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S I II
under the WAGE and HOUR LAW
The Wage and Hour Law Says .
The Fair Labor Standards Act (United States Wage and Hour
Law) sets a ceiling over hours and a floor under wages for workers
engaged in interstate commerce or in the production of goods for
interstate commerce. These workers must be paid at least 30 cents
an hour.1 They must also receive at least time and a half their
regular rate of pay for all hours worked over 40 in any one week.2
Physically and mentally handicapped and aged persons are gen-
erally at a disadvantage when competing with the able-bodied for
jobs. Congress recognized these inequalities in workers and pro-
vided for their employment at wages lower than the minimum rates
set in the act. The purpose of this exemption is to safeguard the
handicapped worker in his job and to see that his employment oppor-
tunities are not curtailed.
In order to protect the handicapped worker from exploitation by
unscrupulous employers, the act provides that no handicapped worker
may be employed at less than the minimum wage unless he has
received a certificate from the Wage and Hour Division. Such
certificates are granted in accordance with regulations issued by the
Administrator. The purpose of this leaflet is to explain these regu-
What Is a Handicapped Worker?
In each case it is necessary to establish the fact that the worker's
earning capacity is materially lowered by advanced age or by physical
or mental deficiency or injury. Whether the worker's defect in fact
makes him a handicapped worker depends upon what type of work
he has to do, the relation of the handicap to that work, the worker's
general health, activity and the ease with which he performs his work,
freedom from worry as to security in his job and strains involved in
competing with nonhandicapped employees for production volume.
No worker will be certified as handicapped unless his earning capacity
is impaired for his specific job, and unless he is unable to earn the
statutory minimum. No worker will be certified as handicapped
merely because he is inexperienced. A worker who is found to be
handicapped for employment as a truck driver might not be consid-
ered handicapped for employment as a timekeeper.
I Forty cents an hour after October 24,1945, unless previously raised to between 30 and 40 cents
by a wage order.
2 Over 44 hours from October 24, 1938, to October 24, 1939. Over 42 hours from October 24, 1939,
to October 24, 1940.
How to Apply For Certificates
(1) Any employer may make application for a certificate for a
worker who he believes is handicapped.
(2) Separate application must be made for each such worker.
(3) The application must be submitted on a special form, obtain-
able from the nearest Wage and Hour office, a list of which will be
found on page 4.
(4) The application must be signed by both the employer and the
(5) In filling in the application, the employer must set forth facts
proving the following:
(a) That the worker is handicapped. Descriptions of alleged
handicaps must be in detail. Vague descriptions, such as "nervous
condition," "physically incapacitated," etc., will not suffice. In all
doubtful cases a medical certificate should accompany the application.
(b) That the handicap has impaired the worker's earning capacity
for the specific employment in which he is to be engaged.
(c) That employment at wages lower than the minimum is neces-
sary to prevent curtailment of the worker's employment opportunities.
What the Division Does
(1) Whenever it is deemed necessary, the Division may make an
investigation and require the worker to take a medical examination.
(2) As a general rule, no certificate will be issued which fails to
give substantial and sufficient evidence as indicated in paragraph 5
above. No certificate will be granted:
(a) For a worker with temporary disabilities;
(b) For a worker alleged to be slow or inexperienced, unless his
earning capacity also is impaired by age, physical or mental deficiency,
(c) For a worker, irrespective of handicap, whose piecework earn-
ings are generally equal to or above the statutory minimum.
What the Certificate Allows
If the applicant is, in fact, found to be handicapped, a special
certificate is issued to the employer permitting the employment of
the handicapped worker at a rate less than the statutory minimum.
One copy of the certificate will be given the handicapped worker,
and one copy to the employer to be kept on file in the same place at
which the worker's employment records are maintained.
The terms of the certificate specify the wage rate to be paid the handi-
capped worker and the period during which this rate will be applicable.
No employer may pay the handicapped worker at a rate less than
that set in the certificate. If nonhandicapped workers in the same
occupation are paid on a piece-rate basis, the handicapped worker
must be paid the same piece rate and shall receive whatever he earns
above the rate fixed in the certificate. Handicapped workers are
not exempted from the hour provisions of the act.
