[NFBMT] Sub-Minimum Wage Employers Pushing Back

Tue Jun 5 16:37:54 UTC 2018

FYI, here is a letter from sub-minimum wage employers to the US Department
of Labor.  They want to preserve the part of the federal labor law that lets
employers hire people with disabilities for non-competitive, non-integrated
employment.

2018.05.21 Letter to DOL from Sheltered Workshops.pdf

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The Honorable Alexander R. Acosta Secretary 

U.S.

Department of Labor 200 Constitution Avenue, N.W. Washington, D.C. 20210 

May 21, 2018 

Dear Secretary Acosta: 

We are writing about the critically important issue of preserving employment
and job training opportunities for hundreds of thousands of Americans with

intellectual and developmental disabilities. For over 80 years, Section
14(c) of the Fair Labor Standards Act has played an essential role in
providing

employment and training opportunities to men and women with intellectual and
developmental disabilities. 

Section 14(c) permits employers to receive a certificate from the Department
of Labor allowing them to pay individuals with disabilities a specialized

wage based on the individual’s ability to perform the job. Thus, Section
14(c) strikes an important balance. It encourages employers to hire
individuals

with significant intellectual and developmental disabilities, while
preventing discrimination and abuse by requiring the employer to pay the
individual

a wage commensurate to the prevailing wage for the job, taking into account
that individual’s abilities. The specialized wage must conform to the
Department’s

regulations, be reviewed regularly by the employer, and adjusted as the
individual’s ability to perform the job changes. 

Thousands of individuals across the country are currently employed under
Section 14(c). Many are employed by work centers specifically designed to
provide

these men and women with experience and an employment path that will enable
them to obtain competitive integrated employment. Many work centers are
not-for-profit

entities whose sole purpose is to serve individuals with developmental
disabilities. The elimination of Section 14(c) would cause many of these
work centers

to close because they cannot afford to pay the men and women they serve the
minimum wage. Those advocating the repeal of Section 14(c) seem to believe

that the individuals served by these work centers would simply find
competitive integrated employment to replace their work at the work centers.
However,

these advocates provide no empirical evidence supporting this assertion. 

Unemployment among individuals with intellectual and developmental
disabilities is extremely high. Only 20 percent of individuals with
disabilities participate

in the labor force. The percentage is even lower for those with intellectual
and developmental disabilities. This is a very diverse population with a
wide

range of abilities. Many have medical or behavioral 

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challenges that preclude competitive integrated employment. For many men and
women with intellectual and developmental disabilities, employment is not

about the money they earn. Rather, they prefer the feeling of safety, the
opportunity to work alongside friends, the atmosphere of kindness and
understanding,

freedom from being teased or picked on, assistance with personal needs upon
request, supervised administration of medications and the wonderful sense of

self-worth provided by a quality work center. There is no “one size fits
all” solution when it comes to employment of individuals with intellectual
and

developmental disabilities. 

For the men and women who choose and are fortunate to have competitive,
integrated employment, such employment is typically for 20 hours or less a
week.

Many are employed during the rest of their week at work centers at a
specialized wage continuing to receive experience that will enhance their
skills and

enable them to expand their opportunities for competitive integrated
employment. If work centers close because they can no longer pay a
specialized wage,

how will individuals with intellectual and developmental disabilities spend
their time? Instead of the experience they gain at work centers, they will

be at home watching TV, shopping at the mall, or going to the movies. Rather
than helping individuals with intellectual and developmental disabilities,

the elimination of Section 14(c) would cause them serious harm. 

No comprehensive study has been done to show that the elimination of Section
14(c) will improve the lives of the men and women with intellectual and
developmental

disabilities. A preliminary analysis of the few states that have prohibited
specialized wages or closed work centers indicates that these initiatives
have

caused more harm than good to this population. One article noted that: “Over
the past ten years, several states have either closed or placed significant

limits on the use of sheltered workshops, but none of these states have done
an adequate job of ascertaining whether these actions actually enhanced the

quality of life for the individuals affected.” Spreat, Challenges of
Employment First, Social Improvement Journal, 23 March 2017, p. 3 (emphasis
added).

Spreat found that the reduced time spent in work centers: 

was not replaced with a corollary increase in the use of more integrated
forms of employment. The more integrated forms of employment remained
relatively

stable over the 15 years. So where did the individuals working in sheltered
workshops go? Interviews with persons in the Oklahoma system indicated that

these individuals were essentially unemployed, engaging in made-up day
activities. Staff in Oklahoma homes pejoratively refer to this process as
option

quest, indicating that there was a daily quest to find an option that would
occupy each unemployed individual. An additional troubling finding of the
study

was that, not only had a large number of individuals apparently fallen into
unemployment, the number of hours worked by this sample fell by almost 50%.

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886

Id. (emphasis added). 

Clearly, a longstanding and successful federal policy which in the last 80
years has resulted in employment and job training for millions of men and
women

with intellectual and developmental disabilities should not be discontinued
without compelling fact-based evidence that such a step would actually
improve

the lives of these individuals. 

Those advocating the elimination of Section 14(c) point to instances where
employers have misused the section and have violated the Department of
Labor’s

regulations. The answer to such abuses is to strictly enforce Section 14(c)
and prosecute the violators, not to eliminate the section. The undersigned

organizations abhor any abuse of Section 14(c) or individuals with
intellectual and developmental disabilities. 

