#thinkworkici

[communityinclusion]

Washington Post Investigates Impact of Subminimum Wage Law on People with Disabilities

Over the past several months, ICI’s Jean Winsor and other ThinkWork! staff contributed to a series of Washington Post articles about the impact of subminimum wage (Section 14c of the Fair Labor Standards Act) on people with intellectual and developmental disabilities (IDD) across the US.

People with IDD often work in jobs that pay less than minimum wage. Since 1938, Section 14c has allowed organizations that hold 14c certificates to pay employees with disabilities less than minimum wage. The original stated goal of the 14c certificate program was to help people with disabilities prepare for competitive integrated employment. However, more often, these workers get stuck making subminimum wage for life.

For many years, advocates have called for the elimination of the 90-year-old program. This blog summarizes the Washington Post series. You can access each article linked from this blog if you are subscribed to the Washington Post.

Why Some US Disabled Workers are Making Less than a Dollar an Hour

August 30, 2024

In the US, at least 40,000 workers with disabilities are paid less than minimum wage. For this article, the Washington Post looked at a sample of about 230 organizations paying subminimum wages. Most of the facilities are nonprofit organizations and some are private or state-run operations.

What types of jobs are included in 14c?

People with disabilities making subminimum wage work in a range of jobs, including packaging, assembly work, janitorial, manufacturing, and food service. Commonly, these jobs are located in “sheltered workshops.”

Who are the employers that pay subminimum wage?

Many popular businesses partner with organizations that pay subminimum wages. The companies generally see this work as charitable rather than problematic.

How much do most of the 14c employees earn in these jobs?

The Government Accountability Office analyzed a sample of organizations with 14c certificates between 2019 and 2021. Data suggest that half of the people with disabilities working under 14c programs make less than $3.50 per hour and about 12% of workers make less than $1 per hour.

Read the full article: Why Some US Disabled Workers are Making Less than a Dollar an Hour

Some Disabled Workers in the US Make Pennies per Hour. It’s Legal.

August 30, 2024

This article discusses how despite federal mandates, working under a 14c certificate does not help people move to competitive integrated employment. Usually, 14c programs lack accountability for advancement to competitive integrated employment and there is little oversight of how the organizations determine workers’ wages.

Do people with IDD advance from 14c to competitive integrated employment?

Not typically. Though this was one of the original stated purposes of the 14c program, only 0.5% of people who work under a 14c certificate are referred to vocational rehabilitation programs, which is a big predictor of job attainment.

Many employees in 14c programs stay in sheltered workshops for years, even for life. People with IDD say they’d like to make more money and do more interesting work, but the path out of 14c is often a steep, uphill battle. Jobs in sheltered workshops rarely give people with IDD opportunities to learn the types of skills that would help them advance to careers in their community.

Dr. Winsor shared, “The likelihood of you going out and getting a job where you’re assembling cardboard boxes is pretty low. Those jobs do not exist en masse in our economy. So why would you be training someone to do that?”

How much does this program cost taxpayers?

ICI ThinkWork staff shared data about funding for sheltered workshops with Washington Post reporters. This type of data is important because a large percentage of 14c work occurs in sheltered workshops. In 2021, 26 states spent $431 million taxpayer dollars on work services in these types of facilities, and 88% of that funding came from Medicaid. Organizations with 14c certificates are supposed to help workers advance to competitive integrated employment as a condition of receiving this Medicaid funding.

Who holds 14c certificate holders accountable?

There is no federal agency currently in charge of making sure people move from 14c programs into competitive integrated employment.

The Department of Labor’s Wage and Hour division does investigate 14c program violations, but they are understaffed to adequately monitor and enforce labor laws in over 11 million workplaces. The Washington Post analyzed Department of Labor records showing that when investigations are conducted, at least 38% of current certificate holders have violated compensation and other 14c program rules.

Ultimately, people with IDD are impacted most by this lack of accountability. Kevin Docherty, a lawyer from a firm in Baltimore who has represented people working in 14c facilities, shares: “Even when it comes to enforcing their rights, people with disabilities are at a disadvantage.”

