This Note argues for the repeal of Section 14(c) of the Fair Labor Standards Act (FLSA), which continues to perpetuate a system allowing employers to pay less than minimum, or “subminimum,” wage to certain employees with disabilities. The Section 14(c) program is a relic of policy leftover from the 1930s and does not help the disabled community, but rather rests on the presumption that persons with disabilities never progress. In light of recent House Resolution 3086, Congress went against the current trend of encouraging maximum independence and equal opportunities for persons with disabilities and instead upheld the subminimum wage program; however, Congress now has another opportunity to repeal Section 14(c) with House Resolution 831. This Note discusses the pros and cons of Section 14(c)’s subminimum wage program, and, using Washington State as a model, this Note argues for the repeal of Section 14(c) of the FLSA.
Melia Preedy, Subminimum or Subpar? A Note in Favor of Repealing the Fair Labor Standards Act's Subminimum Wage Program, 37 SEATTLE U. L. REV. 1097 (2014).