U.S. Department of Labor recommends phasing out paying those with disabilities less than minimum wage

Authored by ksn.com and submitted by Minifig81
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WICHITA, Kan. (KSNW) — The U.S. Department of Labor has recommended phasing out paying those with disabilities less than minimum wage. The director of the Kansas Commission on Disability Concerns and a local employer spoke to KSN about the issues the move could create.

According to the KCDC, at least 15 states have eliminated paying subminimum wages to people with disabilities. However, states, including Kansas, still see more than 40,000 of those with ailments earning less than their coworkers.

“Some people with disabilities, who are on subminimum wage, get pennies on the hour,” said KCDC Executive Director Martha Gabehart.

The Subminimum Act, created in 1938, was meant to help injured veterans. It’s now under scrutiny. Gabehart said some are worried that phasing it out could lead to employers choosing not to hire them.

“The employers who are doing the hiring are prohibited from discriminating against people with disabilities. Based on their disability, it’s important to note that they need to be really careful and seriously consider what the qualifications are of that person with a disability,” she said.

Phasing it out intended to provide good jobs and fair pay, but the CEO of Starkey, a Wichita employer that provides job training before people enter the workforce, said taking away the comfort they provide and paying a subminimum wage, with no stress of being fired, could be counterproductive.

“There’s an expectation that you’re making a specific hourly wage, and if you’re not productive enough if you do not do that well enough, you could be terminated from employment,” said Starkey CEO Colin McKenney.

McKenney said Starkey will begin to look for outside contracts for those in their subminimum wage positions, hoping to see those they help employ conquer their disability.

“To just see how far many of the individuals we’ve worked with have come through the years, I’ll be honest, sometimes there’s tears streaming down my cheeks as you see the progress people make,” said McKenney.

The Department of Labor is asking for public comment on this suggestion, to be submitted by Jan. 17. After a review, phasing out subminimum wage would be complete within three years.

HoorayItsKyle on December 7th, 2024 at 19:58 UTC »

This is more complicated than it seems at a glance. There's no mustache-twirling CEO out there using legions of disabled people to skirt around minimum wage laws and get rich off them.

People with severe mental disabilities need *something* to do to feel like they're part of the community and lead meaningful lives. In our society, unfortunately, a job is one of the only ways to make that happen.

Allowing/incentivizing businesses to incorporate them into their workflow is a way of getting them out of the house and involved in the community.

Without this law, those programs will disappear, and a lot of real people will lose real jobs that they really enjoyed and go back to sitting at home all day.

Should our entire society be built around paid work being nearly the only way to meaningfully engage with soceity? No. Would it be better to have more comprehensive programs for giving these people daily routines that enrich their lives and involve them in the community? 1000000%

But just killing off the existing programs doesn't do any of that, it just enshittifies.

GettingPhysicl on December 7th, 2024 at 19:46 UTC »

Are you guys under the impression that absent this law the people working on this program will be hired at a normal wage? 

This was a disabled adults enrichement program. The ones who could work at a normal pace competed for normal jobs at normal wages. This wasn’t like a mandatory if you’re disabled you can only be paid 1$/hr or something 

yogahike on December 7th, 2024 at 19:39 UTC »

Hopefully that means the threshold will increase for how much a person with a disability can make before losing government benefits.

My cousin has downs and has worked at a hair salon sweeping hair and washing towels.

I think it’s not as simple as paying people with disabilities more. There is a threshold of how much money people can make before they lose their disability benefits and insurance from the government. She without a doubt needs all of the support from disability benefits even though she has the desire to work more hours and make more money than she is “allowed” & keep benefits.

I could see this impacting her negatively, where she would have to work even fewer hours to stay under the threshold or the company being unwilling to hire someone with a disability since they could pay a more qualified candidate the same amount.