Read the full article:Some Disabled Workers in the US Make Pennies per Hour. It’s Legal.

Fight Over Pay for People with Disabilities may Erupt Next Month

August 30, 2024

People with disabilities and other advocates have been fighting for many years to eliminate 14c. This article examines the other side of the story: parents and families who are fighting to keep the program alive.

President Biden’s Department of Labor has submitted a rule for review by the

White House Office of Management and Budget that would increase regulations and possibly eliminate 14c altogether.

Are their states in the US that have already eliminated 14c?

Yes. So far, 13 states and DC have made it illegal to pay people with disabilities less than minimum wage. Three other states — California, Virginia, and Nevada — are in the process of phasing out the 14c program. However, some states, like Missouri, are moving to protect the use of subminimum wages.

Why do people support the program?

Supporters of 14c believe it provides an option for people with IDD who could not otherwise get jobs in the community. However, in the eight states that eliminated 14c before 2022, employment rates for people with IDD have actually increased by 14%!

Read the full article: Fight Over Pay for People with Disabilities may Erupt Next Month

[disabilityrightsarkansas]

RT @disabilitystats: A Purpose in Life: Why Employment First Matters to Self-Advocates https://t.co/p5I1iIPsKL from @ThinkWorkICI #ntidelearn

A Purpose in Life: Why Employment First Matters to Self-Advocates https://t.co/p5I1iIPsKL from @ThinkWorkICI #ntidelearn

— DisabilityStatistics (@disabilitystats) April 6, 2018

from Twitter https://twitter.com/DRArkansas April 06, 2018 at 01:41PM via IFTTT

[communityinclusion]

ThinkWork Researcher Presents in Philadelphia

On May 10, 2019, Jennifer Sulewski presented at the 43rd Annual Philadelphia Regional Conference on Developmental Disabilities, hosted by the Children’s Hospital of Philadelphia. She was part of a panel on “Supporting Employment and Community Life Engagement of People with Developmental Disabilities,” presenting with Kelly Arnold and Amy Millar from the Pennsylvania Department of Human Services.

Image Description: (L-R) Amy Millar, Kelly Arnold and ICI’s Jennifer Sulewski at the 43rd Annual Philadelphia Regional Conference on Developmental Disabilities in Philadelphia, PA.

[communityinclusion]

Supports Planning Bringing Employment First to Scale Brief

Check out this ThinkWork brief to learn about addressing a job seeker's support  needs to increase job retention and career advancement.

[communityinclusion]

Papers by Researchers and Self-Advocates Examine Informed Choice

The National Association of State Directors of Developmental Disabilities Services (NASDDDS), in collaboration with ICI, published a fourth in a series of five white papers highlighting topics influencing employment outcomes and services for individuals supported by state intellectual and developmental disabilities (I/DD) agencies.

The latest paper provides an in-depth analysis on the concept of informed choice. It examines how making informed choices can contribute to improved employment outcomes for people with I/DD. The paper also explores the legal and policy context for fostering informed choice for all individuals, and the impacts of systemic initiatives furthering meaningful informed choice.  

Members of Self Advocates Becoming Empowered and Green Mountain Self-Advocates reviewed NASDDDS’s white paper on informed choice and decision-making, and wrote this response.

We’re pleased to be advancing the conversation on this important topic, and to have a wide range of voices at the table to debate, discuss, and move policy and practice forward.

[communityinclusion]

State of the Science Event Brings Together Researchers and Advocates

The 2017 State of the Science initiative came to a close on November 28 in Arlington, VA, with a day-long conference that drew about 45 self-advocates, family members, and researchers working in the area of employment and intellectual and developmental disabilities (IDD). 

The theme of the conference was "Defining the Employment Research Agenda." Sessions covered family and individual engagement, state systems and policy, and shaping a cohesive agenda for future research about employment outcomes for people with IDD. 

The State of the Science, or SoS, initiative included other events over several months leading up to the final conference. Participants joined in online and in-person listening sessions, and discussed research about employment for people with IDD. 

The SoS effort was run by the RRTC on Advancing Employment, which is part of the ThinkWork! group of initiatives here at ICI. 

