Simone Del Rosario: Did you know there are tens of thousands of U.S. workers legally being paid less than the federal minimum wage of $7.25 an hour?

It comes from a Depression-era policy that allows qualified employers to hire workers with disabilities at a subminimum wage. 

14(c) certificates are given to employers to prevent limiting job opportunities for these workers. But the Biden administration believes this is no longer needed and wants to phase it out.

The proposed rule from the Labor Department would immediately stop issuing new 14(c) certificates, and for those employers currently paying subminimum wages, there would be a 3-year phase out period. 

The public comment period on this proposed rule stretches to Jan. 17, 2025, three days before President-elect Donald Trump takes office. It would be up to the Trump administration to review the comments, issue a final rule or withdraw it and keep the program the same.

The practice is dwindling on its own. Department of Labor data shows that since 2001, the number of workers legally being paid this subminimum wage has gone down 90%, from more than 400,000 to 40,000. 

Pushing that decline is the fact that 15 states have already outlawed or are in the process of phasing out 14(c) certificates. That’s according to data compiled by the Association of People Supporting Employment First. 

For the approximately 40,000 workers getting paid less than minimum wage, the Labor Department says 91% have intellectual or developmental disabilities. Ninety-three percent of them work for community rehabilitation programs, local community organizations that work with adults with disabilities. 

The Labor Department says the median hourly wage is $3.46, less than half the federal minimum wage. About half the workers make less than $3.50 an hour. About 10% make less than $1 per hour.