Georgia (United States) - Apply for Authority to Employ Workers with Disabilities at Subminimum Wages

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Procedure

Apply by Mail

1. To Apply for Authority to Employ Workers with Disabilities at Subminimum Wages, the applicant has to approach the U.S. DEPARTMENT OF LABOR Wage and Hour Division link
2. The applicant has to download the application form from the following link
3. In addition to the WH-226, a separate WH-226A must be submitted for each site where workers with disabilities are (or will be) employed at subminimum wages. The directions for completing the WH-226A are included with the form. link
4. The applicant has to enter all the details in the application form.
5. Make sure that the applicant has to attach all the necessary documents that are mentioned in the “Required Documents” section of this page.
6. The applicant has to attach the photocopies of the required documents along with the application form while submitting.
7. Submit all the documents with the completed form to the office mail address.
8. The mailing address is mentioned in the “Office Locations & Contacts” section of this page.
9. The fee for this procedure is free of cost.
10. Once the verification process is done, the applicant gets the notification through mail
11. The applicant has to visit the nearest office address to get the permit.
12. And the payment process details will be intimate by the officer.
13. The processing time for this procedure is within 15 – 30 days.

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Required Documents

• ID proof
• Retain a completed copy for the applicant records
• Address proof
• Passport size photographs
• Application form link
• Supplemental Data Sheet link
• Employer government contract (if any)

Office Locations & Contacts

U.S. DEPARTMENT OF LABOR
Mailing Address
Wage and Hour Division
230 South Dearborn Street, Room 530
Chicago, Illinois 60604
Contact link
Regional office link

Eligibility

• A worker who has disabilities for the job being performed is one whose earning or productive capacity is impaired by a physical or mental disability, including those relating to age or injury is eligible to make this application.

Fees

• The fee for this procedure is free of cost.

Validity

• All subminimum wages must be reviewed and adjusted, if appropriate, at periodic intervals. At a minimum, the productivity of hourly paid workers must be re-evaluated every six months and a new prevailing wage survey must be conducted at least every twelve months.

Documents to Use

• Application form link
• Supplemental Data Sheet link

Sample Documents

Please attach sample completed documents that would help other people.

Processing Time

• The processing time for this procedure is up to 15 – 30 days.

Related Videos

Videos explaining the procedure or to fill the applications.
Attach videos using the following tag <&video type='website'>video ID|width|height<&/video&> from external websites.
Please remove the '&' inside the tags during implementation.
Website = allocine, blip, dailymotion, facebook, gametrailers, googlevideo, html5, metacafe, myspace, revver,
sevenload, viddler, vimeo, youku, youtube
width = 560, height = 340, Video ID = Can be obtained from the URL of webpage where the video is displayed.
e.g In the following url 'http://www.youtube.com/watch?v=Y0US7oR_t3M' Video ID is 'Y0US7oR_t3M'.

Instructions

• Applicant must complete the application form before submitting. Incomplete applications will not be accepted.
• Applicant must provide genuine information while applying for this procedure.
• Complete instruction for applying this form is given below the form page.

Required Information

• Signature of authorized representative
• Application type
• Employer information parent organization
• Employer status
• Number of establishments and work sites
• Number of workers with disabilities
• Government contracts
• Prevailing wage survey for workers paid hourly wage rates
• Prevailing wage survey for workers paid on a piece rate basis
• Representative payee for social security benefits
• Crediting the reasonable cost of facilities provided toward meeting the minimum wage or subminimum wage
• Temporary authority
• Requirements under the workforce innovation and opportunity act (WIOA)

Need for the Document

• This application is used to apply for a certificate authorizing the payment of subminimum wages to certain workers with disabilities under section 14c of the Fair Labour Standards Act (FLSA) and related provisions of the McNamara-O’Hara Service Contract Act (SCA) and the Walsh-Healey Public Contracts Act (PCA).
• Payment of subminimum wages to workers with disabilities is the only permitted under a valid certificate issued by the United States Department of Labour, Wage and Hour Division.

Information which might help

• For more information link

Other uses of the Document/Certificate

Please explain what are other uses of obtaining this document/certificate.
e.g. Birth Certificate can be used as proof of identity.

External Links

Labour Standards Act (FLSA) Link

Others

Commensurate Wage Rates Subminimum wages must be commensurate wage rates - based on the worker's individual productivity, no matter how limited, in proportion to the wage and productivity of experienced workers who do not have disabilities performing essentially the same type, quality, and quantity of work in the geographic area from which the labor force of the community is drawn. The key elements in determining commensurate rates are :

• Determining the standard for workers who do not have disabilities, the objective gauge against which the productivity of the worker with a disability is measured.
• Determining the prevailing wage, the wage paid to experienced workers who do not have disabilities for the same or similar work and who are performing such work in the area. Most SCA contracts include a wage determination specifying the prevailing wage rates to be paid for work on the SCA contract.
• Evaluating the quantity and quality of the productivity of the worker with the disability.