The U.S. Department of Labor's (DOL) division of Wage and Hour (WHD) has issued supplemental information to clarify specific requirements of the Fair Labor Standards Act (FLSA) for employers authorized to pay sub-minimum wages to workers with disabilities, the DOL announced June 16.
The publication of the new guidance follows the investigation of alleged violations by a Columbus, Mont., working ranch and residential facility for individuals with intellectual and developmental disabilities, according to the DOL announcement.
The investigation found Special K Ranch violated Section 511 of the Rehabilitation Act of 1973, which requires employers to provide workers with information on when and how they qualify to be paid the full minimum wage, the statement reports. Investigators found 35 employees were illegally paid as little as $1.17 an hour.
Solicitor of Labor Seema Nanda said the DOL "will not tolerate wage theft" or an employer withholding required information and resources from workers with disabilities, the DOL reports.
“Special K Ranch’s alleged violations demonstrate a disregard for the law and disrespect for the dignity of workers," Nanda said in the report. "Let there be no misunderstanding, the department will take decisive action to protect the rights of workers employed under Section 14(c) of the Fair Labor Standards Act.”
The updated guidelines reconfirm the requirements that employers make sure workers have timely access to "critical resources and information designed to improve access to competitive integrated employment," Patricia Davidson, WHD deputy administrator, said in the statement.
“The Wage and Hour Division evaluates an employer’s compliance with the Section 511 requirements in every investigation it conducts of an employer that holds a subminimum wage certificate under the FLSA,” Davidson said. "This work protects the rights of workers with disabilities and ensures they receive the full federal minimum wage when it is owed.”
