14c Entity Documentation of Information about Self-Advocacy

During a recent call with the Department of Labor, DOL emphasized the following requirement under WIOA: "Certificate-holders are prohibited from paying subminimum wages to any individual with a disability, regardless of age, unless the DSU provides him or her with career counseling, information and referrals, and the employer provides information about local self-advocacy, self-determination, and peer mentoring training opportunities, every six months during the first year of employment, and annually thereafter. Sec. 511(c)(1), (2). The training opportunities may be provided by applicable Federal or State programs or other sources, but must not be provided by an entity that has any financial interest in the individual’s employment outcome. Sec. 511(c)(1)(B). The Department of Education has interpreted this provision to mean that these training opportunities must not be provided by any entity that holds a 14(c) certificate. 34 C.F.R. 397.40(b)(2). WHD will enforce this interpretation in its investigations".

Our understanding is that DOL investigators will be looking for documentation from employers that you have provided information about training opportunities to the individuals you employ at sub-minimum wage. Please note that although The Arc of Indiana is providing information about self-advocacy as part of the Career Counseling & Information and Referral Services (CCIR) sessions, the documentation that employees receive from The Arc of Indiana does not provide documentation that your organization as the employer has met the requirement quoted above. Per the Department of Labor Wage and Hour Division memo published July 27, 2016, "In the event of a WHD investigation, employers may be assessed back wages at the full minimum wage for each affected employee if it is determined that these requirements have not been met."

In our opinion, the documentation your employees receive from The Arc of Indiana from the CCIR sessions will not meet the requirements you need to meet under WIOA as an employer to provide information about local self-advocacy, self-determination, and peer mentoring training opportunities, every six months during the first year of employment, and annually thereafter.

INARF recommends that your organization develop documentation stating that you as the employer arranged to have information about local self-advocacy, self-determination, and peer mentoring training opportunities presented to your employees and the date the information was provided. The information shared by self-advocates at the time they offered career counseling is the type of information that would meet WIOA requirements; however, the documentation form provided only documents career counseling. As an employer you also need documentation that you also provided information about local self-advocacy, self-determination, and peer mentoring training opportunities, every six months during the first year of employment, and annually thereafter. 

As a reminder, your organization will need to have documentation that each employee participated in a CCIR session provided by The Arc of Indiana and that your organization as the employer provided information about local self-advocacy, self-determination, and peer mentoring training opportunities.