Standing in Opposition:
Fair Wages for All Workers
We express our profound disappointment and strong opposition to the Department of Labor's decision to withdraw the proposed rule aimed at phasing out the issuance of subminimum wage certificates under Section 14(c) of the Fair Labor Standards Act. This withdrawal represents a significant setback for the rights and economic independence of workers with disabilities, perpetuating an outdated and discriminatory practice.
The original proposed rule, published in December 2024, was a crucial step towards aligning federal labor policy with modern disability rights principles. It recognized that subminimum wages are no longer necessary to prevent the curtailment of employment opportunities for individuals with disabilities, citing significant advancements in legal protections, societal attitudes, and technological capabilities. Many states have already successfully moved to eliminate these subminimum wage provisions, demonstrating that competitive, integrated employment is not only feasible but beneficial for workers with disabilities and the broader economy.
The Department's stated reasons for the withdrawal, including concerns about statutory authority and the volume of public comments, do not outweigh the fundamental human and civil rights of individuals with disabilities to earn a fair wage for their work. Continuing to allow subminimum wages reinforces the harmful stereotype that individuals with disabilities are inherently less capable and deserving of equitable pay. This practice can lead to segregation, poverty, and limited opportunities for growth and inclusion within the workforce.
We believe that every worker, regardless of disability, deserves to be paid at least the federal minimum wage. The withdrawal of this proposed rule undermines the dignity of work for tens of thousands of individuals with disabilities and delays progress towards a truly inclusive and equitable society. We urge a reconsideration of this decision and call upon Congress to take swift legislative action to eliminate Section 14(c) once and for all, ensuring that all workers are afforded fair pay and full integration into the competitive labor market.
For further details on the proposed rule and its withdrawal, you can refer to the following sources: