2022 State Legislative Watch

Last update: April 6, 2022

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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.

100% Progress (Signed into Law)

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*Washington – SB5763 (*WA has already passed legislation to eliminate 14c)

Eliminating subprevailing wage certificates for individuals with disabilities. Referred to Senate Committee on Labor, Commerce & Tribal Affairs.

75% Progress (Passed in Both Chambers)

Tennessee – SB2042

Removes the subminimum wage exception for an employee whose earning or productive capacity is impaired by age, physical, or mental deficiency or injury. Amends TCA Title 8 and Title 50. Referred to Senate Commerce and Labor Committee.

50% Progress (Passed in Originating Chamber)

South Carolina – S533

Prohibit The Use Of Section 14(c) Of The Fair Labor Standards Act Of 1938 To Pay Subminimum Wages To Individuals With Disabilities. Referred to Committee on Labor, Commerce and Industry.

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*Alaska – SB185 (*AK has already passed legislation to eliminate 14c)

An Act relating to exemptions from minimum wage. Referred to Senate Labor & Commerce Committee.

25% Progress (Introduced)

GeorgiaHR372

A RESOLUTION urging members of Georgia's Employment First Council to develop recommendations on how best to transition current use of sub-minimum wage practices to competitive integrated employment options for people with developmental disabilities; and for other purposes. Referred to Committee on Industry and Labor.

IllinoisSB1627

Amends the Illinois Procurement Code. Provides that any qualified not-for-profit agency for persons with significant disabilities entering into a contract with the State for supplies and services under specified provisions shall offer a minimum hourly wage to its employees that is set at or above the State minimum wage. Pending Committee Assignment.

KentuckySB131

AN ACT relating to sheltered employment. Amends KRS 337.010 to redefine "employee" to include workers in sheltered workshops whose employment begins on or after January 1, 2026; amends KRS 337.295 to require new administrative regulations concerning sheltered workshops and sheltered workshop employment; amends KRS 205.5605 to exclude referrals to sheltered employment from the definition of "covered services and supports" as of January 1, 2026. Referred to Senate Committee on Committees.

MinnesotaSF658

Subminimum wage elimination, task force creation, and wage statute and rules repeal. Referred to Senate Labor and Industry Policy Committee.

Minnesota – SF3408

Task force on Subminimum Wages membership and duties modification. Referred to State Government Finance and Policy and Elections.

New York – A3103 / S1828

Relates to the minimum wage for employees with disabilities. Referred to Assembly Labor Committee / Senate Labor Committee.

Rhode IslandS2242

Repeals § 28-12-9 of the general laws which provides that the director of labor and training may approve of wages below the minimum wage for those persons whose earning capacity is impaired due to physical or mental disability. Referred to Senate Labor.

VermontS0006

An act relating to repealing the Commissioner of Labor’s authority to recommend a subminimum wage for individuals with a disability.  Referred to Senate Economic Development, Housing and General Affairs Committee.

Virginia – HB676

Fair Labor Standards Act waiver; employees with disabilities. Referred to Committee on Commerce and Energy.

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*New Hampshire – HB1251

Prohibiting payment of subminimum wages (revision to existing legislation). Referred to House Committee Labor, Industrial and Rehabilitative Services. (*NH has already passed legislation to eliminate 14c.)

Died in Committee/Chamber

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Other Employment First legislation

100% Progress (Signed into Law)

Kentucky – SB104 (Acts Ch. 28)

Create new sections in KRS Chapter 151B to establish the Employment First Council; amend KRS 12.020 to conform. Referred to Committee on Committees.

New Jersey – A5294 (P.L.2021, c.465)

Provides fast track hiring and advancement employment opportunities by State for persons with significant disabilities.

New Jersey – A5296 (P.L.2021, c.466)

Provides for employment by State of certain persons with disabilities.

New Jersey – SB4210 (P.L.2021, c.424)

Requires EDA to establish loan program to assist certain businesses with funding to provide reasonable accommodations for employees with disabilities.

75% Progress (Passed in Both Chambers)

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50% Progress (Passed in Originating Chamber)

Kansas – HB2219

Enacting the Kansas targeted employment act to provide tax credits for the employment of persons with developmental disabilities. Referred to Senate Commerce Committee.

New York – A3960

Establishes a small business tax credit for the employment of disabled persons. Referred from the Senate back to the Assembly.

North Carolina – H756 

State as a Model Employer/IDD. Referred to Senate Committee on Rules and Operations.

South Carolina – H3244

Amend The Code Of Laws Of South Carolina, 1976, To Enact The "employment First Initiative Act" By Adding Chapter 5 To Title 41 So As To Provide Necessary Definitions, To Establish Policies Supportive Of Competitive And Integrated Employment Of Individuals With Disabilities, To Create Related Responsibilities For State Agencies And Political Subdivisions Of The State, To Create The "south Carolina Employment First Oversight Commission", And To Provide For The Composition, Function, And Duties Of The Commission. Conference Committee Appointed.

