HD4 - Subminimum Wage Employment of Individuals with Disabilities (Chapter 782, 2023)


Executive Summary:

Chapter 782 of the 2023 Virginia Acts of Assembly amended the Code of Virginia as relates to the exclusion of individuals with disabilities from coverage under the Virginia Minimum Wage Act. Chapter 782 further directed that:

[T]he Department for Aging and Rehabilitative Services and the Department of Behavioral Health and Developmental Services shall submit a report by May 1, 2024, to the Governor and the General Assembly on the number of individuals with disabilities employed in subminimum wage employment and the movement of individuals from subminimum wage employment to competitive integrated employment.

The following report highlights the current status of individuals with disabilities employed in subminimum wage employment in the Commonwealth of Virginia. Based on data available as of March 1, 2024 from the U.S. Department of Labor, there are currently five remaining employers in Virginia who are legally permitted to pay subminimum wage to individuals with disabilities (also known as “14(c) employers") and they employ 129 people pursuant to these certificates.