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this post was submitted on 26 Aug 2023
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Thanks! I hate it!
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14(c) of FLSA will never be a simple conversation. It’s also often taken out of context. You can’t just hire someone and pay them subminimum wage for a regular job. I could rant for a long time about this, if anyone cares, feel free to ask
Personally i think the solution is government programs for people with disabilities where their wages are subsidized so that the government provides, for example $5 an hour, to the employer who provides a job for someone with a disability.
That way the employer benefits by saving a bit of money, and the employee benefits by having a higher chance to be hired, not being devalued by making less than minimum wage or their coworkers, and they make a decent wage (hopefully).
That’s generally how 14c facilities work though. They’re just not subsidized enough for livable wages.
First of all, learning disability is inaccurate. People with learning disabilities aren’t in 14c facilities.
People in 14c facilities are, typically (and not always, which is where ethical issues get really murky) people who cannot hold a “regular” job. For example, a typical example might be a person with Down syndrome with behavioral concerns. They may not have the physical stamina to have a job at a supermarket collecting carts. They may not respect social boundaries enough to work with customers (the Ds stereotype is someone who hugs strangers, for example).
So, this person we’re talking about has two choices. They either chill all day with staff doing activities or they go to a 14c facility where they get paid at a piece rate. That means if they assemble a widget, they may make a dollar. But if they decide they want to shoot the shit with people and not work, they may assemble one widget an hour and just chat for the rest of their time. In other words, they make $1 per hour. But there’s still consent on that individual’s part to be in that facility, as opposed to sitting home with staff and doing puzzles.
Of course, you might say there’s a better option than sitting at home doing puzzles with staff everyday, but then we’re talking about much more expensive services for that individual.
Edit: there are tax credits like you describe, by the way. But that’s in regular employment, not 14c facilities.