Subminimum wages frequently asked questions

The federal government allows some employers to pay less than the federal minimum wage to workers with disabilities. Subminimum wage was created more than 80 years ago to give people with disabilities more opportunities to enter the workforce. At the time, workers with disabilities were believed to be less productive than those without disabilities so employers gave them lower pay. We now know that workers with disabilities, given opportunity and the right supports, can work as well or better than people without disabilities.

Only people with disabilities who work for an employer with a 14(c) certificate may earn less than the federal minimum wage (subminimum wages).

In 2020, the U.S. Commission on Civil Rights called for an end to a subminimum wage because it violates the civil rights protections of people with disabilities. They also found that subminimum wages prevents people with disabilities from realizing their full potential.

Since 1938, when the law allowing subminimum wages was created, we have learned a lot about how to support people with disabilities. We now know that workers with disabilities, given opportunity and the right supports, can work as well or better than people without disabilities.

No — only employers with a 14(c) certificate from the U.S. Department of Labor may pay subminimum wage.

No, not right now. But there is a growing movement across the country to end subminimum wages for people with disabilities. The Minnesota Legislature decided to make a plan to prepare state agencies, people with disabilities, their families, advocates and providers in case subminimum wage goes away in the future.

The state created the task force to make a plan so people with disabilities, their families and people who provide employment services are prepared in case subminimum wage goes away in the future.

More background on why the task force was created:

Many people in the United States want to end subminimum wages for people with disabilities.

The systems to support people with disabilities are getting better. It is important to regularly evaluate things to make sure they are fair and include people with disabilities.

Most people agree it is important to have a good plan in place if subminimum wages end.

The Minnesota legislature passed a law in 2021 to create the Task Force on Eliminating Subminimum Wages.

The legislature asked the task force to make sure Minnesota is prepared if subminimum wages end.

The Minnesota Department of Human Services (DHS) was asked to have the first meeting of the task force by early 2022.

The task force is not making recommendations on whether Minnesota should stop allowing subminimum wages. Instead, the task force is working to ensure a smooth transition if subminimum wages aren't allowed anymore. For more information about the task force, visit the Taskforce on Subminimum Wage in Minnesota—The Arc Minnesota.

The Minnesota Legislature decided who is on the task force. It has people with different perspectives including people with disabilities, service providers, employers, advocacy groups and government agencies. A full list of task force members is on the task force webpage. 

The task force is neutral — not for or against — ending subminimum wage. Their job is to help make a plan if subminimum wage ends. Individual task force members may have their own opinions and participate in advocacy efforts outside of the task force. 

The task force is responsible for listening to all groups who need to be part of the plan. They are working with another company to talk to people affected by subminimum wage changes. They want to make the best plan possible. 

A list of task force members, the perspectives they represent and who selected them is on Members tab on the task force webpage.

The task force will make a plan in case subminimum wages end in Minnesota. A plan will help us know what to do if the state or federal government eliminate subminimum wages. 

We can prepare for the change so there are new opportunities for people with disabilities. We do not want employment options taken away.

The task force wants to support an inclusive future for people with disabilities. They respect a person’s informed choice about employment options and supports. They want to respect the role families play in their loved one’s life, too. 

The task force will not make recommendations on whether Minnesota should end subminimum wages. Their job is to make a smooth transition if subminimum wages end.

All perspectives are important to make the plan the best it can be. 

Members want to hear from a wide range of people. The task force will put people with disabilities and their families first. 

There will be opportunities for input before they give the plan to the legislature. If you want to learn about engagement activities or give us your ideas now, enter your information on the Minnesota Department of Human Services Subminimum Wage Engagement form.

There will be many opportunities to give input starting in May 2022. The Department of Human Services (DHS) contracted Public Sector Consultants (PSC) to collect feedback and organize it for the task force. Online surveys, focus groups and listening sessions are the main ways feedback will be collected. If you would like to be included, please complete this simple form. 

PSC will be collecting feedback from people from May through October 2022.

Many providers are already starting to transition away from subminimum wage. There have been grants given to help providers make the switch. DHS also contracted with the University of Minnesota to design and deliver education and technical assistance to help providers change their services. The plan the Task Force on Eliminating Subminimum Wages gives to the Legislature will also include ways to support providers through the change.

Grants have already been given to help providers make the change from subminimum wage to competitive, integrated employment. DHS also contracted with the University of Minnesota to design and deliver education and technical assistance to help providers transition their services.