As we debate what constitutes a livable wage in Minnesota – with the current $15.57 an hour minimum wage in Minneapolis and St. Paul considered by many to be inadequate to cover living costs here — be aware that there is a group of workers earning far, far less.
Minnesota has the dubious distinction of having the second highest per-capita rate of people with disabilities earning wages that are below the federal minimum. This is legal because of Section 14c of the Fair Labor Standards Act of 1938, which allows employers to pay workers with disabilities less than minimum wage. Created to boost employment for people with disabilities, today it keeps many in poverty, without opportunities for advancement. It is time to phase out the use of the 14c Special Wage certificate. We don’t need this relic of the past.
Today, approximately 40,500 workers with disabilities around the country are paid under this certificate, including approximately 3,100 in Minnesota, according to the U.S. Labor Department’s Wage and Hour Division. Other states with high rates of people with disabilities earning subminimum wages include Missouri, Pennsylvania, and Illinois.
For nearly a decade, I worked for a service provider and managed a team of direct support professionals (DSPs). In 2017, we let go of the 14c Special Wage certificate to focus solely on community employment at or above minimum wage. There was anxiety during this transition, from people receiving services, their parents and guardians, and from other members of their support teams. We approached our business partners and were able to re-negotiate our contracts and bring people’s wages up to the minimum. Some of the employers we had contracts with were not aware that some individuals doing the work were paid below minimum wage. The response from our business partners was overwhelmingly positive, with some choosing to hire folks directly. One business decided to end their contract with us, and my team used a person-centered, customized approach to find every one of those workers competitive jobs in their community. Change is scary and the transition took time and planning, but the sky did not fall. No one lost services or found themselves sitting at home, and our doors did not shut.
Minnesota benefits in several ways by making sure people with disabilities have opportunities to find competitive jobs in the community. Competitive employment is one way out of poverty, and it expands people’s skills, which creates new workers who can fill jobs as labor shortages continue. Work provides people with and without disabilities more opportunities to expand their social networks. When I think about the friends I’ve made at work over the years, I realize I probably never would have met them elsewhere. Having a job that you enjoy and are good at benefits your mental health.
Advances in assistive technology and training are helping people with disabilities find and keep jobs in the community they enjoy. Phasing out 14c Special Wage certificates alone won’t remove all the barriers to employment for people with disabilities. According to Minnesota’s Department of Employment and Economic Development, there is a large gap in employment rates for people with and without disabilities. And even entry-level jobs paying minimum wage – as advocates have pointed out – don’t truly provide a living wage, but it’s a start.
Legislation has been introduced in St. Paul this session that will phase out 14c Special Wage certificates in Minnesota by 2028. It’s up to us to let our elected officials know these certificates are outdated and harmful, and that better options exist for people with disabilities to live full lives in the community.
Brian Begin is an education program specialist at the University of Minnesota’s Institute on Community Integration. He can be reached at begin036@umn.edu.