As noted above, the elimination of Section 14(c) would result in the closing
of many work centers across the country. Many individuals with intellectual

and developmental disabilities prefer to spend their days in such centers
with their peers for the reasons stated above. Like every other citizen, the

choices of individuals with intellectual and developmental disabilities
should be honored. Those of us who are not disabled get to choose how and
where

to spend our days. This same right should be preserved for the men and women
who are developmentally disabled. Eliminating Section 14(c) would eliminate

one option that over the years millions of men and women have chosen and are
satisfied with. Those who prefer competitive integrated employment should

have that opportunity. Those who prefer work centers should be equally
respected. 

We look forward to a continuing dialogue with you on this important issue.
Correspondence can be addressed to Scott Mendel at scott.mendel at klgates.com

or by mail to Scott Mendel, Chairman, Together for Choice, 2825 Knollwood
Lane, Glenview, IL 60025. 

Sincerely, 

Together for Choice (NV) VOR (IL) EASI Foundation: Ending Aggression and
Self-Injury in the Developmentally Disabled (PA) Advocates for Community
Choice

(MO) Special Moms Network LLC (NY) Casa de Amma (CA) Point Rider (TX)
Camping Unlimited for the Developmentally Disabled (CA) Homes for Life
Foundation

(DE) Elevare Community (CA) 

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Benjamin’s Hope (MI) Noah Homes (CA) Kansas Neurological Institute (KNI)
Parent Guardian Group (KS) Keeping Individuals with Intellectual
Disabilities

Safe (KIIDS) (PA) The DD News Blog (MI) Osprey Village (SC) Blue Spruce
Community (CO) Opportunity Village (NV) The Arc Jacksonville (FL) 29 Acres
(TX)

Marbridge Foundation (TX) Live Oak Living Community (TX) Ohio Coalition for
Person-Centered Planning (OH) Misericordia Home (IL) Good Shepherd Manor
(IL)

Families & Friends of Care Facility Residents (FF-CFR) (AR) Murray Parents’
Association (IL) Eternity Enterprises and Consulting (VA) Vanguard Landing

(VA) The Southbury Training School Foundation (CT) The Home and School
Association of Southbury Training School (CT) 

MARC (TX) Daymark Living (TX) My Possibilities (TX) My Home My Life (TX)
Living Unlimited (PA) Admiralty Group Coalition for Community Choice (MD)
The

Baddour Center (MS) MARC, Inc. (NC) Hearts ‘n’ Hands Work Enrichment (CO)
Webster Enterprises (NC) Polk Vocational Services (NC) Industrial
Opportunities,

Inc. (NC) Haywood Vocational Opportunities (NC) Transylvania Vocational
Services (NC) Beaufort County Developmental Ctr. (NC) Johnston County
Industries

(NC) Foothills Industries (NC) Ashe County ADAP (NC) 

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Watauga Opportunities, Inc. (NC) SpArc Philadelphia (PA) San Gabriel Valley
Training Center (CA) Park Lawn Assoc. (IL) Keystone Community Resources (PA)

Keystone Independent Living (PA) A Team Nevada (NV) Trinity Services, Inc.
(IL) Challenge Unlimited, Inc. (IL) Association for Individuals with
Intellectual

Disabilities (NJ) Green Brook Regional Center Family and Friends Assoc. (NJ)
Little City Foundation (IL) Bridges Rehabilitation Services (OH) ELIM
Christian

Services (IL) Sertoma Centre, Inc. (IL) Annendale Village (GA) College
Living Experience (TX) Independent Living Experience (TX) Kristin Farmer
Autism

Center (TX) Hope Village (TX) Abilities Unlimited of Hot Springs, AR (AR)
Handi-Crafters, Inc. (PA) Mount Saint Joseph Assoc. (IL) MARVA Workshop,
Inc.

(AR) Disability Service Provider Network (WI) Mission Independence
Brightstone (TN) Polk County Developmental Center (AR) Noah’s Ark of Central
Florida

(FL) Lambs Farm (IL) UCP Nevada (NV) Stepping Stone (AR) Black Hills A Team
(SD) St. Louis Life (MO) Pathfinder Village (NY) Brookwood Community (TX)
Eisenhower

Center (WI) Kandu Ind. (WI) 

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Northwoods, Inc. (WI) Chippewa River Ind. (WI) Reach Inc. (WI) Threshold
(WI) New Hope Center (WI) Lakeside Packaging Plus (WI) RCS Empowers Inc.
(WI)

Valley Packaging Ind. (WI) VARC, Inc. (WI) Triform Camphill Community (NY)
Promise in Brevard (FL) A Team South Dakota (SD) Opportunities, Inc. (WI)
Aptiv

(WI) Abilities Unlimited of Magnolia, AR (AR) Pantheon Industries (WI)
Opportunity Center (WI) 

cc. 

Patrick M. Mannix, Senior Advisor, DOL-ODEP Jennifer Sheehy, Deputy
Assistant Secretary, DOL-ODEP Katherine Brunett McGuire, Assistant Secretary
-Congressional

and Intergovernmental 

Affairs 

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Jim Marks

Blind.grizzly at gmail.com <mailto:Blind.grizzly at gmail.com> 

(406) 438-1421