Yes! You can use AI to fill out Form WH-226, Application for Authority to Employ Workers with Disabilities at Subminimum Wages

WH-226 has a Form Complexity Index of 66 out of 100, placing it in the complex complexity tier. This score is calculated deterministically from the form’s own structure using Instafill’s published Form Complexity Index methodology, so it can be reproduced and independently verified — it is not a subjective estimate.

For WH-226 specifically, the score reflects 165 fillable fields across 5 pages, grouped into 34 sections, plus 4 pages of printed instructions. The number of fields is the largest factor in the base score (weighted 36%), followed by how difficult those fields are to complete based on their type, where free-text and signature fields count for more than simple checkboxes (26%). The number of pages that actually contain fields (15%), the amount of conditional “fill-only-if” logic (16%), and how many sections the form is divided into (7%) account for the rest of the base. On top of that base, the index adds points for tables and repeating lists, bundled instruction pages, and dense page layouts — capturing difficulty the base alone can miss.

In practical terms, a complex score means the form is demanding, with many fields, multiple pages and branching rules that are easy to get wrong. Instafill removes that effort entirely: our AI reads your information, maps each value to the correct field — including the conditional ones — and completes WH-226 accurately in under a minute, with every field available for you to review before you download. See exactly how the Form Complexity Index is calculated.

Form WH-226, Application for Authority to Employ Workers with Disabilities at Subminimum Wages, is used by employers to apply for a certificate that authorizes them to pay wages below the federal minimum wage to workers who have disabilities that impair their productivity for the work being performed. This form is part of the application process to ensure that the wages are commensurate with those paid to workers without disabilities performing similar work and that the employment is in compliance with the terms of the certificate.

The certificate for employing workers with disabilities at subminimum wages is issued by the Wage and Hour Division (WHD) of the U.S. Department of Labor. Employers must submit Form WH-226 along with supplementary documentation to the WHD to apply for this certificate.

The OMB Control Number for Form WH-226 is a unique number assigned by the Office of Management and Budget (OMB) that identifies the form for tracking and management purposes. The specific OMB Control Number for Form WH-226 should be listed on the form itself, as it may change with revisions and updates to the form.

The current OMB approval for Form WH-226 has an expiration date that is typically indicated on the form itself. This date signifies when the form's approval by the OMB is due for renewal. Employers and other stakeholders should refer to the latest version of Form WH-226 for the most up-to-date expiration date.

The employment of workers with disabilities at subminimum wages is allowed under specific provisions of the Fair Labor Standards Act (FLSA), as amended. Section 14(c) of the FLSA permits employers, who have received a certificate from the Wage and Hour Division, to pay workers with disabilities at wages less than the federal minimum wage. This is intended to prevent the loss of employment opportunities for these individuals.

The completed Form WH-226 should be submitted to the Wage and Hour Division of the U.S. Department of Labor. It is recommended to check the latest instructions on the Department of Labor's website or contact the local Wage and Hour Division office for the specific address or electronic submission guidelines.

Once completed, a copy of Form WH-226 should be retained by the employer for their records. Additionally, the form must be submitted to the Wage and Hour Division for review and approval. Employers should ensure that all information is accurate and that they comply with any submission requirements, such as including necessary documentation or additional forms.

For an employer to be authorized to pay subminimum wages to workers with disabilities, certain conditions must be met, including demonstrating that the disability impairs the worker's earning or productive capacity, paying wages commensurate with those paid to workers without disabilities performing similar work, and ensuring that the wage rates are reflective of the worker's productivity. Additionally, the employer must comply with all applicable regulations under the Fair Labor Standards Act (FLSA) section 14(c) and receive certification from the Wage and Hour Division.

The wage rates of hourly-rated employees paid under FLSA section 14(c) must be reviewed at least every six months. The purpose of this review is to ensure that the wages paid to workers with disabilities are commensurate with their productivity and the prevailing wage rates for similar work performed by workers without disabilities in the area.

Establishments that can request authority to employ workers with disabilities at subminimum wages include businesses, educational institutions, and nonprofit organizations that have received certification from the Wage and Hour Division. These establishments must demonstrate that they provide the workers with disabilities opportunities for employment that are commensurate with their abilities and that they comply with the special conditions set forth by FLSA section 14(c).

