Disability Rights California applauds the proposed rule by the federal Department of Labor to phase out subminimum wage for people with disabilities. The proposed rule, announced on Tuesday with a Notice of Proposed Rulemaking (NPRM), would end the issuing of 14(c) certificates, which permit businesses to pay people with disabilities below the federal minimum wage of $7.25 an hour. If implemented, the proposal would phase out 14(c) certificates altogether over a 3-year period, ending subminimum wage nationwide.  

Some disabled people make less than $3.50 an hour in segregated workplaces. This practice is based on the discriminatory assumption that disabled people cannot contribute as much as their non-disabled counterparts. “We reject the idea that disabled people contribute less,” says Vivian Haun, Senior Policy Attorney. “It is exciting to see the Department of Labor affirm that disabled people deserve a fair wage too.”  

In 2021, Disability Rights California sponsored legislation to phase out subminimum wage in California. With the passage of SB 639 (Durazo), subminimum wage for Californians with disabilities will be fully phased out at the start of 2025. Several other states, including Texas, Maryland, and Tennessee, have ended or are in the process of ending 14(c) certificates.  

Ending subminimum wage has been a demand of the disability rights movement for decades. “We appreciate the bipartisan support for ending subminimum wage,” says Executive Director Andy Imparato. “Ending the economic exploitation of disabled people will help people avoid poverty and live meaningful, integrated lives.” 

Today’s action from the Department of Labor is a long overdue step towards ending this discriminatory practice. Disability Rights California hopes to see this proposed rule fully implemented and encourages the public to express support through public comment. To strengthen and ensure the permanency of this policy change, we also urge Congress to codify this proposal through the reauthorization of the Workforce Innovation and Opportunity Act. 

Disability Rights California (DRC) – Is the agency designated under federal law to protect and advocate for the rights of Californians with disabilities. The mission of drc is to defend, advance, and strengthen the rights and opportunities of people with disabilities. For more information visit: https://www.disabilityrightsca.org.