Revised notice includes section regarding FLSA rule.

Wisconsin released a revised version of the Notice to Wisconsin Workers with Disabilities Paid at Special Minimum Wage. The notice is required for employers with a special minimum wage license issued by the Wisconsin Department of Workforce Development (DWD).

Wisconsin workers whose disabilities impair their ability to perform their work may be employed under a special minimum wage license issued by the DWD. The employer must complete an Application for a Special Minimum Wage License in order to be licensed to pay less than the general minimum wage.

What Changed on the Wisconsin Disabilities Special Minimum Wage Notice?

The notice now includes a section outlining employer responsibilities under Section 14(c) of the Fair Labor Standards Act (FLSA). All state special minimum wage rates and programs must adhere to the requirements of Section 14(c), which allows employers to pay minimum wages less than the federal minimum wage to workers with disabilities.

The following text was added to the Special Minimum Wages section of the notice:

To be able to pay less than the standard applicable minimum wage, this facility must also have a certificate under Section 14(c) of the Fair Labor Standards Act (FLSA), issued by the US Department of Labor.

Effective July 22, 2016, the FLSA prevents this establishment from employing persons 24 years of age or younger at a special minimum wage unless certain conditions are met. The Division of Vocational Rehabilitation (DVR) will provide documentation that these conditions have been met. DVR will also provide career counseling and information and referral services designed to promote opportunities for competitive, integrated employment, regardless of age, to individuals who are known to be employed at special minimum wages every six months for the first year of the individual’s subminimum wage employment and annually thereafter for the duration of such employment.

Only employers with a special minimum wage license issued by the Wisconsin Department of Workforce Development (DWD) are required to post this poster.