REMARKS
Public Advocate Jumaane Williams speaks in support of resolution to eliminate subminimum wage for disabled and young workers
0:57:20
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3 min
Public Advocate Jumaane Williams addresses the Committee on Civil Service and Labor to express support for Resolution 333, which calls on the New York state legislature to pass bills eliminating the subminimum wage for employees based on disability or age. He argues that the current provisions lead to unfair treatment and major pay discrepancies for workers with disabilities.
- Williams cites that some workers with disabilities earn less than $3.50 an hour, with extreme cases as low as 22 cents an hour.
- He notes that 18 other states have already passed similar legislation to end subminimum wage work for people with disabilities.
- The Public Advocate emphasizes that the Fair Labor Standards Act provisions allowing subminimum wages are outdated and need to be addressed for the sake of equity and fair compensation.
Jumaane Williams
0:57:20
Thank you so much, madam chair.
0:57:22
Really appreciate it.
0:57:23
Welcome, everyone.
0:57:24
Thank you for giving me an opportunity.
0:57:26
As was mentioned, my name is Jumaane Williams.
0:57:28
I'm a public advocate of the city of New York.
0:57:30
Thank you to chair de la Rosa and members of the Committee on Civil Service and Labor for holding this hearing and for allowing me to share my statement, which, we call it an opening statement, but it's kind of in the middle now.
0:57:40
Today, I'm speaking on support of resolution 033324, which, reintroduced this legislative session.
0:57:47
The resolution calls the New York state legislature to pass and the government to sign state senate bill s 28, by senator Scofus and his companion state assembly bill a 1006, Assemblyman Steck.
0:58:00
It would eliminate the subminimum wage for employees based on their disability or age.
0:58:04
The bill goes, excuse me, as far back as 2017 and has been reintroduced every session since it is a matter of equity that the state of New York needs to address.
0:58:12
It is time the state legislature gets it to the finish line, and I urge my colleagues to support the resolution for its passage.
0:58:18
Presently, there are provisions outlined by the Fair Labor Standards Act, FLSA, that provides for the employment of individuals with disabilities at wage rates below the statutory minimum, otherwise known as minimum wage.
0:58:30
The intent of such a provision is to prevent employers from deciding against the hiring of individuals based on characteristics such as having a disability.
0:58:37
Employers could receive a subminimum wage certificate from the Wage and Hour Division of the Department of Labor.
0:58:43
Despite an effort to encourage the hiring of individuals with disability, the real life application of the provision still leads to major pay discrepancies and unfair treatment in the workplace.
0:58:52
According to the United States, Government Accountability Office, since 2019, more than half of workers employed by organizations possessing a subminimum wage certificate earn less than $3.50 an hour.
0:59:04
In In a report from NBC News, Goodwill Industries paid some workers with disabilities as little as 22¢ an hour, a brazen abuse of a legal loophole in the FLSA and a showcase of how much how the company undervalues its workers.
0:59:17
Senate Bill s 28, Assembly Bill A 1006 would eliminate these provisions, allowing New York to finally join the 18 other states that have passed legislation that has or will end subminimum wage work for people with disabilities.
0:59:31
The legislation would also impact both New York City and state as possible as both have a significant population of residents living with disabilities.
0:59:39
Approximately 11% of the city's total population live with some type of disability, and approximately 26% of student adults in the state live with disabilities.
0:59:47
Researchers estimate that there are around 1400 workers paid a subminimum wage, with a large portion of them classified as individuals with disabilities.
0:59:55
The FLSA is more than 85 years old, and with it come provisions that may arguably that may be arguably antiquated.
1:00:02
Enacted during the middle of World War 2, the FLSA went into effect when the country experienced financial constraints and a shortage of then current workforce because of the draft for military service.
1:00:11
While the intent of the subminimum wage was to ensure job opportunities for people with disabilities does not entirely account for the loopholes employers will go through to pay employees as little as possible for their work.
1:00:21
Everyone deserves to seek and obtain dignified employment and be compensated fairly.
1:00:26
It's time New York steps up and raids itself of this nearly century old able ableist provision and and I ask my colleagues to support the resolution to push our state legislatures to do so.
1:00:36
Thank you, chair, for hearing this, piece of legislation as well.
1:00:39
Thank you.
Carmen N. De La Rosa
1:00:39
Thank you for putting forward an important legis important legislation.