Peach Association for the Intellectual Disabled Inc. kept inaccurate pay records for workers
MACON, GA – An investigation by the U.S. Department of Labor found a Fort Valley community center’s failure to provide timely career counseling, information and referrals to three adult workers with developmental disabilities led to violations of federal regulations, and the recovery of $12,211 in back wages for the workers.
Under the Workforce Innovation and Opportunity Act, employers may pay a subminimum wage to workers with disabilities while providing them with resources and information, such as career counseling and referrals, to provide access to competitive integrated employment.
Investigators with the department’s Wage and Hour Division determined that Peach Association for the Intellectual Disabled Inc. – operating as Kay Community Service Center – paid the three workers the subminimum wage but failed to provide counseling, information and referrals. They also learned the facility did not maintain complete and accurate pay records, a Fair Labor Standards Act violation.
“With proper certification and within certain criteria, employers may pay subminimum wages to people with disabilities only if the employer provides career counseling every six months during the first year of employment, and annually in the years that follow,” explained Wage and Hour Division District Director Wildali De Jesus in Orlando, Florida. “Our investigation determined Kay Community Service Center...
Although on appeal the court distinguished that there was new information in the claim, the court ultimately found the new information was not material, nor was it plead with particularity. The U....