Employers applying for authority to employ workers with disabilities at subminimum wages must provide detailed information including the nature of the work to be performed, the disability or disabilities of the workers to be employed, and the proposed wage rate. They must also demonstrate that the wages are commensurate with those paid to workers without disabilities performing similar work, taking into account the worker's productivity. Additionally, employers must provide evidence of compliance with applicable labor standards and any state or local laws, and they must outline the methods used to determine the subminimum wage rates.

Yes, there are specific requirements for conducting a prevailing wage survey for workers paid subminimum hourly wage rates. The survey must be representative of the geographic area and the industry. It should include wage data from similarly situated employers for similar jobs, and the data must be current. The employer must also ensure that the survey methodology is statistically valid and that it accurately reflects wage rates paid to experienced workers who do not have disabilities for similar work.

Documentation for work measurement or time study for workers paid subminimum hourly wage rates must include a detailed description of the methods used to determine the productivity of workers with disabilities compared to workers without disabilities performing similar tasks. This may involve time studies, work sampling, or other recognized industrial engineering practices. The documentation should also include the credentials of the person conducting the study, the number of cycles observed, the standard established, and any additional information that supports the determination of the subminimum wage rate.

The process for conducting a prevailing wage survey for workers paid subminimum wages on a piece rate basis involves identifying comparable piece rates paid by other employers in the local area for similar work. The survey must take into account the quality and quantity of work that can be performed by a worker without disabilities at an experienced level. Employers must ensure that the piece rates are set such that a worker with a disability who is as productive as an experienced worker without a disability can earn at least the minimum wage.

In the context of Form WH-226, a representative payee for Social Security benefits may be involved in managing the benefits of a worker with disabilities who is paid subminimum wages. The representative payee is responsible for ensuring that the Social Security benefits are used for the care and well-being of the beneficiary. They may also need to provide input or documentation regarding the worker's earnings and the impact of subminimum wage employment on their benefits. The representative payee's role is to protect the financial interests of the worker with disabilities.

No, employers cannot credit the cost of facilities provided (such as meals, lodging, or other amenities) towards meeting the minimum or subminimum wage obligations for workers with disabilities. The Fair Labor Standards Act (FLSA) requires that workers with disabilities who are eligible to be paid at subminimum wages under special certificates must still be paid wages that are commensurate with their productivity relative to the wage and productivity of experienced workers without disabilities performing essentially the same type of work.

Temporary authority refers to the provisional permission granted by the Department of Labor to an employer to pay workers with disabilities at subminimum wages while their application for a full authority (certificate) is being processed. Employers who wish to pay subminimum wages to workers with disabilities for the first time or those who are renewing their certificates can request temporary authority using Form WH-226. This allows them to continue operations without interruption while their application is under review.

Under the Workforce Innovation and Opportunity Act (WIOA), employers paying subminimum wages to workers with disabilities must ensure that these workers receive career counseling and information about training opportunities in their local area at least once every six months for the first year of employment and annually thereafter. Additionally, employers must provide documentation demonstrating that the workers with disabilities have been informed of these services. The WIOA also requires that workers with disabilities under the age of 24 receive pre-employment transition services, vocational rehabilitation, and career counseling before they can be paid subminimum wages.

To comply with WIOA requirements for workers age 24 or younger paid subminimum wages, employers must ensure that these young workers have completed transition services under the Individuals with Disabilities Education Act (IDEA), received pre-employment transition services under WIOA, and have been provided vocational rehabilitation services. Employers must also obtain, verify, and retain documentation that these services have been provided. Additionally, the employer must provide the worker with information about local training and employment options, including those provided through the workforce development system, and ensure that the worker has been provided career counseling and information about self-advocacy, self-determination, and peer mentoring opportunities.

The public burden statement related to Form WH-226 discloses the estimated average time burden for individuals and businesses to complete the form, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This statement is mandated by the Paperwork Reduction Act and is intended to help the public understand the time and resources required to comply with the form's requirements. The Department of Labor provides this estimate to ensure that the public can evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the department and to minimize the burden of information collection on those who are to respond.