2023 State Legislative Watch

Last update: February 1, 2023

14(c)/subminimum wage legislation

Read APSE's white paper on the Trends and Current Status of 14(c).

Note: The following states have passed legislation to eliminate subminimum wages for people with disabilities: Alaska, Maine, Maryland, New Hampshire, Oregon, Washington, Hawaii, Colorado, California, Delaware, Tennessee, South Carolina & Rhode Island.

100% Progress (Signed into Law)

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75% Progress (Passed in Both Chambers)

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50% Progress (Passed in Originating Chamber)

Virginia – HB1924

Minimum wage; employees with disabilities. Provides that individuals with disabilities that are paid at subminimum wage pursuant to the federal Fair Labor Standards Act are employees for the purposes of the Virginia Minimum Wage Act. The bill requires every employer of such employees to pay such employees wages at a rate not less than (i) from July 1, 2023, until July 1, 2024, $9.50 per hour; (ii) from July 1, 2024, until July 1, 2025, $10.50 per hour; and (iii) from July 1, 2025, until July 1, 2026, $11.50 per hour. The bill requires that from and after July 1, 2026, every employer of such employees pay such employees at a rate equivalent to all other employees covered by the Virginia Minimum Wage Act.

25% Progress (Introduced)

Connecticut – HB6283

To prohibit employers from paying employees with intellectual disabilities less than the minimum wage when they are able to perform the tasks of their position.

New Hampshire – HB58

Prohibiting payment of subminimum wages.

New York – S3434

Eliminates provisions exempting employees with disabilities from the minimum wage law; provides that laws or minimum wage orders that authorize an employer to pay a wage that is less than the minimum wage are valid provided that under such laws or orders an employee with a disability is paid the same wage as an employee in a comparable position that does not have a disability.

Employment First Legislation

100% Progress (Signed into Law)

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75% Progress (Passed in Both Chambers)

n/a

50% Progress (Passed in Originating Chamber)

n/a

25% Progress (Introduced)

Arizona – SCR 1012

Employment first; disabilities

Massachusetts – HD3878

An Act to promote employment for people with disabilities

Minnesota – HF 383

Advisory Task Force on State Employment and Retention of Employees with Disabilities recommendations adopted, and report required.

Missouri – HB971

Establishes provisions relating to competitive integrated employment for persons with disabilities

Other Legislation

100% Progress (Signed into Law)

n/a

75% Progress (Passed in Both Chambers)

n/a

50% Progress (Passed in Originating Chamber)

n/a

25% Progress (Introduced)

California – AB339 (ABLE)

This bill would, commencing January 1, 2026, revise the definition of “eligible individual” under the Qualified ABLE Program by increasing the age limit for when an eligible individual’s blindness or disability occurred to 46 years of age to conform with federal ABLE Act. 

Indiana – HB1559 (Tax Credits)

Establishes a tax credit for an eligible taxpayer that employs certain individuals with a disability. Provides for calculation of the amount of the tax credit. Requires the taxpayer to submit information to the department of state revenue to claim the credit.

Massachusetts – HD1402 (Transition)

An Act to support the transition to adult services for persons with disabilities

Massachusetts – HD3286 (ESP/DSP Workforce)

An Act relative to rates for workers providing supports and services for individuals with disabilities

Massachusetts – HD3336 / SD978 (Modernizing Language)

An Act relative to individuals with intellectual or developmental disabilities

Minnesota – HF687 (Post Secondary)

Inclusive Higher Education Technical Assistance Center and inclusive higher education grant established, reports required, and money appropriated.

Minnesota – HF913 / SF993 (ESP/DSP Workforce)

Home and community-based workforce incentive fund grants established, awareness-building campaign for recruitment of direct care professionals established, and money appropriated.

Mississippi – HB12 (Modernizing Language)

An Act To Amend Sections 25-15-13, 37-13-91, 37-23-63, 41-4-18, 41-7-173, 41-7-191, 43-7-61 And 43-18-1, Mississippi Code Of 1972, To Modernize The Terminology That Is Used In State Statutes To Refer To Persons With An Intellectual Disability By Replacing The Term "Mentally Retarded" With "Intellectual Disability"; And For Related Purposes.

Nebraska – LB678 (Employment Discrimination)

Change provisions and definitions of the Nebraska Fair Employment Practice Act relating to disability

New York – A441 (State as Model Employer)

Relates to employment of persons and veterans with disabilities by the state; provides up to five thousand positions may be filled by persons with a physical or mental disability and up to two thousand positions may be filled by disabled veterans and veterans with disabilities.

View Previous State Activity

2021 State Legislative Activites (Final Summary)

Employment First Resource List (last updated August 2021 by SELN)