2023 State Legislative Watch
Last update: May 1, 2023
14(c)/subminimum wage legislation
Read APSE's white paper on the Trends and Current Status of 14(c).
Note: Prior to 2023, the following states 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)
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.
75% Progress (Passed in Both Chambers)
n/a
50% Progress (Passed in Originating Chamber)
n/a
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.
Minnesota - HF2513 / SF2669
A bill for an act relating to human services; prohibiting subminimum wages for persons with disabilities; modifying lead agency board and case manager responsibilities and training; establishing a statewide disability employment technical assistance center and lead agency employment first capacity building grants; modifying requirements for informed choice in employment policy; clarifying eligibility for Minnesota supplemental aid program; modifying use of data from the Minnesota Unemployment Insurance Law; establishing study; requiring report; appropriating money; amending Minnesota Statutes 2022, sections 177.24, by adding a subdivision; 252.44; 256B.092, subdivision 1a; 256B.49, subdivision 13; 256B.4905, subdivisions 4a, 5a; 256D.425, subdivision 1; 268.19, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 252; 256B.
New Hampshire – HB58
Prohibiting payment of subminimum wages.
New York – A4347 / 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.
Legislation Failed
Kentucky - H471 (Died in Committee)
Amend KRS 337.010 to change the definition of "employee", and add "worker with disability"; amend KRS 337.275 to require all employers pay all employees, including tipped employees, employees under 18 years old, and workers with a disability minimum wage, and increase minimum wage over the next three years, to $15 per hour by July 1, 2026; amend KRS 337.295 to remove learners, apprentices, workers with a disability, sheltered workshop employees, and students from regulations issued by the commissioner; amend KRS 154.22-040 to conform; establish short title.
West Virginia – HB3419 (Died in Committee)
Initiating a State "Employment First Policy" to facilitate integrated employment of disabled persons; providing legislative findings; establishing a taskforce to develop a State Employment First Policy; providing for implementation of the State Employment First Policy; and removing the exemption from paying minimum wages to disabled persons working in nonprofit workshops.
Employment First Legislation
100% Progress (Signed into Law)
n/a
75% Progress (Passed in Both Chambers)
n/a
50% Progress (Passed in Originating Chamber)
Missouri – HB971
Establishes provisions relating to competitive integrated employment for persons with disabilities
25% Progress (Introduced)
Arizona – SCR 1012
Employment first; disabilities
Arkansas – SB443
To create the Arkansas Employment First Act; to establish the Arkansas Office of Employment First; to establish the Employment First Advisory Committee; and to establish the Employment First Business Partner Program.
Massachusetts – H143 (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.
Other Legislation
100% Progress (Signed into Law)
n/a
75% Progress (Passed in Both Chambers)
n/a
50% Progress (Passed in Originating Chamber)
Kansas – HB2275 (Tax Credits)
Increasing the maximum amount of yearly income tax credits available for purchases under the disability employment act from qualified vendors, continuing in existence such credits beyond tax year 2023 of eligible purchases available for such credit and further defining qualifying vendors and employees eligible for the credit.
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.
Illinois - HB3569 (DSP Wages)
Amends the Mental Health and Developmental Disabilities Administrative Act. Provides that for community-based providers serving persons with intellectual or developmental disabilities, the rates taking effect for services delivered on or after January 1, 2024 shall be increased sufficiently to: (i) provide a minimum $4.00 per hour wage increase over the wages in for front-line personnel; and (ii) provide wages for all other residential non-executive direct care staff, excluding direct support personnel, at the U.S. Department of Labor's average wage as defined in by the Department of Human Services. Amends the Illinois Public Aid Code. Provides that for ID/DD facilities and MC/DD facilities, the rates taking effect for services delivered on or after January 1, 2024 shall be increased sufficiently to: (i) provide a minimum $4.00 per hour wage increase over the wages in for front-line personnel; and (ii) provide wages for all other residential non-executive direct care staff, excluding direct support personnel, at the U.S. Department of Labor's average wage as defined in rule by the Department of Healthcare and Family Services. Amends the Illinois Administrative Procedure Act. Grants the Departments of Human Services and Healthcare and Family Services emergency rulemaking authority. Effective immediately.
Illinois - SB339 (State Use)
Amends the Illinois Procurement Code. Changes the requirements that must be met by a not-for-profit agency for persons with significant disabilities in order for supplies or services to be procured from that agency without advertising or calling for bids. Deletes a provision that requires such an agency to be certified as a work center by the United States Department of Labor or to be an accredited vocational program that provides transition services to youth under a specified provision of the School Code. Requires such an agency to be either a disability-serving organization accredited by a nationally-recognized accrediting organization or a center for independent living. Effective immediately.
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 / S95 (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.
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.
New York – A6397 (State as Model Employer)
Relates to the promotion of employment of people with disabilities; establishes the task force to promote the employment by state agencies of people with disabilities.
North Carolina – SB578 (State as Model Employer)
State as a Model Employer/IDD
Legislation Failed
Mississippi – HB12 (Modernizing Language) – Died in Committee
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.
New Mexico HB355 (Transition) – Died in Committee
Making an appropriation to the Developmental Disabilities Supports Division of the Department of Health to contract with an organization that can provide workforce development services to people with developmental disabilities and develop pathways and support systems for students with transitional individualized education programs who are graduating from high school.
View Previous State Activity
2021 State Legislative Activites (Final Summary)
Employment First Resource List (last updated August 2021 by SELN)