[NFBMT] Sub-Minimum Wage Employers Pushing Back

[d m gina]

It seems to me with the repeat over and over, they have no desire to 
change anything,
plus there is never anything mentioned on behalf of the blind good or bad.
Maybe I am reading something wrong.
As though we are put in a corner, and what ever you do, don't mention blind.

Original message:
> 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

> 2

> 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

> 301899734 v1 May 8, 2018

> 398

> 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%.



> 2

> 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)

> 3

> 1252

> 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)

> 4

> 1476

> 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)

> 5

> 1676

> 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

> 6



> Jim Marks

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

> (406) 438-1421
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