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Currently, the United States still operates under a law in the Fair Labor Standards Act of 1938, which grants certain employers a 14(c) certificate to pay people with disabilities less than the minimum wage—sometimes pennies an hour. In South Carolina as of 2020, approximately 1,200 people with disabilities are making less than the minimum wage. Several states have already restricted the use of subminimum wage, and South Carolina could join them in becoming a national model if this bill is passed.
In 2021, our approach to employment for people with disabilities should not be the same as it was in the 1930s. Our society has changed, and people with disabilities have adapted and innovated. We can work just as well as anyone else, and we deserve to be paid equally for it.
If this bill to end subminimum wage (S.533) passes, there will be a three year phase-out to allow time to develop a plan to successfully transition workers to other types of employment. We believe a three year transition, which provides support for both providers and participants and is grounded in the values of informed choice and equal rights, is a positive path forward. The three year transition plan to end subminimum wage in SC will ensure a meaningful transition for the individuals receiving subminimum wage and promises that no one will be left behind. More information about subminimum wage can be found on our website.
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