In the past few days we’ve heard from several CWC members regarding a letter they’ve received from the National Council on Disability (NCD) asking for information about their utilization of subminimum wages for employees with disabilities. The NCD is an independent federal agency charged with, among other things, making recommendations regarding policies, programs, practices, and procedures that affect individuals with disabilities. The letter specifically requests responses by November 21 to the following questions:

1. The number of employees and subcontractors, including employees and subcontractors in your supply chain, with whom the Fair Labor Standards Act (FLSA) Section 14(c) Certificate Program is utilized and employees paid subminimum wages, broken out by type of worker;
2. The names of the subcontractors your business utilizes, if any, that pay their employees subminimum wages;
3. How long your business has utilized the services of those subcontractors, and/or utilized 14(c) subminimum wage employment; and 4. Why your business has chosen to utilize 14(c) subminimum wage employment.

Most of the questions we’ve received from our members have involved whether they are required to respond to the NCD letter. Although the NCD is a federal agency responsible for assessing policy impacting individuals with disabilities, it has no authority to require a response. Accordingly, while all of our members are encouraged to consider responding to the survey in order to enhance the data being collected, it is ultimately each member’s decision whether and when to do so. In the meantime, if you have any questions, please feel free to contact any one of our compliance policy experts at 202-629-5650 or info@cwc.org