Workforce Reinvestment Act Reauthorization Includes New Wording on Sub-Minimum Wage

According to a statement released by Senator Tom Harkin, new negotiations to Section 511 of the reauthorization of the Workforce Investment Act have been completed and will now go before both houses of Congress for approval. The bill attempts to change the fact that currently many students with disabilities leave high school and are referred directly to sheltered workshop environments at sub-minimum wages.



An earlier proposal of this bill contained provisions that divided disability advocates. Originally, the legislation proposed establishing first-ever requirements that must be met before individuals with disabilities could be allowed to work for less than the federal minimum wage. Those with disabilities could be placed in such jobs only if they meet certain age-related requirements and while receiving job training services to prepare them for competitive employment.



But this approach also caused many disability rights leaders to oppose the bill. Some advocates pointed out that the proposal could have the unintended effect of legitimizing and even trapping people with disabilities in segregated workshops once a checklist is met.



The current proposal mandates that state vocational rehabilitation agencies work with schools to provide “pre-employment transition services” to all students with disabilities and such agencies would be required to devote at least 15% of their federal funding to help young people transition from school to work. VR programs will be required to “provide the individual with the opportunity to try different employment experiences, including supported employment, and the opportunity to become employed uncompetitive integrated employment."



However, the proposal still does not eliminate sub-minimum wage as an outcome for those under the age of 24. Like the original proposal, it continues to first require a variety of steps before sub-minimum wage is provided, including the above-referenced pre-employment transition services; the individual has been working toward an employment goal without success; and has been referred to other resources for integrated, non sub-minimum wage employment.



Also, it provides a blanket exception to agencies running workshops or paying individuals with disabilities under a current and valid certificate with the US Dept. of Labor (known as a 14c certificate).



However, the Act does specifically state that its wording should not be "construed to preference employment compensated at a sub-minimum wage as an acceptable vocational rehabilitation strategy or successful employment outcome." It is expected that advocates wishing to see the complete phase-out of sub-minimum wage will not be satisfied, although the bill does add roadblocks to the current process of providing individuals with work at less than minimum wage.

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