State-Level Analysis of Subminimum Wage Use for Individuals With Disabilities in the United States: Implications for Policy and Practice

Author:

Avellone Lauren1ORCID,Taylor Joshua2ORCID,Wehman Paul1,Inge Katherine1,Brooke Valerie1

Affiliation:

1. Virginia Commonwealth University, Richmond, USA

2. The University of Maine, Orono, USA

Abstract

Despite considerable legislative and advocacy-based efforts to end subminimum wage practices, many Americans with disabilities are still paid below the federal minimum. Section 14(c) of the Fair Labor Standards Act allows employers holding certificates to pay less than minimum wage to individuals with disabilities whose work capacity or productivity is impaired due to disability. The majority of employers paying subminimum wages are facility-based programs also known as sheltered workshops. This work is usually performed in segregated settings away from the rest of the nation’s workforce. Subminimum wage practices continue despite clear evidence that even those with the most significant disabilities can be successfully employed in competitive integrated employment when supports are provided. The purpose of this study was to examine the continued use of subminimum wages in the United States and to identify whether there are any state-level characteristics or policies that predict their use. Descriptive analysis and linear regression were used in this investigation. Findings indicate that subminimum wage practices continue to be prevalent in most states, and most prominently in the Midwest region. Implications and recommendations for reducing subminimum wage pay for individuals with disabilities are provided.

Funder

National Institute on Disability, Independent Living, and Rehabilitation Research

Publisher

SAGE Publications

Subject

Public Health, Environmental and Occupational Health,General Health Professions,Social Psychology

Reference36 articles.

1. Americans With Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (1990). https://www.ada.gov/ada_intro.htm

2. Association of People Supporting Employment First. (n.d.). Lane v. Brown. https://oregonapse.org/lanevbrown/

3. Association of People Supporting Employment First. (2022, September 14). 2022 State legislative watch. https://apse.org/state-legislation/

4. Trends in the Educational Placement of Students With Intellectual Disability in the United States Over the Past 40 Years

5. Project SEARCH workshop to work: Participant reflections on the journey through career discovery

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