Biden administration moves to phase out subminimum wage for disabled workers

Over 100,000 disabled workers are employed at places that pay them less than the minimum wage.

The Biden administration has proposed abolishing the sub-minimum wage for people with disabilities, a move long-awaited by the disability community.

The proposed change could drastically increase pay rates for around 38,000 workers with disabilities across the nation, emphasizing the principle of fair pay for a hard day’s work.

The big picture: The process to eliminate lower pay rates may take months or years, with the possibility of the upcoming Trump administration abandoning the proposal.

  • The Biden administration suggests phasing out exceptions to the federal minimum wage over three years, set at $7.25 per hour.

Driving the news: Approximately 700 employers with certificates were found to pay about 38,000 workers below the minimum wage, mostly in “sheltered workshops” for individuals with disabilities operated by nonprofits.

  • While some argue that special minimum wages provide employment opportunities and transitions for individuals with disabilities, the proposed change is not without critique.
  • Various States and localities have already prohibited or limited the payment of subminimum wages to workers with disabilities within their areas, following the 1990 Americans with Disabilities Act.
  • A Congressional Budget Office review in 2023 highlighted that increasing the subminimum wage could boost earnings for some workers but also lead to higher rates of joblessness for others.
  • Despite some concerns, the Labor Department reported in 2023 that people with disabilities were employed at the highest rate ever of 22.5%.
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