Congress Announces Intent to Reintroduce Legislation to Phase Out 14(c) Certificates
Late last week, APSE submitted letters of support to the House Education & the Workforce and Senate HELP Committees in support of the reintroduction of the Transformation to Competitive Integrated Employment Act (TCIEA).
The proposed bill will result in a thoughtful phasing out of subminimum wage, which remains a legacy of Section 14(c) of the Fair Labor Standards Act (FLSA, 1938). APSE has been advocating for this since 2009, and this policy priority was reaffirmed by our National Board of Directors in 2019 (see APSE’s Call to Phase out 14(c) and Subminimum Wage.)
To date, 13 states have eliminated the use of 14(c) certificates and payment of subminimum wages for people with disabilities (see APSE's White Paper on Trends and Current Status of 14(c)). If passed, the TCIEA will end this practice Federally, ensuring that ALL workers with disabilities have the right to earn at least the Federal minimum wage just like workers without disabilities. This is a necessary step in achieving the full intent of the Americans with Disabilities Act (ADA), which aims to advance economic self-sufficiency and ensure basic civil rights for people with disabilities. Furthermore, the Workforce Innovation and Opportunity Act (WIOA) of 2014 established competitive, integrated employment as a priority, ensuring that people with disabilities work in mainstream jobs alongside, and are paid comparable wages to co-workers without disabilities.
For the bill text of the Transformation to Competitive Integrated Employment Act, click HERE.
For a fact sheet on the Transformation to Competitive Integrated Employment Act, click HERE.
For a section-by-section summary of the Transformation to Competitive Integrated Employment Act, click HERE.