Fill out Form WH-226, Application for Authority to Employ Workers with Disabilities at Subminimum Wages with Instafill.ai
Form WH-226 is an application used by employers to request permission from the U.S. Department of Labor to pay workers with disabilities at subminimum wage rates. This is allowed under the Fair Labor Standards Act (FLSA), Walsh-Healey Public Contracts Act (PCA), or McNamara-O’Hara Service Contract Act (SCA). It ensures compliance with labor standards and protects the rights of workers with disabilities.
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Form WH-226, Application for Authority to Employ Workers with Disabilities at Subminimum Wages free printable template
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Follow these steps to fill out your WH226 form online using Instafill.ai:
- 1 Visit instafill.ai site and select WH-226
- 2 Enter employer legal and trade name
- 3 Specify application type: initial or renewal
- 4 Provide employer and parent organization details
- 5 Indicate employer status and number of work sites
- 6 List number of workers with disabilities paid subminimum wages
- 7 Attach required wage surveys and time studies
- 8 Sign and date the form electronically
- 9 Check for accuracy and submit form
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Frequently Asked Questions About Form WH-226
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.
You can download a printable version of Form WH226
here.
Compliance WH-226
Validation Checks by Instafill.ai
1
Form Number Match
Ensures that the form number 'WH-226' is accurately reflected on the document, confirming that it matches the provided form name 'Form WH-226, Application for Authority to Employ Workers with Disabilities at Subminimum Wages'. This check is crucial to ensure that the correct form is being processed and that there are no discrepancies between the form number and its title.
2
OMB Control Number Verification
Confirms that the OMB control number '1235-0001' is correctly entered on the form. This validation is essential to comply with the Office of Management and Budget's requirements and to verify that the form adheres to the correct control number as stipulated by the governing body.
3
Form Version Check
Verifies that the form version indicated as 'REV 07/2024' is the most current and corresponds with the form being filled out. This check ensures that users are completing the latest version of the form, which may contain important updates or changes from previous versions.
4
Expiration Date Confirmation
Checks that the expiration date listed on the form is '07-31-2027' and confirms that the form is still valid for use. This validation is critical to prevent the submission of outdated forms that may no longer be accepted by the relevant authorities.
5
Complete Form Pages Check
Confirms that all nine pages of the form are present and accounted for, including the instructions page range '6-9'. This check is important to ensure that the form is complete and that no necessary information or instructions are missing, which could lead to errors in the application process.
6
Validates the signature of the authorized representative in Section 1
This validation check ensures that the signature of the authorized representative in Section 1 of Form WH-226 is present and properly executed. It verifies that the signature is accompanied by a date, confirming that the form has been signed in a timely manner according to the instructions provided. This check is crucial to authenticate the application and to establish the accountability of the representative who has completed the form.
7
Ensures that the application type in Section 2 is correctly indicated
This validation check ensures that the application type specified in Section 2 of Form WH-226 is accurately marked as either an initial application or a renewal. It also reviews any previous 14(c) certificate history that may be noted on the form. This check is important to understand the context of the application and to maintain a proper record of the employer's certification status.
8
Verifies that the employer details in Section 3 are complete and accurate
This validation check verifies that all employer details provided in Section 3 of Form WH-226 are complete and accurate. It encompasses the legal and trade names, addresses, contact information, Employer Identification Number (EIN), telephone, and fax numbers. Ensuring the accuracy of this information is essential for proper identification of the employer and for facilitating any necessary communication.
9
Checks if the parent organization details in Section 4 are provided
This validation check confirms that the details of any parent organization are provided in Section 4 of Form WH-226 when applicable. It also ensures that the mailing preference is clearly indicated. This information is important for establishing the correct hierarchical structure of the employer and for directing correspondence to the appropriate address.
10
Confirms the employer's status and type in Section 5
This validation check confirms the employer's status and type as indicated in Section 5 of Form WH-226. It also determines whether the employer is a local or State educational agency. This check is vital for classifying the employer correctly and for ensuring that the application is processed in accordance with the employer's specific circumstances and legal requirements.
11
Ensures that the total number of establishments and work sites in Section 6 is provided and that a WH-226A form is attached for each site.
The validation process ensures that Section 6 of Form WH-226 accurately reflects the total number of establishments and work sites. It confirms that the number provided is complete and corresponds to the actual number of locations where workers with disabilities are employed. Additionally, the validation verifies that a separate WH-226A form is properly attached for each individual site, as required by the form's instructions. This ensures compliance with the documentation requirements for employers seeking authority to pay subminimum wages.
