What Is Section 14(c) of the Fair Labor Standards Act?

Section 14(c) of the Fair Labor Standards Act (FLSA) allows employers to pay individuals with disabilities a wage that is commensurate with their productivity in comparison to non-disabled workers performing the same job. This provision was established in 1938 with the aim of providing employment opportunities for people with significant disabilities who may not be able to compete in the open labor market due to their reduced work capacity. The wage, known as a “commensurate wage,” is determined based on an individual’s productivity, the nature of the work, and prevailing wages for similar jobs in the area.

What Is a Commensurate Wage?

A commensurate wage is calculated by conducting time studies that measure the productivity of an individual with disabilities in relation to a standard worker performing the same task. The employer then compares this productivity to the prevailing wage for the task in the geographic area, adjusting the pay accordingly. For example, if a company pays their employees $15 per hour for a certain job or set of tasks and an individual with a disability performs at 50% of the productivity level of a standard worker, their wage would be $7.50 per hour. This system is designed to provide fair compensation while recognizing (spelling) the varying abilities of workers.

Contract Negotiation and Time Studies

BARC Developmental Services takes a proactive approach to contract negotiation, ensuring that our workers receive competitive wages while providing quality services to employers. We conduct time studies to assess the productivity of each worker and use this data to negotiate wages that are fair and aligned with prevailing rates in the area. This careful calculation ensures that individuals with intellectual disabilities and autism are compensated based on their abilities, while also allowing businesses to benefit from their contributions.

BARC also collaborates with employers to design job tasks that align with the strengths of their participants, further enhancing the productivity and job satisfaction of their workers. By focusing on the abilities rather than the limitations of each individual, BARC ensures that everyone has the opportunity to succeed in the workplace.

At BARC Developmental Services, the goal is to create a supportive and inclusive environment where individuals with intellectual disabilities and autism can thrive. By utilizing Section 14(c) to provide tailored employment opportunities, BARC empowers its workers to achieve greater independence, develop valuable skills, and become active participants in their communities.

Positive Impacts of Section 14(c)

Section 14(c) has been a topic of debate, but for many individuals with intellectual disabilities and autism, it provides vital opportunities for meaningful employment and vocational training. The provision allows these individuals to gain work experience, develop job skills, and participate in the workforce in a way that aligns with their capabilities. Without the protections and flexibility offered by Section 14(c), many of these individuals might be excluded from the workforce altogether.

Some of the positive impacts include:

• Increased independence: Employment under Section 14(c) helps individuals with intellectual disabilities or autism achieve a greater degree of independence, both financially and socially. Earning a wage, even at a commensurate rate, allows these individuals to contribute to their own support and enjoy the dignity that comes with employment.
• Skill development: The work experience gained through Section 14(c) employment provides a valuable opportunity for individuals to develop job-specific skills, which can sometimes lead to higher productivity and potentially higher wages. Moreover, some of these transitional skills may provide the work experience needed to land a competitive job in the community.
• Social integration: Employment opportunities help integrate individuals with intellectual disabilities and autism into the broader community, reducing social isolation and fostering a sense of belonging.
  BARC Developmental Services: A Model 14(c) Program

BARC Developmental Services, a Section 14(c) certificate holder, offers exemplary vocational services to individuals with intellectual disabilities or autism. We are committed to providing tailored employment opportunities that meet the unique needs of each participant, ensuring that they receive fair compensation based on their abilities. Whether a worker needs auxiliary aids, templates or jigs created, or therapeutic and behavioral intervention, BARC’s staff provide quality services to support its workers in achieving success while promoting overall independence.

Vocational Services at BARC

BARC’s vocational services include a range of programs designed to help individuals with intellectual disabilities or autism. Starting with a collaborative team approach and honoring rights and choices of the individual, BARC’s vocational department works hard to support people in their journey through life, focusing on those long-term goals of the individual. These services focus on education, skill development, job placement, and ongoing support to ensure success in the workplace at all levels.

JOBS Program: A Pathway to Employment

The JOBS Program at BARC is another key initiative that helps individuals with autism or intellectual disabilities secure employment. For anyone interested in finding competitive community-integrated employment, BARC provides supports to all people across their employment journey. For newcomers, this could mean resume building, assessing skills in internships or job shadow opportunities, submitting applications, attending interviews or providing interview preparation. For more experienced workers or people who are offered employment, this can include orientation and onboarding, on-the-job training, identifying processes, procedures, learning company culture, pairing employees to natural supports, or advocating for accommodations. Our ultimate goal in the JOBS program is to fade direct supports as the workers independence and confidence increases.

Located in Bucks County, Pennsylvania, BARC Developmental Services assists and supports individuals with intellectual disabilities and autism. We equip them to reach their fullest potential, lead happy lives, and contribute to their community. With early intervention services, residential programs, and vocational initiatives, we serve hundreds of individuals and aim to help many more. Donate today to make impactful change in the lives of individuals with intellectual disabilities and autism!