Form Wh-226 - Application For Authority To Employ Workers With Disabilities At Special Minimum Wages - 2008 Page 4
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4INSTRUCTION SHEET
GENERAL INSTRUCTIONS
1) This application is to be used to apply for a subminimum wage certificate under the Fair Labor Standards Act (FLSA), the Walsh–Healey Public Contracts
Act (PCA), and the McNamara–O’Hara Service Contract Act (SCA). Payment of subminimum wages to workers with disabilities is authorized only under
certificates issued under FLSA section 14(c). State Agencies and the Veterans Administration may also request immediate temporary certificate
authority by completing this application.
2) This application process is authorized by FLSA section 14(c). While completion of this form is voluntary, authority to pay less than the applicable
minimum wage will not be granted unless a properly completed application is submitted.
3) Complete one copy of this form and send it to the following address: U.S. Department of Labor, Employment Standards Administration, Wage and Hour
Division, 230 South Dearborn Street, Room 514, Chicago, Illinois, 60604. Keep a copy of the application for your records.
4) For item #1: A community rehabilitation center (often in the past referred to as a sheltered workshop) is a facility that is engaged primarily in providing
rehabilitation and employment opportunities to workers with disabilities. A patient worker is a worker with a disability who is employed by a hospital or
institution that provides residential care where such worker receives treatment and care. A business establishment, for purposes of this application,
is an employer in private industry (who is not a work center or employer of patient workers) that is seeking permission to employ workers with disabilities
at special minimum wages. A school work experience program (SWEP) is a school operated program by which students with disabilities may be placed
in jobs with private industry within the community.
5) Do not submit a separate application for each branch establishment, supported employment work site (including enclaves), or school work experience site.
Instead, report these in the spaces provided in Item 6 and complete and submit a separate form WH-226A for each site where workers with disabilities are
(will be) employed at special minimum wages. If you operate a work center and employ patient workers, you will receive two separate certificates. Likewise,
you will receive separate certificates for each branch establishment and school work experience program site for which you completed a WH-226A.
Workers with disabilities paid special minimum wages who work at supported employment sites, including enclaves, however, are covered by the certificate
issued the main establishment of the supervising work center.
For Item #6: A branch establishment is a physically separate establishment of the same enterprise. A supported employment work site is a location, outside
of the work center or rehabilitation center, often on the premises of an enterprise separate from the work center or rehabilitation center, where workers with
disabilities paid special minimum wages are placed in employment settings along with work center staff (job coaches). An enclave is a supported
employment work site where a group of workers with disabilities is working and supervised by staff from the work center. A school work experience
program (SWEP) site is a workplace in the community in which a school system has placed a student(s) with disabilities to work in a job(s) at special
minimum wages.
SPECIAL INSTRUCTIONS FOR SCHOOL WORK EXPERIENCE PROGRAMS (SWEPS)
The rehabilitation counselor or coordinating official of the school may submit a group application covering all of the students with disabilities and all of the
employers participating in a school work experience program. Employers are responsible for compliance with all applicable child labor laws, minimum wage
standards, certificate and recordkeeping requirements. The students participating in a school work experience program must be paid commensurate wage
rates based upon the students’ productivity in proportion to the wage and productivity of experienced workers who do not have disabilities performing essentially
the same type, quality, and quantity of work in the vicinity in which the students are employed. Complete all items except 12.
Item 1(A)
Check “School Work Experience Program”
Item 2
Enter Identifying Information for School
Item 3
Enter School District Information
Item 4
Check “Other” and Enter “SWEP”
Items 9 and 11
Complete for the four types of work in which the greatest number of students with disabilities are employed at special
minimum wages. If fewer than four types of jobs exist, enter “n/a” in the “Description of Work” blocks which are not used.
Item 14
Must Be Signed by the Counselor or Coordinating Official of the School
SPECIAL INSTRUCTIONS FOR VOCATIONAL REHABILITATION COUNSELORS OR VETERANS ADMINISTRATION
TRAINING OFFICERS REQUESTING IMMEDIATE TEMPORARY CERTIFICATION TO PAY SPECIAL MINIMUM WAGES
Complete All Items of This Application.
Item 1(A)
Check “Business Establishments (Special Worker)”
Item 2
Enter Name and Location of Employer Where Workers with Disabilities Are to Be Placed
Item 3
Enter the Name and Address of the Veterans Administration Office or State Vocational Rehabilitation Agency
Which Is Seeking Temporary Authority
Item 4
Check “Other” and Enter the Type of Business in Which the Worker with a Disability Is Being Placed
Items 9 and 11
Complete for the Work Sites Where the Workers with Disabilities Will Be Employed at Special Minimum Wages
Item 12
Check the Box
Item 14
Must Be Signed by the Vocational Rehabilitation Counselor or Veterans Administration Training Officer
Form WH-226
Rev. January 2008
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