The U.S. Department of Labor has recovered $52,497 in back wages for 134 workers with disabilities after an Amarillo nonprofit operator underpaid their wages. The nonprofit, Advo Companies Inc., provides rehabilitation and vocational training services to adults with developmental and physical disabilities. The Department's Wage and Hour Division found that the employer violated federal law by paying employees with disabilities an incorrect subminimum wage based on flawed time studies and incorrect prevailing wage rates.
"Evelyn Ortiz, Wage and Hour Division District Director in Albuquerque, New Mexico, stated, 'Employers must comply with federal regulations and pay workers with disabilities at the proper rate for all the hours they work.'"
The employer also failed to provide necessary services such as pre-employment transition services, vocational rehabilitation services for workers 24 and younger, career counseling services, and training opportunities as required by the Rehabilitation Act. This failure negated the employer's ability to pay the subminimum wage associated with its Fair Labor Standards Act's 14(c) certification.
Advo Companies Inc. has been offering services for adults with developmental and physical disabilities since 1991, including vocational training, adult day and rehabilitation services, and operating approximately 27 residential homes.
The Department of Labor encourages employers and employees to seek compliance assistance and report any violations. Workers and employers can contact the Wage and Hour Division confidentially at 1-866-4-US-WAGE (487-9243), regardless of immigration status. The division can provide assistance in more than 200 languages. Additionally, the agency has introduced a new Timesheet App available in English and Spanish for Android and Apple devices to ensure accurate recording of hours and pay.
