January 17, 2025
Jennifer Looman, Administrator
Wage and Hour Division
U.S. Department of Labor
200 Constitution Ave, N.W.
Washington, D.C. 20210
Re: WHD-2024-0001-0001
Comments on Employment of Workers with Disabilities under Section 14(c) of the Fair Labor Standards Act
Dear Administrator Looman,
The Partnership for Inclusive Disaster Strategies (The Partnership) appreciates the opportunity to submit comments to the Department of Labor (DOL) in regards to the proposed rule to phase out Section 14(c).
The Partnership is the only U.S. disability-led nonprofit organization with a focused mission on equity for people with disabilities and people with access and functional needs throughout all planning, programs, services, and procedures before, during, and after disasters and emergencies. We achieve our mission through disability-led disaster response and community resilience; community engagement, organizing, and leadership development; advocacy and systems change; training, technical assistance, and research; and unwavering support for local disability organizations.
The Partnership is a convener for local disability organizations, advocates, emergency managers, public health officials, federal, state/territorial and local government agencies, first responders, and allies across the country to address the urgent needs and systemic gaps and barriers people with disabilities encounter before, during, and after disasters and emergencies.
The Partnership for Inclusive Disaster Strategies strongly supports the Department of Labor’s proposed phaseout of Section 14(c). The reason that we strongly support the elimination of Fair Labor Standards Act (FLSA) Section 14(c) is that we are keenly aware of the connection between poverty and lack of ability to prepare for and survive disasters. Poverty and low wages directly undermine individual and community preparedness and resilience. When disabled people are confined to subminimum wages, we are unable to save funds or access necessary resources, increasing our risk of injury or death when disasters strike. Without the ability to save money disabled people will continue to be 2-4 times more likely to be injured or die during disasters.
The rule may have made sense when it was issued in 1938 during an era where disabled people had no civil rights protections in employment. Since this time, educational and vocational opportunities fueled by laws that promote employment of people with disabilities including the Individuals with Disabilities Education Act (IDEA), the Americans Disabilities Act (ADA), and the Rehabilitation, combined with a technology revolution and advances the way we think about disability and ableism, have opened the world for disabled people. Section 14(c) of the FLSA was enacted to advance and protect the disabled people, has had the opposite effect for decades. It is well beyond time to repeal it.
The social, legal, and technological landscapes have transformed since 1938, when this rule was introduced, a time when disabled people had no civil rights protections in employment. Since this time, educational and vocational opportunities fueled by laws that promote employment of people with disabilities including Federal laws such as the Individuals with Disabilities Education Act (IDEA), the Americans Disabilities Act (ADA), and the Rehabilitation combined with a technology revolution and advances the way we think about disability and ableism, have opened the world for disabled people. Despite the original intent of protecting disabled workers, Section 14(c) has perpetuated economic inequity, effectively denying many the chance to purchase needed items to prepare for disasters or accrue savings to be able to safely evacuate and begin recovering quicker.
Our organization’s work in inclusive disaster strategies constantly remind us that low-wage workers with disabilities face disproportionate impacts during disasters. Without at least a minimum of a living wage, we cannot afford basic preparedness supplies or emergency transportation, nor can we easily recover from the economic shocks of disasters. The phaseout of 14(c) will close a long-outdated loophole, ensuring that people with disabilities can earn fair wages, gain financial security, and better protect themselves before, during, and after disasters.
We appreciate the Department’s recognition that subminimum wages are no longer necessary. Eliminating 14(c) will align federal policy with modern disability rights protections and strengthen overall community resilience nationwide. We urge the Department to finalize this rule as quickly as possible.
Thank you for considering our comments.
The Partnership for Inclusive Disaster Strategies
Comments Supporting Subminimum Wage Phase-Out
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Posted: January 17, 2025 by admin
January 17, 2025
Jennifer Looman, Administrator
Wage and Hour Division
U.S. Department of Labor
200 Constitution Ave, N.W.
Washington, D.C. 20210
Re: WHD-2024-0001-0001
Comments on Employment of Workers with Disabilities under Section 14(c) of the Fair Labor Standards Act
Dear Administrator Looman,
The Partnership for Inclusive Disaster Strategies (The Partnership) appreciates the opportunity to submit comments to the Department of Labor (DOL) in regards to the proposed rule to phase out Section 14(c).
The Partnership is the only U.S. disability-led nonprofit organization with a focused mission on equity for people with disabilities and people with access and functional needs throughout all planning, programs, services, and procedures before, during, and after disasters and emergencies. We achieve our mission through disability-led disaster response and community resilience; community engagement, organizing, and leadership development; advocacy and systems change; training, technical assistance, and research; and unwavering support for local disability organizations.
The Partnership is a convener for local disability organizations, advocates, emergency managers, public health officials, federal, state/territorial and local government agencies, first responders, and allies across the country to address the urgent needs and systemic gaps and barriers people with disabilities encounter before, during, and after disasters and emergencies.
The Partnership for Inclusive Disaster Strategies strongly supports the Department of Labor’s proposed phaseout of Section 14(c). The reason that we strongly support the elimination of Fair Labor Standards Act (FLSA) Section 14(c) is that we are keenly aware of the connection between poverty and lack of ability to prepare for and survive disasters. Poverty and low wages directly undermine individual and community preparedness and resilience. When disabled people are confined to subminimum wages, we are unable to save funds or access necessary resources, increasing our risk of injury or death when disasters strike. Without the ability to save money disabled people will continue to be 2-4 times more likely to be injured or die during disasters.
The rule may have made sense when it was issued in 1938 during an era where disabled people had no civil rights protections in employment. Since this time, educational and vocational opportunities fueled by laws that promote employment of people with disabilities including the Individuals with Disabilities Education Act (IDEA), the Americans Disabilities Act (ADA), and the Rehabilitation, combined with a technology revolution and advances the way we think about disability and ableism, have opened the world for disabled people. Section 14(c) of the FLSA was enacted to advance and protect the disabled people, has had the opposite effect for decades. It is well beyond time to repeal it.
The social, legal, and technological landscapes have transformed since 1938, when this rule was introduced, a time when disabled people had no civil rights protections in employment. Since this time, educational and vocational opportunities fueled by laws that promote employment of people with disabilities including Federal laws such as the Individuals with Disabilities Education Act (IDEA), the Americans Disabilities Act (ADA), and the Rehabilitation combined with a technology revolution and advances the way we think about disability and ableism, have opened the world for disabled people. Despite the original intent of protecting disabled workers, Section 14(c) has perpetuated economic inequity, effectively denying many the chance to purchase needed items to prepare for disasters or accrue savings to be able to safely evacuate and begin recovering quicker.
Our organization’s work in inclusive disaster strategies constantly remind us that low-wage workers with disabilities face disproportionate impacts during disasters. Without at least a minimum of a living wage, we cannot afford basic preparedness supplies or emergency transportation, nor can we easily recover from the economic shocks of disasters. The phaseout of 14(c) will close a long-outdated loophole, ensuring that people with disabilities can earn fair wages, gain financial security, and better protect themselves before, during, and after disasters.
We appreciate the Department’s recognition that subminimum wages are no longer necessary. Eliminating 14(c) will align federal policy with modern disability rights protections and strengthen overall community resilience nationwide. We urge the Department to finalize this rule as quickly as possible.
Thank you for considering our comments.
The Partnership for Inclusive Disaster Strategies
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