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[Richard Payne]

Disability Rights Ohio and Advocates Say Court Ruling Affirms Decision
Awarding Back Pay and Liquidated Damages to Individuals Unlawfully Paid Less
Than Minimum Wage
Industry News <https://weeklyreviewer.com/all-news/industry-news/> Political
news <https://weeklyreviewer.com/all-news/politics/> 
ByWorld Reviewer Staff <https://weeklyreviewer.com/author/user/> 
Modified date: January 13, 2024 11:38pm EST
Court's action supports the rights of individuals working in non-integrated
work environments are protected, including minimum wage
COLUMBUS, Ohio, January 12th, 2024 /PRNewswire-PRWeb/ - In a ruling handed
down last week by the United States District Court for the Northern District
of Ohio (Seneca Re-Ad Industries, Inc. v. Secretary of the Department of
Labor et al., 3:20-cv-02325-JJH), the Court upheld a 2016 decision from the
United States Department of Labor that found three individuals employed by
Seneca Re-Ad Industries, Inc. are not disabled for the work they perform and
cannot be paid less than minimum wage. The Court affirmed the Department's
award of back pay and liquidated damages to Pamela Steward, Ralph "Joe"
Magers, and Mark Felton. Ms. Steward, Mr. Magers, and Mr. Felton were
represented by attorneys from Disability Rights Ohio
<https://c212.net/c/link/?t=0&l=en&o=4066800-1&h=1100467062&u=https%3A%2F%2F
www.disabilityrightsohio.org%2F&a=Disability+Rights+Ohio>  and Brown,
Goldstein & Levy
<https://c212.net/c/link/?t=0&l=en&o=4066800-1&h=619305733&u=https%3A%2F%2Fb
rowngold.com%2F&a=Brown%2C+Goldstein+%26+Levy> , LLP.
This court action is a clear victory for those working to reverse subminimum
wage, and affirms our belief that having a disability does not make one
unworthy of fair pay.
Seneca Re-Ad Industries, Inc. operates a sheltered workshop in Seneca
County, Ohio that is overseen by the Seneca County Board of Developmental
Disabilities and that performs work for Roppe Corporation, an international
flooring company.
"This court action is a clear victory for those working to reverse
subminimum wage, and affirms our belief that having a disability does not
make one unworthy of fair pay," said Kerstin Sjoberg, DRO executive
director.
In November 2015, with the support of the National Federation of the Blind
<https://c212.net/c/link/?t=0&l=en&o=4066800-1&h=3651751435&u=https%3A%2F%2F
nfb.org%2F&a=National+Federation+of+the+Blind> , Ms. Steward, Mr. Magers,
and Mr. Felton filed a petition with the Department of Labor challenging
their receipt of subminimum wages. In a precedent-setting decision, the
Department of Labor explained that employers cannot rely on a provision in
the Fair Labor Standards Act that allows individuals with disabilities to be
paid less than the minimum wage without clear evidence that an individual's
disability impacts his or her productivity.
"The National Federation of the Blind has fought the payment of subminimum
wages to the blind and other workers with disabilities since our founding,"
said Mark Riccobono, President of the National Federation of the Blind.
"Now, after nearly a decade of litigation, a federal court has affirmed, for
the first time, that disability by itself cannot be used to demonstrate
lower productivity even under the terms of Section 14(c) of the Fair Labor
Standards Act. This ruling points to the truth that we have always known:
the subminimum wage exemption is simply a manifestation of society's low
expectations and false assumptions regarding the capacity of workers with
disabilities. We applaud the court for recognizing this truth as it applies
to the courageous workers who took their case to the Department of Labor,
but we will not rest until no blind or disabled worker can be victimized by
this antiquated, discriminatory, and immoral practice."
In addition to affirming that decision, the Court rejected Seneca Re-Ad's
argument that the Administrative Law Judge who ruled on Ms. Steward's, Mr.
Magers's, and Mr. Felton's petition was not properly appointed under the
U.S. Constitution.
"Eight years ago, a Department of Labor Administrative Law Judge affirmed
what Pamela Steward, Joe Magers, and Mark Felton have known all along: that
they are not disabled for the work they perform at Seneca Re-Ad, and that
they cannot be paid less than the minimum wage," said Kevin Docherty, a
partner at Brown, Goldstein & Levy. "The Court's ruling, upholding the
Department of Labor's landmark decision, is an important step forward in the
fight to curtail payment of subminimum wages to individuals with
disabilities."
About Disability Rights Ohio
Disability Rights Ohio is the federally and state designated Protection and
Advocacy System and Client Assistance Program for the state of Ohio. The
mission of Disability Rights Ohio is to advocate for the human, civil and
legal rights of people with disabilities in Ohio. Disability Rights Ohio
provides legal advocacy and rights protection to a wide range of people with
disabilities. Find more information at www.disabilityrightsohio.org
<https://c212.net/c/link/?t=0&l=en&o=4066800-1&h=3258130010&u=http%3A%2F%2Fw
ww.disabilityrightsohio.org%2F&a=www.disabilityrightsohio.org> . Follow
Disability Rights Ohio on Facebook
<https://c212.net/c/link/?t=0&l=en&o=4066800-1&h=159837647&u=https%3A%2F%2Fw
ww.facebook.com%2FDisabilityRightsOhio&a=Facebook+> and X
<https://c212.net/c/link/?t=0&l=en&o=4066800-1&h=998166827&u=https%3A%2F%2Ft
witter.com%2FDisabilityRtsOH&a=X> .
About the National Federation of the Blind
The National Federation of the Blind (NFB), headquartered in Baltimore,
defends the rights of blind people of all ages and provides information and
support to families with blind children, older Americans who are losing
vision, and more. Founded in 1940, the NFB is the transformative membership
and advocacy organization of blind Americans with affiliates, chapters, and
divisions in the fifty states, Washington DC, and Puerto Rico. We believe in
the hopes and dreams of blind people and work together to transform them
into reality. Learn more about our many programs and initiatives at
<https://c212.net/c/link/?t=0&l=en&o=4066800-1&h=708406044&u=https%3A%2F%2Fn
fb.org%2F&a=+> nfb.org
<https://c212.net/c/link/?t=0&l=en&o=4066800-1&h=1905424761&u=https%3A%2F%2F
nfb.org%2F&a=nfb.org> .
Media Contact
Liz Lane, Team Fleisher Communications, 1 6145586666, Liz at Teamfleisher.com
<mailto:Liz at Teamfleisher.com> , https://teamfleisher.com
<https://teamfleisher.com/> 
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es-say-court-ruling-affirms-decision-awarding-back-pay-and-liquidated-damage
s-to-individuals-unlawfully-paid-less-than-minimum-wage-302033261.html
SOURCE Disability Rights Ohio


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Richard Payne,  President
National Federation of the Blind of Ohio
937/829/3368
Rchpay7 at gmail.com <mailto:Rchpay7 at gmail.com> 
The National Federation of the Blind knows that blindness is not the
characteristic that defines you or your future. Every day we raise the
expectations of blind people, because low expectations create obstacles
between blind people and our dreams. You can live the life you want;
blindness is not what holds you back.


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