12
Verifies the accuracy of the information regarding workers with disabilities employed at subminimum wages in Section 7, including the date of the most recently completed fiscal quarter and the breakdown by category.
This validation check verifies the accuracy of the data provided in Section 7 of Form WH-226. It ensures that the information regarding the employment of workers with disabilities at subminimum wages is correct and up-to-date, including the date of the most recently completed fiscal quarter. The validation also checks the breakdown of workers by category, confirming that it is detailed and accurate. This is crucial for assessing the employer's compliance with the regulations governing the employment of workers with disabilities at subminimum wages.
13
Confirms if the employer has government contracts as mentioned in Section 8 and that SCA Wage Determinations are attached if applicable.
The validation process confirms whether the employer has any government contracts, as indicated in Section 8 of Form WH-226. It ensures that the employer's declaration regarding government contracts is accurate and, if applicable, that the Service Contract Act (SCA) Wage Determinations are properly attached. This step is essential to determine the applicability of specific wage standards and to ensure that the employer is adhering to the relevant wage determination requirements under the SCA.
14
Checks the completion of the Prevailing Wage Survey in Sections 9 and 11 for hourly and piece rate workers, respectively, ensuring job details and survey information are provided.
This validation check scrutinizes the completion of the Prevailing Wage Survey found in Sections 9 and 11 of Form WH-226. It ensures that all necessary job details and survey information for both hourly and piece rate workers are thoroughly provided. The validation confirms that the survey data is comprehensive and accurately reflects prevailing wage conditions. This information is critical for establishing appropriate wage rates for workers with disabilities employed at subminimum wages.
15
Verifies the inclusion of work measurement/time study documentation in Sections 10 and 12 for hourly and piece rate workers, respectively.
The validation process verifies that work measurement and time study documentation are included in Sections 10 and 12 of Form WH-226 for hourly and piece rate workers, respectively. It checks that the documentation is present and properly completed, providing evidence of the methods used to establish subminimum wage rates. This validation is key to ensuring that the employer's wage rates are based on accurate and fair assessments of worker productivity in comparison to workers without disabilities performing similar work.
Common Mistakes in Completing WH-226
The absence of a signature from an authorized representative on Form WH-226 invalidates the application. It is crucial to ensure that the individual with the authority to bind the organization signs the form. This signature confirms the accuracy and authenticity of the information provided. To avoid this mistake, double-check the completed form before submission to ensure that the designated representative has signed in the appropriate section.
Form WH-226 requires applicants to specify whether the application is for an initial authorization or a renewal. Neglecting to indicate the application type can lead to processing delays. To prevent this oversight, review the form carefully and mark the correct application type in the designated area. This helps in the proper categorization and timely processing of the application.
If the applicant has previously employed workers with disabilities at subminimum wages under a different employer name, this information must be included in the application. Failing to provide previous employer names can result in an incomplete application. To avoid this error, ensure that all relevant employment history is listed, particularly if there have been changes in the employer's name or ownership.
Providing incomplete employer details, such as the Employer Identification Number (EIN) and contact information, can hinder the application's processing. Accurate and complete employer information is essential for identification and communication purposes. Before submitting Form WH-226, verify that all employer details are filled in correctly, including the EIN, address, phone number, and email address.
For applicants that are part of a larger parent organization, it is mandatory to include the parent organization's details on Form WH-226. Neglecting to provide this information can lead to an incomplete application. To ensure compliance, include all pertinent details of the parent organization, such as the name, EIN, and contact information, if applicable.
Selecting the incorrect employer status or educational agency type can lead to processing delays or rejection of the application. Employers must carefully review the options and select the one that accurately represents their organization's status. It is advisable to consult the definitions provided in the form's instructions or seek clarification if there is any doubt about which status to choose. Accurate selection is crucial for the proper assessment of the application.
Failing to attach a completed WH-226A form for each site where workers with disabilities are employed can result in an incomplete application. Each site must have its own WH-226A form detailing the specific conditions and worker information. Employers should ensure that they complete a separate WH-226A for each location and attach it to the main WH-226 form before submission. This helps the reviewing agency understand the scope and specifics of the employment conditions at each site.
Providing an incorrect total number of workers with disabilities can affect the validity of the application. Employers must ensure that they count all workers with disabilities accurately and include them in the application. Regular verification of employee records and maintaining up-to-date information can prevent this mistake. An accurate count is essential for compliance with regulations and for the authorities to make informed decisions regarding the application.
