2011-K1138
LEGISLATIVE RESOLUTION urging the New York State Congressional deleg-
ation to pass H.R. 3086, the Fair Wages for Workers with Disabilities
Act
WHEREAS, It is the sense of this Legislative Body to urge the New York
State Congressional delegation to pass H.R. 3086, the Fair Wages for
Workers with Disabilities Act; and
WHEREAS, Current Federal Law allows for the Secretary of Labor to
grant special wage certificates that allow entities to pay their disa-
bled workers at rates lower than the minimum wage; this particular prac-
tice dates back to the 1930s; and
WHEREAS, Employees with disabilities can be as productive as non-disa-
bled employees and are yet not paid equally; and
WHEREAS, Employers who pay under the minimum wage for disabled employ-
ees tend to exploit the cheap labor provided, rather than prepare them
for integrated employment in the mainstream economy; and
WHEREAS, Many employers who have a history of rendering sub-minimum
wages, benefit from philanthropic donations; they claim that paying
their employees minimum wage would result in lack of profitability and
forced reduction of their workforces; and
WHEREAS, Other employers recognizing this minimum payment as an
exploitation of disabled workers are now paying the federal minimum
wage; the Wage and Hour Division of the Department of Labor is charged
with the responsibility for oversight of these special wage certif-
icates; and
WHEREAS, The Wage and Hour Division is incapable of enforcing compli-
ance with the sub-minimum wage provision; it is imperative that the Fair
Wages for Workers with Disabilities Act be enacted; and
WHEREAS, The Fair Wages for Workers with Disabilities Act is designed
to help workers with disabilities obtain competitive employment and
receive proper wages; now, therefore, be it
RESOLVED, That the New York State Congressional delegation be and
hereby is respectfully memorialized by this Legislative Body to pass
H.R. 3086, the Fair Wages for Workers with Disabilities Act; and be it
further
RESOLVED, That copies of this Resolution, suitably engrossed, be tran-
smitted to each member of the Congressional delegation from the State of
New York.