Employment
Sheltered Work Policy Brief
The Fair Labor Standards Act (FLSA), section 14(c), is a federal law passed in 1938 which “authorizes employers, after receiving a certificate from the Wage and Hour Division, to pay subminimum wages – wages less than the Federal minimum wage – to workers who have disabilities for the work being performed”5. This act provides a way for employers to obtain government certification to pay employees with disabilities below minimum wage, based on disabilities that “may affect productive capacity” which include: “blindness, mental illness, developmental disabilities, cerebral palsy, alcoholism and drug addiction”4. This policy is only supposed to be applied when a person’s disability impairs the work the individual would be doing for their employer.
The State of Utah has permitted employers the use of section 14(c) certificates through Utah Code Title 34 Chapter 40 Part 104 Section 104 (2)(a) which reads, “Persons with a disability whose earnings or productive capacities are impaired by age, physical or mental deficiencies, or injury may be employed at wages that are lower than the minimum wage, provided the wage is related to the employee's productivity”7. There are currently four total disability service providers in Utah who have been issued section 14(c) certificates, affecting almost 300 employees with disabilities5. While this number has seen a marked decrease over the years, we continue to advocate for all employees with disabilities to have the same rights as employees without disabilities.
Resources
Employability Clinic
Our dedicated team of professionals is committed to helping adults with disabilities find and maintain meaningful, long-term employment. We work closely with each individual to identify opportunities that align with their strengths, interests, and availability—ensuring every job is a good fit and a step toward independence.
Center for Employment and Inclusion (CEI)
The Center for Employment and Inclusion (CEI) is committed to empowering professionals with high-quality training and support that fosters successful outcomes and equal opportunity. The CEI conducts and utilizes current research to develop training, guidance, and progress monitoring for disability service providers. Explore our selection of interactive courses, webinars, and support tools designed to build essential skills, share best practices, and promote integrated employment opportunities for people with disabilities.