January 15, 2025
Jessica Looman
Administrator
Wage and Hour Division
United States Department of Labor
200 Constitution Avenue, NW
Washington, DC 20210
RE: Employment of Workers with Disabilities Under Section 14(c) of the Fair Labor Standards Act, RIN 1235-AA14
Dear Administrator Looman:
The National Federation of the Blind, the nation’s premier membership and advocacy organization of blind Americans, appreciates the opportunity to comment on the recently published notice of proposed rulemaking (NPRM) regarding the Employment of Workers with Disabilities Under Section 14(c) of the Fair Labor Standards Act. Since 1942, the National Federation of the Blind has been advocating against the payment of subminimum wages to disabled workers. For that reason, we applaud the Department of Labor (“Department”) for publishing a proposed rule that recognizes how outdated the practice of paying disabled workers subminimum wages has become.
To be frank, we have always felt that the payment of subminimum wages to disabled workers was a harmful and discriminatory practice that created unequal, segregated, and, in some cases, unsafe working conditions. We know that this practice was born out of low expectations for blind and disabled Americans. However, we also know that blindness is not the characteristic that defines us and that low expectations create obstacles between blind people and our dreams. We commend the Department for realizing how antiquated the provisions of Section 14(c) of the Fair Labor Standards Act are and publishing a proposed rule that will phase out those provisions over a three-year period.
In the NPRM the Department seeks comment regarding the proposed three-year phaseout. The National Federation of the Blind has, throughout the years, frequently advocated for a similar three-year phaseout. We believe three years is ample time for employers to develop a plan and transition their subminimum wage workers to at least the minimum wage. To that end, we do not believe that any extension periods beyond that three-year phaseout are necessary, and therefore, none should be granted.
In the NPRM, the Department also cited advisory reports from both the United States Commission on Civil Rights and the National Council on Disability regarding the practice of subminimum wage employment. As noted, both of these reports also called for a phase-out of subminimum wages for people with disabilities. It is also worth noting that both of these organizations first made their calls for a phase-out several years ago, further emphasizing that this NPRM is long overdue.
Finally, the NPRM seeks comment on whether the continued issuance of section 14(c) certificates is necessary to prevent curtailment of opportunities for employment of individuals with disabilities. To this query, we answer a resounding “no.” According to the American Community Survey, conducted annually by the United States Census Bureau, the percentage of disabled Americans who have full-time/full-year employment has been steadily increasing every year since 2011. In that same span of time twenty-one states, plus the District of Columbia and Puerto Rico, have either fully or partially eliminated the payment of subminimum wages for disabled employees. It is abundantly clear that 14(c) certificates are in no way necessary to prevent curtailment of employment opportunities for disabled workers.
The National Federation of the Blind once again thanks and applauds the Department of Labor for publishing the proposed rule, and we urge that the final rule be published as soon as possible. If you have any further questions, please do not hesitate to reach out.
Sincerely,
Mark A. Riccobono, President
National Federation of the Blind