(The Center Square) – Among the stack of bills the Virginia General Assembly sent to Gov. Glenn Youngkin this session is a measure that would align the commonwealth with a small batch of states moving to phase out subminimum wage employment for people with disabilities – a bill supporters say would eventually eliminate an “archaic” model dating back to the 1930’s.
The measure, which passed by the General Assembly last month, aims to phase-out the practice of paying people with disabilities less than the state’s minimum wage. House Bill 1924 by Del. Patrick Hope, D-Arlington, sets increased wage rates starting this summer that employers who currently pay a subminimum wage to workers with disabilities would be required to pay.
Specifically, the bill would gradually raise pay for people with disabilities being paid subminimum wage to $9.50 an hour starting July 1, $10.50 an hour starting July 1, 2024, and $11.50 an hour starting July 1, 2025. Beyond July 1, 2026, employers would be required to pay employees with disabilities at the same rate of minimum wage set by Virginia law for hourly employees.
The bill follows a recent bipartisan push at the federal level and among individual states to eliminate subminimum wage for employees with disabilities. Under the Fair Labor Standards Act of 1938, an employer who holds a “14(c)” certificate from the U.S. Department of Labor does not have to follow federal minimum wage laws when it comes to employing individuals with disabilities.
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