Disability Rights Ohio Seeks DOL Administrative Wage Review

Last week, three workers from Seneca Re-Ads, a facility-based employment center run by the County Board of Developmental Disabilities in Seneca County Ohio filed a petition with the United States Department of Labor for an administrative review of their wages in an expedited process. The workers were supported in filing their petition by Disability Rights Ohio, the National Federation of the Blind, the Autistic Self-Advocacy Network, and the Baltimore law firm of Brown, Goldstein, & Levy, LLP, who collectively published a news release announcing the action.

The petition for administrative review is available to workers through a little-known provision within the law that permits employers to pay workers with disabilities at a special minimum wage. It is believed that the petition filed last week represents the first time this provision has been utilized. 

The workers have asserted that their disabilities, which include visual impairments and autism, do not impair their workplace productivity, and that Seneca Re-Ads’ method of calculating wages fails to fairly measure their productivity or take into account the prevailing wage for similar highly skilled production work in the community. Further, they are seeking compensation for unpaid hours of work in which they were required to attend mandatory staff meetings and safety trainings.