"The collective perspective of a passionate group of advocates was remarkable," said John Butterworth, who leads the ThinkWork! team. "This event framed the scope of the work we need to do in policy, employment support, and engagement with individuals and families." 

Allison Hall, another ICI staffer who helps lead the RRTC, said: "This was an opportunity for us to share our research findings, as well as feedback from the field that we've received over the past 6 months through in-person and online listening sessions." 

See photos from the event here.

[communityinclusion]

ICI’s RRTC Project Highlighted in ACL Blog

The Administration for Community Living (ACL) highlighted a research and training center based at the ICI in a recent blog post.

Known as the RRTC, the center’s full name is the Rehabilitation Research and Training Center on Advancing Employment for Individuals with Intellectual and Developmental Disabilities. The RRTC is funded by the ACL’s research arm, the National Institute on Disability, Independent Living, and Rehabilitation Research.

In October, three ICI staffers, John Butterworth (Director of State Systems, ICI), Cindy Thomas (Associate Director, ICI), and Allison Hall (Project Director, RRTC) presented the work of the RRTC to over 30 staff from the ACL, as well as representatives from other federal agencies, including the Office of Disability Employment Policy. ACL’s blog shares some of the highlights from this presentation.

This fall, the RRTC will be completing a State of the Science process, beginning a new intervention to support provider transformation, engaging families in an intervention to support improved access to information and resources that support employment, issuing a number of new products focused on both policy and practice, and much more.

The RRTC is part of ThinkWork!, a group of ICI projects focused on improving employment outcomes for people with intellectual disabilities. Learn more about the RRTC on the ThinkWork! website, and keep up to speed with ThinkWork! on Facebook and Twitter.

[communityinclusion]

Webinar: Defining the Employment Research Agenda

Tuesday, August 29, 3PM Eastern This fall, ICI team members will be leading a series of "State of the Science" (or SoS) discussions. We'll be looking at ways to engage people with disabilities, their families, and their services providers in creating employment options.  In this kickoff webinar, we'll share the research findings behind the SoS initiative, and share some of the events you can get involved in during the SoS. The SoS is a chance for the ICI to share our research around employment. It's also an opportunity for us to learn about the strategies service providers, family members, and self-advocates are using to support people with intellectual and development disabilities to build fulfilling careers. The SoS is run by the ICI's Rehabilitation Research and Training Center (RRTC) on Advancing Employment for Individuals with Intellectual and Developmental Disabilities. Register here. 

[communityinclusion]

Webinar on Organizational Change Draws 700 Registrants

When we ran the webinar called “Organizational Transformation: From Workshops to Community Employment” in October, we reached capacity quickly. So we decided to run it again in January.

We were delighted by the response: The webinar reached its 700-person maximum registration within a week of being announced.

“I’m not surprised that it drew a crowd,” said Jaimie Timmons, an ICI researcher and one of the presenters on the webinar.

“Integrated employment for people with intellectual disabilities is a hot topic in our field,” Timmons continued. “A lot of the people who signed up for this webinar work for disability provider agencies. Making the shift from a segregated ‘workshop’ setting to real work in the community is central to what they’re doing, in almost every state.”

As with any free webinar, only a subset of registrants attended. The January webinar drew a healthy crowd of about 317 participants, who were actively posing questions and comments throughout the entire event.

Webinars in the 44 series only last 44 minutes. They’re designed to be quick and engaging, and to elicit participation.

However, it’s tough to present research findings and answer questions in such a short time span.

“We’re getting more proficient at having several people monitor the chat pod and answer questions as they come up,” said John Kramer, an ICI researcher who helped plan and run the webinar.

Participants expressed a desire to dig deeper into this topic, so we will be developing a Q&A document with Wally Tablit from AtWork in Washington State, another webinar presenter. We’ll distribute this document to everyone who registered.

“We would definitely benefit from a continuation of this dialogue,” one participant posted.

Curious to see what all the talk is about? Access the webinar archive.

Check out all the webinars in our 44 series.

Have an idea or a topic that you want to spend 44 minutes discussing? Email Anya Weber (anya.weber@umb.edu) and she’ll pass your suggestion along to the project team.