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Advocacy Action: Subminimum Wage Reform
Advocacy Action: Subminimum Wage Reform

Flyer-Sub Minimum Wage Report


People First Wisconsin would like to know what happened to the July 2008 report and recommendations of the Special Minimum Wage Advisory Council that was sent by Jennifer Ortiz, Administrator of the Equal Rights Division to Roberta Gassman, Secretary of the Department of Workforce Development.

The Special Minimum Wage Advisory Council met from 2005 – 2008.  The council was asked to make recommendations to the department based upon the consensus of the appointed members of the council.  The council agreed on thirteen recommendations.  We don’t think the Department of Workforce Development has  acted on any of the recommendations.


We believe it is important that the state act on the following recommendations:
  
        __ issue two-year special minimum wage licenses for sheltered workshops and individuals

        __ adopt the U.S. Department of Labor application as Wisconsin’s special minimum wage application form, with the additional requirement that applicants submit information on each worker indication their total hours worked and total wages earned per year.

        __ make license application and renewal materials available on-line and permit submission on-line.

         __ use the Department’s internet website to provide on-line time study calculation forms that auto-calculate totals when raw data is entered.

         __ prepare and submit to the Secretary, the Wisconsin Rehabilitation Council and the Governor’s Committee on People with Disabilities a biennial report on sub-minimum wage licensure.

        __ provide on-line FAQ documents which include information about how to accurately determine what is compensable and non-compensable time and provide information about posters that are required to be placed in the workplace.

        __ increase the amount of technical assistance the Department provides to sheltered workshops.

        __ revise the special minimum wage poster

        __ have DWD or a recognized auditing agency needs to conduct compliance audit monitoring of sheltered workshops and individual licenses.

       
__ revise DWD 272.09(1) (a) to define “commensurate wage” as “wage rates paid which are in keeping with those paid to non-disabled, experienced workers in industry in the vicinity for essentially the same type, quality and quantity of work”.

        __ revise DWD 272.09 (5) (a) 3 “productivity of a worker with a disability compared to the norm established…” to add “taking into account available reasonable accommodations and assistive technology.”

        __ have the DWD Secretary work with the DHS Secretary to look at how to set standards for determining if there is evidence of progress (successful rehabilitation) for an individual in a sheltered workshop.

        __ should set a floor for the special or sub-minimum wage for people with disabilities since there is a wage floor for all other workers in Wisconsin.


There is no floor for the special minimum wage for people with disabilities.  If you fill out the right paperwork you can pay a person with disabilities anything.  There is a license in Wisconsin where it is legal to pay a particular man with disabilities in Southeastern Wisconsin 1/3 of a penny an hour.  He must work three hours to earn one penny. 

In Wisconsin, nearly 4,000 people with disabilities are legally being paid less than $1 dollar an hour.  We at People First Wisconsin believe that there needs to be at least a $1 floor.  No one should have to legally be paid pennies for an hour’s worth of work.

The Department of Workforce Development has had the report for 2 years.  People First Wisconsin wants to find out about when DWD plans on implementing the recommendations of the Special Minimum Wage Advisory Council.


 

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