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Welcome to Ohio's 14(c) Task Force
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Ohio is working towards the successfully phasing out of Subminimum Wage through The Greater Opportunities for Individuals with Disabilities Act. This legislation proposes:
1) to phase out 14(c) certificates and of sub-minimum wages.
2) not to issue Ohio licenses to employers/providers by the Director of the Department of Commerce
The goal is for everyone with a disability—whether they have an intellectual developmental disability, or physical and mental disability— is paid at least minimum wage.​​​​​​
ITS TIME TO END THE 1938 BUSINESS MODEL!
EVERYONE'S WORK DESERVES
AT
LEAST MINIMUM WAGE!
What is the elimination of subminimum wage about?
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We should pay people with disabilities at least minimum wage.
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Subminimum wage violates disability policy and the civil rights of people with disabilities. Paying subminimum wage assumes people are incapable of being fully integrated into the general labor workforce, a view that is at odds with the disability policy framework that has emerged over the past 40 years.
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The evolution in disability rights law, modernization of the business marketplace, and advances in available community employment support, makes 14(c) provision under the Fair Labor Standards Act no longer necessary or acceptable.
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It does not prepare individuals with disabilities to gain open market employment. Statistics reveal that individuals who start working in a job that pays subminimum wage tend to stay at that job, working for the same low wages for their entire career. The percentage of individuals who move from subminimum wage to a minimum wage or higher is dismal.
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Paying subminimum wage conflicts with self-determination and informed choice for people with disabilities. Employers that pay subminimum wage offer the person with a disability little control over how they spend their day, use their knowledge, skills, and abilities, and how much they earn.
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By earning at least minimum wage, people with disabilities will have the opportunity to be independent, gain confidence, enjoy freedom and be a tax paying member of society like everyone else.
What is the elimination of subminimum wage is not about?
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People with disabilities being forced out of the facility-based buildings where they receive services due to the elimination of subminimum wage. People with disabilities can continue to receive their services, in the same building. Providers will still be able to bill Medicaid for providing services. Many/most providers who chose to already eliminate subminimum wage did not close their programs. If a provider chooses to close its building, that will be the choice of the provider.
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Eliminating subminimum wage will cause some providers to go out of business. The elimination of subminimum wage will require providers to rethink their business model and pay people with disabilities at least minimum wage. The rights of people with disabilities should not be held hostage to the bottom line of the business model.
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Prevocational (Stipends that can be offered to folks in Medicaid funded prevocational training programs.) This stipend pretty much always equates to a wage below the federal minimum. But these are prevocational programs and participants are not employees (so they are not actually earning a wage according to labor law definition).
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Waiting until the service system is ready and prepared to provide the services and supports people in sheltered workshops would need to move into employment. It has been 30 some years since the passage of ADA, subminimum wage continues to violate the rights of people with disabilities. Shifting the focus away from subminimum wage allows providers a ‘way out’ of discussing one of the most important aspects of being an adult: most people work in the community to have lives and are being paid at the very least minimum wage. The push is what gets the system ready.