25% Progress (Introduced)

California – SHR8

Relative to Social Security Disability Insurance. Referral pending to Senate Human Services Committee. (NOTE – Declaration of support for Federal…)

Connecticut – SB376

To allow moneys invested in an individual ABLE account, contributions to an individual ABLE account and distributions for qualified disability expenses to be disregarded for the purposes of determining an individual's eligibility for assistance under the state-administered general assistance program. Pending assignment.

Hawaii – HR65 / HCR72

Requesting State And County Agencies To Implement Employment First Principles In Hiring Practices And All Programs And Services Administered Or Funded By The State And Counties, Including Programs And Services That Help Persons With Disabilities Obtain Employment. Referred to House Committee on Labor & Tourism.

Indiana – SB384

Medicaid buy-in program. Removes consideration of countable resources in determining an individual's eligibility for participation in the Medicaid buy-in program (program). Prohibits the office of the secretary of family and social services (office of the secretary) from considering resources and whether the individual participated in a specified program in determining the individual's eligibility or continuous eligibility for the program. Allows a recipient's participation in an employment network recognized by the federal Social Security Administration to qualify as participating with an approved provider of employment services. Changes minimum and maximum premiums that a recipient must pay and how the amount of premium is calculated for the program. Requires that the premium scale be promulgated by administrative rule. Allows the office of the secretary to annually review the premium amount that a recipient must pay in the program. (Current law requires annual review of the premium amount.) Specifies changes in circumstances that must result in an adjustment of the premium. Specifies that a recipient in the program is eligible for the same services as offered in the Medicaid program. States that an individual's participation in the program does not preclude the individual from participating in a Medicaid waiver program. Specifies that a recipient of the program may simultaneously participate in a Medicaid waiver program and requires the office of the secretary to individually determine eligibility for both programs based on the individual's medical need requirements. Referred to Committee on Health and Provider Services.

Kansas – HB2443

Providing an employment preference for persons with a disability for state government positions. Referred to Committee on Commerce, Labor and Economic Development.

Louisiana – HCR39

Requests a study and recommendations concerning barriers to hiring of direct support professionals who provide Medicaid-covered services to people with disabilities. Referred to Committee on Health & Welfare.

Massachusetts – HD198

An Act to promote employment for people with disabilities (State Use Act).

Massachusetts – HB216

An Act establishing the employability task force. Referred to the Joint Committee on Children, Families and Persons with Disabilities.

Massachusetts – HB3107/SB2021

An Act relative to the employment of persons with disabilities on state contracts. Referred to the committee on House Ways and Means.

Minnesota – HF2017

Advisory Task Force on State Employment and Retention of Employees with Disabilities recommendations adopted, and report required. Pending Referral to House State Government Finance & Elections Committee.

Minnesota – HF3447

Employment Choice First Task Force established, and report required. Referred to Labor, Industry, Veterans and Military Affairs Finance and Policy.

Nebraska – LB440

Change provisions of the Nebraska Fair Employment Practice Act. Referred to Business and Labor Committee

New Jersey – A1722

Establishes recruitment and referral program for certain individuals and extends certain provisions of law concerning affirmative action in public works contracts to workers with disabilities. Referred to Labor Committee.

New York – A3032

Relates to allowing for students in postsecondary education experience or transition program to receive awards from the tuition assistance program. Referred to Higher Education Committee.

New York – A3137

Establishes goals for participation by individuals with disabilities with respect to state employment, state contracts, legislative employment and judicial employment. Referred to Governmental Operations.

New York – A3137

Relates to establishing goals for participation by individuals with disabilities with respect to state employment, state contracts, legislative employment and judicial employment; establishes a goal of seven percent employment of individuals with disabilities within state agencies, the state legislature, unified court system and state contractors and subcontractors; defines terms. Referred to Governmental Operations.

New York – A3956

Increases the amount of income property owners may earn for the purpose of eligibility for the property tax exemption for persons over sixty-five years of age and persons with disabilities and limited income. Referred to Committee on Aging.

New York – A5439

Directs the department of civil service to conduct a study to determine the number of people with a disability employed by agencies. Referred to Governmental Employees.

New York – S1629

Relates to establishing goals for participation by individuals with disabilities with respect to state employment, state contracts, legislative employment and judicial employment; establishes a goal of seven percent employment of individuals with disabilities within state agencies, the state legislature, unified court system and state contractors and subcontractors; defines terms. Referred to Senate Disabilities Committee.

New York – S3458

Establishes a small business tax credit for the employment of disabled persons. Referred to Budget and Revenue Committee.

New York – S6113

Enacts the "integrated employment, economic development and safety net system for individuals with intellectual and developmental disabilities act." Referred to Transportation Committee.

New York – S7745

Authorizes school districts that provide transition services to allow the delivery of such transition services, including integrated employment, during school hours. Referred to Disabilities Committee.

New York – S7746

Directs the New York State Office for People with Developmental Disabilities to establish a voluntary training and certification program for employers that have taken the EmployAbility Pledge; appropriation. Referred to Finance Committee.

Died in Committee or Chamber

n/a

View Previous State Activity

2021 State Legislative Activites (Final Summary)

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