Supporting the Repeal, with Safeguards, of Section 14(c) of FLSA
 
American Council of the Blind
Resolution 2013-13
 
Summary
 
This organization commits to the repeal of Section 14(c) of the Fair Labor Standards Act with the stipulation that any legislation include specific safeguards to protect those individuals working under 14(c) certificates from losing their jobs. ACB should work with the Congress of the United States to achieve this objective.
 
WHEREAS, Section 14(c) of the Fair Labor Standards Act (FLSA) allows non-profit organizations to obtain special minimum wage certificates giving them the right to pay less than the federal minimum wage to disabled persons working in the job for which the certificate was obtained; and
 
WHEREAS, it is estimated that more than 216,000 workers are eligible to earn less than minimum wage, although no reliable statistics on the number of blind and visually impaired persons working under 14(c) certificates are available; and
 
WHEREAS, the American Council of the Blind (ACB) has previously gone on record by resolution in support of the payment of a minimum wage to individuals whose only disability is blindness while not specifically addressing the 14(c) issue; and
 
WHEREAS, subsequent to the 2011 national conference and convention, ACB was approached by a coalition of more than a dozen disability-related organizations led by the National Federation of the Blind to sign on to a letter to be sent to John Kline, Chairperson, House Committee on Education and the Workforce, which called for the repeal of Section 14(c) of the FLSA; and
 
WHEREAS, due to the timing of the coalition's request, the ACB president, in consultation with the executive director and the director of advocacy and governmental affairs, agreed to have ACB sign this letter with the proviso that any such legislation include specific safeguards to protect those individuals working under 14 (c) certificates from losing their jobs; and
 
WHEREAS, at the 2012 conference and convention, the resolutions committee brought forward without recommendation a resolution on this issue, but which was not moved from the floor, thus causing this resolution to die; and
 
WHEREAS, the coalition has drafted a second letter to employers with individuals working under 14(c) certificates and again asked for ACB's support; and
 
WHEREAS, ACB, as the major national democratic, consumer advocacy organization of blind and visually impaired persons in the nation, the membership should have the right and the opportunity to decide whether we will, by resolution, support the coalition effort to repeal Section 14(c) of the FLSA;
 
NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled on the 11th day of July, 2013 at the Hyatt Regency Hotel in Columbus, Ohio, that this organization commit to the repeal of Section 14(c) of the Fair Labor Standards Act with the stipulation that any legislation include specific safeguards, such as a phase-in period for implementation, to protect those individuals working under 14(c) certificates from losing their jobs; and
 
BE IT FURTHER RESOLVED that ACB work with the Congress of the United States to achieve this objective.
 
Adopted.
 
Marlaina Lieberg, Secretary