Contact the experienced employment law attorneys at Maya Murphy, P.C. today at (203) 221-3100 or JMaya@Mayalaw.com.

The Fair Labor Standards Act (FLSA), is administered by the Wage and Hour Division of the Department of Labor.  The FLSA establishes standards for minimum wages, overtime pay, recordkeeping, and child labor. These standards affect more than 130 million workers, both full‑time and part‑time, in the private and public sectors. (29 USC §201 et seq.; 29 CFR Parts 510 to 794).

Under the FLSA, worker must be paid at least the Federal minimum wage unless an employer can show that an allowable exemption applies.  Under the FLSA, an employer may be allowed to pay employees with disabilities less than minimum wage if the employer obtains a certificate from the Department of Labor allowing such practice.  Along with the required certificate, all of the following requirements must be met:

• A worker’s pay may be less than the minimum wage only if the worker’s disability reduces his or her ability to perform the essential functions of the job;
• Employers must inform each worker in person and in writing, that they will earn less than the minimum wage. An employer may provide this notice by making copies of the certificate obtained by the Department of Labor.  If applicable, an employer must also inform a parent or guardian.
• A worker’s pay must be based upon the amount that other employers pay their employees, and the worker’s ability to perform the job. At least one time per year, employers must ask other employers in the surrounding areas how much they pay experienced employees who are in the same job position with the same or similar duties.  An employer should be prepared to change or alter the employee’s pay rate based upon the new information received each year.  If a worker is paid hourly, they must be tested within thirty (30) days of starting a new job to determine their ability to perform its essential functions.  As the ability of an employee may change over time, the employer must retest the employee every six (6) months which may result in an alteration of the employee’s pay.

If an employer is seeking to pay an employee with disabilities less than the required Federal minimum wage, the employer must ensure that the employee falls within all of the above conditions as failure to follow the FLSA as amended, can lead to not only governmental fines and wage liability to an employee, but possible disability discrimination claims by the aggrieved employee.

If you are an employer and are seeking compliance with the FLSA, contact the experienced employment law attorneys today at 203-221-3100, or by email at JMaya@mayalaw.com. We have the experience and knowledge you need at this critical juncture. We serve clients in both New York and Connecticut including New Canaan, Bridgeport, White Plains, and Darien.

Source: dol.gov