Sheltered Workshop Access & Monitoring, Department of Labor MOU, & other Sub-Minimum Wage Issues

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Gyles Owens
6 years ago
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1 Sheltered Workshop Access & Monitoring, Department of Labor MOU, & other Sub-Minimum Wage Issues November 2, 2017 Webcast Presenters: Cheryl Bates-Harris, Senior Disability Advocacy Specialist David Hutt, Senior Staff Attorney

2 P&A Workshop DOL Admin Complaints DOL 14(c) Wage State 14(c) Opt Out DOJ Monitoring CAP $11.7M Hearings PAVA $4.72 M PATBI $2.97 M Complaints Assistive Tech. PAIMI $34.0 M PAIR $ M PAAT $4.45 M PABSS $7 M EEOC Complaints Section 511 Strategies

3 3 More on Strategies 1. File administrative complaints with the U.S. Dept. of Labor Wage and Hour Division, or relevant state agency, as appropriate. 2. File a petition on behalf of client(s) for an Administrative Law Judge hearing under 29 U.S.C. 214(c)(5). See also, Magers, et al. v. Seneca Re-Ad, ARB Case Nos , (Dept. of Labor Administrative Review Board, Jan 12, 2017) (U.S. District Court review pending). 3. Use video, print, and social media to highlight the problems of segregated employment and solutions and accomplishments.

4 4 Training Resources Staff working for P&As and CAPs can access training and resources related to subminimum wages, sheltered workshops and other employment related matters at under topic area: employment and follow links to sheltered workshops and subminimum wages. Please NDRN/TASC staff at: with any questions related to subminimum wages, FLSA 14(c), sheltered workshops and related issues. You can also post to the TASC managed list serve Employment-

5 P&A Monitoring & Investigative Authority P&As may use their access authority (PADD, PAIMI, PAIR, PATBI and PAAT programs) to monitor sheltered workshops. P&A access authority allows for unaccompanied access to physical locations where services are provided to persons with disabilities, and to speak in private with persons with disabilities to: Monitor for rights and safety violations. Educate persons with disabilities about their rights and available services. Investigate allegations of abuse & neglect. The investigative authority also allows access to service providers and individual records without a release in certain circumstances.

6 Memorandum of Understanding with Wage and Hour Division NDRN and the U.S. Dept. of Labor, Wage and Hour Division (WHD) entered into a Memorandum of Understanding (MOU) in late 2015 to coordinate information sharing between the P&A/CAP Network and the WHD related to section 14(c), address issues related to the filing of complaints by P&As, and allow NDRN and the WHD to discuss issues surrounding the impact of the payment of back-wages on benefits. The MOU provides a mechanism for NDRN to facilitate discussion with the WHD given our mutual interest to ensure adherence to the requirements of section 14(c).

7 Memorandum of Understanding with Wage and Hour Division The MOU does not create any additional or new authority to a P&A or CAP related to any entity which possesses a 14(c) certificate. The MOU is a collaborative understanding between the Wage and Hour Division and NDRN on behalf of the P&A/CAP Network. P&As already have the authority to access sheltered workshops and section 14(c) certificate holders, and to speak with workers with disabilities.

8 What we know: Community Employment Employment rates for people with disabilities is low, unemployment high Greatest Barrier is Lack of Expectation Exploitation/Political Realities/Policy conflicts Change is needed, change is coming

9 Disability Policy Concepts IDEA all Deinstitutionalization all ADA all Employment (all can work or those who can work?)

10 Current Employment Programs Rehab Act 1973 as amended, IDEA transition requirements Workforce Investment Act, WIOA 2014 Ticket to Work and Work Incentive Improvement Act Medicaid Waiver HCBS rules Employment First

11 Sheltered Workshop Monitoring Developed a protocol and monitoring instrument to collect consistent data and information Been shared broadly but developed before WIOA and section 511 Monitoring versus investigation

12 Questions? Use the listservs Employment_ReturntoWork PABSS Community Integration To subscribe to the lists contact Send us an at

Kentucky P&A Priorities

Kentucky P&A Priorities Comment [JPE1]: Kentucky P&A 2016 Priorities Our Mission: To protect and promote the rights of Kentuckians with disabilities through legally based indual and sys advo, and education. I. Abuse, Neglect,