Biden Department of Labor considering an end to disabled subminimum wage employment

[Jwheel86]

Yes, this still exists. 

 

Opinion | The Labor Department looks to fulfill Biden's promise to disabled workers

WWW.MSNBC.COM

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In 2020, Joe Biden and all the major Democratic presidential candidates said they’d end subminimum wage labor for people with disabilities.

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But one group has not reaped the benefits of labor’s growing power: workers with disabilities. Despite many strides for people with disabilities, in what is an incredibly degrading relic from the pre-World War II era, the United States still allows employers to pay people with disabilities below the minimum wage. A February report from the Government Accountability Office found that employers who’ve gotten a certificate from the Department of Labor to pay people with disabilities these pittance wages employ about 120,000 such workers. Half earned an absolute pittance, less than $3.50 an hour. Finally, the Department of Labor is taking a step to end the practice.

 

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As the shockingly low pay these workers get indicates, the policy practice is exploitative. The February GAO report found that “almost all 14(c) workers had an intellectual or developmental disability, and most were White and of prime working age (25 to 54 years old0.” According to that report, “employers reported few 14(c) workers engaged in competitive employment — which includes earning at least minimum wage in a work setting with individuals without disabilities.”

 

A 2020 report from the U.S. Commission on Civil Rights found “Persistent failures in regulation and oversight” of employers by the Department of Labor and the Department of Justice. The report says “Section 14(c) may … raise legal issues under Title I of the 1990 Americans with Disabilities Act (ADA), which was intended to ensure wide-reaching and comprehensive civil rights protections for individuals with disabilities. Categorically, under Section 14(c), people with disabilities being paid a subminimum wage are not granted the same protections, nor are they offered the same opportunities that are available to people working at the minimum wage or above.” The report also notes that such workers are not allowed to unionize.

 

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But the push to end subminimum wage labor will likely face staunch opposition. The parents of many disabled workers support the places that have hired those workers, such as Goodwill, which has historically used 14(c) certificates and uses the term “special minimum wage” to avoid acknowledging that it pays people below minimum wage. Indeed, one of the dissenting commissioners in the Commission on Civil Rights report argued that getting rid of subminimum wage labor would cause people with disabilities to lose their jobs. 

 

Many of these arguments bear resemblance to the arguments that people have against raising the minimum wage in general. However, Vermont, the first state to get rid of subminimum wage labor, saw 80% of people who were previously paid less enter into competitive integrated employment. The other 20%, according to the National Council on Disability, went into a community support program.

 

Parent opposition, backed by lobbying, make this an EXTREMELY hot button issue in disability politics. I've been in meetings on this issue, they've gotten heated and I've seen how hard lobbying firms hit back if a disability rights org goes near this. A lot of the subminimum wage employers are basically segregated sweatshops that prey on family fears that their adult intellectually disabled child can't hold a community based job, despite Supported Employment being a pretty standard feature in disability support programs for those with intellectual disabilities. I've even heard them outright lie that making minimum wage would put their Medicaid eligibility at risk. 

[GeneticBlueprint]

41 minutes ago, Jwheel86 said:

Yes, this still exists. 

 

Opinion | The Labor Department looks to fulfill Biden's promise to disabled workers

WWW.MSNBC.COM

---

In 2020, Joe Biden and all the major Democratic presidential candidates said they’d end subminimum wage labor for people with disabilities.

 

 

 

Parent opposition, backed by lobbying, make this an EXTREMELY hot button issue in disability politics. I've been in meetings on this issue, they've gotten heated and I've seen how hard lobbying firms hit back if a disability rights org goes near this. A lot of the subminimum wage employers are basically segregated sweatshops that prey on family fears that their adult intellectually disabled child can't hold a community based job, despite Supported Employment being a pretty standard feature in disability support programs for those with intellectual disabilities. I've even heard them outright lie that making minimum wage would put their Medicaid eligibility at risk. 

Horrors beyond my wildest imagination WTF

[stepee]

I really appreciate these topics from @Jwheel86 because you don’t hear about this shit at ALL, and it’s heartbreaking, and important

[Jason]

1 hour ago, Jwheel86 said:

Parent opposition, backed by lobbying, make this an EXTREMELY hot button issue in disability politics. I've been in meetings on this issue, they've gotten heated and I've seen how hard lobbying firms hit back if a disability rights org goes near this. A lot of the subminimum wage employers are basically segregated sweatshops that prey on family fears that their adult intellectually disabled child can't hold a community based job, despite Supported Employment being a pretty standard feature in disability support programs for those with intellectual disabilities. I've even heard them outright lie that making minimum wage would put their Medicaid eligibility at risk. 

 

I was going to say that I know some of these positions are bordering on babysitting for the people on the severely mentally handicapped end of the spectrum and at the very least are probably a net-negative on productivity since you need to assign someone to buddy up with the mentally handicapped person, but I didn't realize there's already a program to account for that. Would not have realized that that consideration is being used to take advantage of handicapped people across the board.

[Jwheel86]

2 hours ago, Jason said:

 

I was going to say that I know some of these positions are bordering on babysitting for the people on the severely mentally handicapped end of the spectrum and at the very least are probably a net-negative on productivity since you need to assign someone to buddy up with the mentally handicapped person, but I didn't realize there's already a program to account for that. Would not have realized that that consideration is being used to take advantage of handicapped people across the board.

 

14(c)'s are still something I'm learning about but my understanding is these places receive additional subsidies from the government on top of the ability to pay subminimum. The feds cut off their portion of the subsidy years ago in favor of funding Competitive Integrated Employment, but allowed the States to continue subsidizing the sheltered workshops, which some states do. 

 

The biggest thing I hear from the parents is they don't care about the money, this gets their kid out of the house/group home/ICF instead of watching TV all day and creates stability through routine, and for some the task of putting items in a box or sorting recycling is enjoyable for them. The horror stories are endless though especially given the segregated nature of it, not to mention how like guardianship there seems to be an inappropriate pipeline into these places. Maybe it's because they're seen now as taboo but the sheltered workshops but the defensive and aggressive nature of their lobbying activities is very off putting.