BGL partner, Kevin Docherty, quoted in The Washington Post about the fight to end payment of subminimum wages to people with disabilities. – Technologist

Brown Goldstein & Levy partner Kevin Docherty recently spoke to The Washington Post about Section 14(c) of the Fair Labor Standards Act, which allows employers to pay people with disabilities less than minimum wage.

The Washington Post conducted an investigation into the implementation of 14(c) and published a three-part series on its history, its impact on workers who are paid less than minimum wage, and the fight to repeal it. The investigation revealed that at least 38 percent of current employers in the program have violated the rules intended to safeguard workers receiving subminimum wages, cheating them out of millions in pay.

Employers who wish to utilize Section 14(c) must apply for a certificate via an application to the Department of Labor’s Wage and Hour Division. Nearly 1,000 employers in the United States hold 14(c) certificates, and around 200 employers are awaiting certificate acceptance. 

Approximately 50,000 people with disabilities are paid less than minimum wage. Many work in “segregated sheltered workshops,” where they are isolated with little or no contact with non-disabled persons.

Kevin spoke to The Washington Post about how these practices are difficult to combat because of potential costs and difficulties navigating the legal system.

“Even when it comes to enforcing their rights, people with disabilities are at a disadvantage,” Kevin said. 

For more than a decade, BGL and Kevin have represented workers employed under Section 14(c) in their fight for fair and non-discriminatory wages, including three individuals who successfully challenged their receipt of subminimum wages in an administrative proceeding before the United States Department of Labor. Read more about that victory here.

Read the full Washington Post article here.

ABOUT KEVIN DOCHERTY

Kevin’s diverse practice includes representing business and businesspeople in ownership disputes, breach of contract actions, and other high-stakes commercial litigation. Kevin also represents individuals in civil rights litigation, employment disputes, and personal injury matters. Learn more about Kevin here.

ABOUT BROWN GOLDSTEIN & LEVY

Founded in 1982, Brown Goldstein & Levy is a law firm based in Baltimore, Maryland, with an office in Washington, D.C. The firm is nationally recognized in a wide variety of practice areas, including complex civil and commercial litigation, civil rights, health care, family law, and criminal defense. Above all else, Brown, Goldstein & Levy is a client-centered law firm that brings decades of experience and passionate, effective advocacy to your fight for justice.