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Washington Application for Special Certificate to Employ A Vocationally Handicapped Worker at at Subprevailing Wage Rate

State:
Washington
Control #:
WA-SKU-3360
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PDF
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Application for Special Certificate to Employ A Vocationally Handicapped Worker at at Subprevailing Wage Rate

The Washington Application for Special Certificate to Employ A Vocationally Handicapped Worker at a Subprevailing Wage Rate is a document used to apply for a certificate that allows employers in the state of Washington to employ a worker with a physical or mental disability at a wage rate lower than the prevailing rate. This document is issued by the Washington Department of Labor & Industries and is intended to help employers accommodate such individuals and their unique needs. The application is divided into two parts: Part A and Part B. Part A of the application requires basic information about the applicant, including the name of the employer, the name of the disabled worker, and the nature of the disability. The applicant must also submit a written description of the job duties, the amount of the proposed wage rate, and the number of hours to be worked per week. Part B of the application requires the applicant to submit detailed information about the individual’s skills, qualifications, and experience. The applicant must also provide documentation of the individual’s disability, such as medical records or a disability certification from the state’s Department of Social and Health Services. The applicant must also indicate whether the individual is a member of a protected class, such as a veteran or a person with a disability. The Washington Application for Special Certificate to Employ A Vocationally Handicapped Worker at a Subprevailing Wage Rate is a valuable tool for employers in Washington who are looking to accommodate individuals with disabilities. The application helps employers to ensure that they are providing their employees with fair wages and a safe working environment. There are currently two types of applications: (1) A Special Certificate Application and (2) An Expedited Special Certificate Application.

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FAQ

A number of states have now passed into law an elimination of subminimum wages for disabled people and they are: Alaska. California. Colorado. Delaware. Hawaii. Maine. Maryland. New Hampshire.

Federal law provides minimum wage exceptions under specific circumstances for (1) workers with disabilities, (2) full-time students, (3) employees under 20 years old in their first 90 consecutive days of employment, (4) tipped employees, (5) student learners, (6) apprentices, and (7) messengers.

An employer may pay a tipped employee not less than $2.13 an hour in direct wages if that amount plus the tips received equal at least the federal minimum wage, the employee retains all tips and the employee customarily and regularly receives more than $30 a month in tips.

The 2021 Washington State Legislature ended the practice of allowing workers with a disability to earn less than minimum wage under a subminimum wage certificate. Senate Bill 5284 eliminated new certificates for any employer in Washington State after July 31, 2023 and phases out existing certificates.

Washington's minimum wage of $15.74 (in 2023) is higher than the current federal rate of $7.25. Under federal law and in most states, employers may pay tipped employees less than the minimum wage, as long as employees earn enough in tips to make up the difference. This is called a "tip credit."

Employment of Workers with Disabilities: Section 14(c) of the Fair Labor Standards Act authorizes employers, after receiving a certificate from the Wage and Hour Division, to pay special minimum wages ? wages less than the Federal minimum wage ? to workers who have disabilities for the work being performed.

Subminimum Wage Provisions Employment at less than the minimum wage is authorized to prevent curtailment of opportunities for employment.

GENERAL RULE UNDER THE FLSA IS THAT ALL COVERED EMPLOYEES MUST BE PAID AT LEAST 1.5 TIMES THEIR "REGULAR RATE OF PAY" FOR ALL HOURS PHYSICALLY WORKED OVER 40 HOURS IN A WORKWEEK. FOR TIPPED EMPLOYEES, THE EMPLOYER CANNOT TAKE AN INCREASED TIP CREDIT FOR OVERTIME HOURS WORKED.

More info

09(4)(c) (c) The signed application form constitutes the temporary authority to employ workers with disabilities at special minimum wage rates. This is an application for the authority to employ workers with disabilities at special minimum wage rates under the Fair Labor Standards Act (FLSA),.The student must complete the application for subminimum wage certificate for vocational education students (SFN 51370). Worker with a disability application, permit and records information What businesses qualify for permits for workers with disabilities? Qualifying health benefits being offered to employees. Child labor law provisions apply to employees under 18 years of age. Special Minimum Wages under DWD 279. Social Security recipients and beneficiaries; and; subminimum wage recipients. Request for Permission to Maintain Payroll Records Outside of New Jersey. To keep when subminimum wage certifi- cates are granted?

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Washington Application for Special Certificate to Employ A Vocationally Handicapped Worker at at Subprevailing Wage Rate