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Kay Community Service Center was found to have violated federal laws, according to the Wage and Hour Division. | Google Maps

De Jesus: 'Kay Community Service Center failed to meet its legal requirements'

A central Georgia nonprofit serving the intellectually disabled was found to have failed to provide timely career counseling, information and referrals to three adult workers with developmental disabilities.

Peach Association for the Intellectual Disabled Inc., operating as Kay Community Service Center in Fort Valley, Ga., kept inaccurate pay records for the adult workers with developmental disabilities, according to a Dec. 5 news release. The nonprofit also misapplied a subminimum wage provision.

"With proper certification and within certain criteria, employers may pay subminimum wages to people with disabilities only if the employer provides career counseling every six months during the first year of employment,and annually in the years that follow," Wage and Hour Division District Director Wildali De Jesus said in the release. "Our investigation determined Kay Community Service Center failed to meet its legal requirements and owed three workers the full federal minimum wage, which became a costly lesson."

A DOL investigation found the three employees did not receive timely career counseling, information and referrals which is a violation of federal regulations. According to the release, the company has since paid $12,211 in back wages to the workers.

The Workforce Innovation and Opportunity Act allows employers may pay subminimum wages to workers with disabilities so long as the workers also receive resources and information, such as career counseling and referrals, the release reported.

The facility also did not maintain complete and accurate pay records, which is a Fair Labor Standards Act violation, according to the release.

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