In many states, including Minnesota, it is currently legal to pay people with disabilities less than minimum wage. This is through a certificate called 14(c) and is known as subminimum wage.
The Department of Labor (DOL) is a federal organization. They are in charge of giving businesses 14(c) certificates. They proposed that the United States should phase out the issuance of 14(c) certificates.
They have three main ideas on how to do this:
- Stop letting employers renew their existing 14(c) certificates. This means that when their certificate expires, they would no longer be able to pay people with disabilities less than minimum wage.
- Stop giving 14(c) certificates to employers who don’t already have them.
- Offer an extension for certain employers to keep paying people with disabilities less than minimum wage for longer.
Let’s break down why The Arc Minnesota believes 14(c) is harmful, address common concerns, and show you how to support this important change. This is a critical moment for wage equity and inclusion, and your support can make a difference.
Subminimum wage harms individuals, employers, and society
Subminimum wage doesn’t just affect people with disabilities, it’s harmful to everyone.
For People with Disabilities:
- Earning as little as $1 per hour, regardless of their skills.
- Stuck in low-paying, segregated roles instead of competitive jobs.
- Denied the pride and independence that come with fair wages.
For Employers:
- Relying on outdated practices from 1938.
- Missing out on dedicated, talented workers.
- Risking a poor public reputation for supporting subminimum wages.
For the Public:
- Wasted skills and potential.
- More dependence on public benefits.
- Reinforcing unfair treatment and discrimination.
Addressing Concerns About Ending 14(c) Certificates
Concern: “People with disabilities can’t work in competitive jobs.”
- Response: Many states have successfully transitioned away from 14(c), leading to higher employment rates and better outcomes. Support and training help people succeed.
Concern: “Ending 14(c) will hurt employers and nonprofits.”
- Response: Transition plans and technical assistance exist to help employers adjust without harming their operations.
Concern: “Workers with disabilities will lose their jobs.”
- Response: In states that ended 14(c), workers moved to integrated jobs with better pay and more hours.
Video: Dupree Edwards: Leading the Charge for Employment Equality and Disability Rights
Dupree Edwards is a powerful advocate for himself and others with intellectual and developmental disabilities. Dupree has had several jobs where he made at least minimum wage. Dupree serves as a peer mentor through The Arc Minnesota’s Peer-to-Peer mentor program, where he mentors others exploring employment opportunities by sharing his own job journey.
Dupree also serves on The Arc Minnesota’s board of directors, is on the Minnesota Governor’s Council on Disabilities, and works as a Community Program Specialist for the University of Minnesota’s Institute on Community Integration. Dupree is a strong advocate for ending the practice of paying people with disabilities less than minimum wage.
Click here to watch the video.
A Statement from the CEO of The Arc Minnesota
“We need to make sure the right supports and technical assistance are in place to phase out the 14(c) waiver. Fortunately, we already have proven blueprints. Over a dozen states have made this transition successfully, leading to higher employment rates, more hours worked, and increased wages. I understand the concerns some may have, but we have data, stories, and experiences that show those fears are unfounded. The time to move forward is now.”
— Naveh Eldar, CEO of The Arc Minnesota
The time to Act is Now! How to Support This Change
When changes like this are proposed, there are often chances to give feedback. This is called a public comment.
Please submit a comment to the Department of Labor. Let them know you want people with disabilities to make at least minimum wage. The more people who tell them they want subminimum wage to end, the more likely it will happen.
Click here for plain language information on this process from the Autistic Self Advocacy Network. It includes words to know, the history, an overview of the process, and other helpful information.
Ready to submit your comment? Click here for directions on how to submit your comment. This link also includes a template and suggestions for what to write.
All comments must be submitted by January 17, 2025.
Guided Public Comment Session
Want help writing your comment?
Join The Minnesota Coalition for Disability Wage Justice on January 10th from Noon-2pm for a guided Zoom session or join us in person at ACT to help you fill out the public comment form on the proposed rule to phase out 14(c) certificates. This rule would end subminimum wages for people with disabilities, and your input is vital to making fair wages a reality.
During this session, we’ll:
- Explain the importance of ending 14(c) certificates.
- Walk you through the comment submission process.
- Help you write and submit your comment.
- Answer any questions you have.
Whether you have a personal story to share or want to support wage equity, your comment can help drive change. Let’s work together to build a future where everyone is paid fairly for their work.