UNIVERSITY OF FLORIDA
Review and Cancellation 3 1262 08859 0087
A certificate will be null and void if any information presented in
the application is found to be fraudulent.
A certificate may be affirmed, revised, or revoked by the Division
upon the submission of additional material facts. Any interested
person can ask the Wage and Hours Office to change its action.
The granting or denying of a special certificate is subject to review,
which any aggrieved person may request by filing a petition within
15 days after publication of the Division's action.
For Further Information
A copy of the regulations and more detailed explanation of this
provisiQn of the act may be obtained upon request from the Wage
and Hour Division, United States Department of Labor, Washington,
D. C., or from the nearest field office, a list of which will be found
WAGE AND HOUR
Atlanta, Ga.-Witt Bldg., 249 Peach-
Baltimore, Md.-606 Snow Bldg.
Birmingham, Ala.-1007 Comer
Bldg., 2d Ave. & 21st St.
Boston, Mass.-304 Walker Bldg.,
120 Boylston St.
Buffalo, N. Y.-Pearl & Swan Sts.
Charleston, W. Va.-805 Peoples
Charlotte, N. C.-221 Post Office
Chicago, Ill.-1200 Merchandise
Mart, .222 West North Bank Drive.
Cincinrnati, Ohio-1312 Traction
Cleveland, Ohio-728 Standard
Bldg., 1370 Ontario St.
Columbia, S. C.-Federal Land
Bank Bldg., Hampton & Marion
Columbus, Ohio-211 Rowlands
Dallas, Tex.-824 Santa Fe Bldg.,
1114 Commerce St.
Denver, Colo.-300 Chamber of Com-
Des Moines, Iowa.-227 Old Federal
Detroit, Mich.-348 Federal Bldg.
Honolulu, T. H.-345 Federal Bldg.
Houston, Tex.-605 Federal Office
Indianapolis, Ind,-108 E. Wash-
ington St. A
Jackson, Miss.-402 Deposit Guar-
anty Bank Bldg.
Jacksonville, Fla.-456 New Post
Kansas City, Mo.-504 Title &
Trust Bldg., 10th & Walnut Sts.
Little Rock, Ark.-333 State Capitol
Los Angeles, Calif.-417 H. W.
Louisville, Ky.-1106 Republic Blvd.
Manchester, N. H.-227 Post Ofce
Milwaukee, Wis.-298 Federal Bldg.
Minneapolis, Minn.-406 Pence
Bldg., 730 Hennepin Ave.
Nashville, Tenn.-Medical Arts
Bldg., 119 7th Ave. North.
Newark, N. J.-1004 Kinney Bldg.,
790 Broad St.
New Orleans, La.-1512 Pere Mar-
New York, N. Y.-30th St. & 9th
Ave., Parcel Post Bldg.
Oklahoma City, Okla.-523 Fed-
Pawtucket, R. I.-214 Post Office
Peoria, I111.-342 Post Office Bldg.
Philadelphia, Pa.-1216 Widener
Bldg., Chestnut & Juniper Sts.
Pittsburgh, Pa.-219 Old Post Office
Portland, Maine.-309 Federal Bldg.
76 Pearl St.
Portland, Oreg.-315 Customhouse.
Raleigh, N. C.-507 Raleigh Bldg.,
Hargett & Fayetteville Sts.
Richmond, Va.-215 Richmond
Trust Bldg., 627 East Main St.
Salt Lake City, Utah.-207 Boston
San Antonio, Tex.-583 Federal
San Francisco, Calif.-785 Market
San Juan, Puerto Rico.-Box 112
Seattle, Wash.-305 Post Office
Spokane, Wash.-228 Hutton Bldg.
St. Louis, Mo.-100 Old Federal
St. Paul, Minn.-137 State Office
Worcester, Mass.-503 Federal Bldg,
U. S. GOVERNMENT PRINTING OFFICE: 1941
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