demonstrate their lack of expertise in the field of employment of 
> people with disabilities, their inability to be competitive with 
> similarly situated organizations, and their unwillingness to truly 
> meet the true calling of their charitable status. Regardless of 
> whether or not PolitiFact Georgia feels our claims are half true, 
> Section 14(c) is 100 percent wrong.
>
>
>
>
>
> Mr. Anil Lewis, M.P.A.
>
> Director of Advocacy and Policy
>
>
>
> “Eliminating Subminimum Wages for People with Disabilities”
>
> http://www.nfb.org/fairwages
>
> NATIONAL FEDERATION OF THE BLIND
>
> 200 East Wells Street at Jernigan Place
>
> Baltimore, Maryland   21230
>
> (410) 659-9314 ext. 2374 (Voice)
>
> (410) 685-5653 (FAX)
>
> Email: alewis at nfb.org
>
> Web: www.nfb.org
>
> Twitter: @anillife
>
>
>
> The National Federation of the Blind needs your support to ensure 
> blind children get an equal education; to connect blind veterans with 
> the training and services they need; and to help seniors who are 
> losing vision continue to live independent and fulfilling lives. To 
> make a donation, please go to www.nfb.org.
>
>
>
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