If the Service Contract Act (SCA) Wage Determinations are applicable to the employer's situation, not attaching them can lead to an incomplete application. Employers should determine if the SCA applies to their workers and, if so, include the appropriate wage determinations with the application. This information is necessary for establishing that the employer is paying the correct wage rates. Employers can obtain the necessary wage determinations from the Department of Labor's website or by contacting the appropriate agency.
Submitting an application with incomplete prevailing wage survey details can hinder the review process. Employers are required to provide comprehensive wage survey information to demonstrate that the wages paid to workers with disabilities are based on prevailing rates. It is important to conduct a thorough wage survey and to fill out all the required fields with accurate data. Employers should double-check the survey details for completeness before attaching them to the application.
Failure to attach documentation for time studies can result in the application being incomplete or rejected. Time studies are essential to establish the productivity level of workers with disabilities in comparison to workers without disabilities performing similar tasks. To avoid this mistake, ensure that all relevant time study documentation is gathered and attached before submitting the application. Double-check the application requirements to confirm which documents are necessary and keep copies for your records.
Omitting job or contract details for piece rate workers can lead to insufficient information for the evaluation of the application. Detailed job descriptions and contract information are crucial for determining the suitability of piece rates for workers with disabilities. To prevent this oversight, thoroughly review the job or contract details for each piece rate position and include all pertinent information in the application. This ensures a clear understanding of the work performed and the basis for the piece rates proposed.
Neglecting to indicate whether the employer is a representative payee can cause confusion regarding the management of the workers' finances. As a representative payee, the employer has additional responsibilities for handling the earnings of workers with disabilities. To correct this error, confirm the employer's status as a representative payee before completing the application and clearly mark the appropriate section. This information is vital for compliance with regulations governing the payment of subminimum wages.
Not specifying if credit for facilities cost was taken can affect the determination of the appropriate wage level for workers with disabilities. Employers may be eligible to take credit for the cost of facilities provided to workers, which can impact wage calculations. To avoid this mistake, determine whether a credit for facilities cost is applicable and explicitly state this in the application. Accurate and complete information helps ensure that wage rates are set fairly and in compliance with the law.
Leaving the section on temporary authority incomplete, when applicable, can delay the processing of the application or result in a denial of temporary authority. Temporary authority may be granted under certain conditions while the full application is being reviewed. To prevent this issue, if temporary authority is sought, make sure to fill out this section completely and accurately. Provide all required information and documentation to support the request for temporary authority.
Employers must verify that Workforce Innovation and Opportunity Act (WIOA) requirements are met for workers under the age of 24 before submitting Form WH-226. This oversight can lead to the rejection of the application. To avoid this mistake, ensure that all WIOA-related documentation and certifications are complete and accurate. Employers should familiarize themselves with WIOA provisions and maintain records demonstrating compliance.
Stapling Form WH-226 or its accompanying documents can cause damage to the paperwork and hinder the processing of the application. Instead, use paper clips or binder clips to organize the documents. This will facilitate the review process by allowing easy access to individual pages and ensure that documents remain in good condition. Always check the submission guidelines for specific instructions on how to prepare your application package.
Submitting Form WH-226 without including all necessary attachments can result in delays or the application being deemed incomplete. Before sending the application, review the checklist of required documents to ensure nothing is missing. Attach all relevant supporting documentation, such as proof of age for workers with disabilities, wage rate justifications, and any previously granted certificates. Double-check the package before mailing to confirm that all components are enclosed.
Utilizing an outdated version of Form WH-226 can lead to the rejection of the application, as it may not contain current legal requirements or information fields. Always obtain the most recent version of the form from the official website or by contacting the appropriate government agency. Verify the form's revision date, which is typically located on the bottom of the form, to ensure it is the latest version. Staying updated with the latest regulations and forms is crucial for a successful application.
Mailing Form WH-226 to an incorrect address can significantly delay the processing of the application or result in it not being received at all. To prevent this, confirm the correct mailing address by consulting the form instructions or the official website. It is advisable to double-check the address before sending the application and consider using certified mail or a delivery service that provides tracking and confirmation of receipt. Keeping a copy of the application for your records is also recommended.
Employers often submit Form WH-226 without retaining a copy for their records. This oversight can lead to complications if the employer needs to reference the form for future inquiries or audits. To avoid this mistake, employers should always make a copy of the completed form before submission. It is advisable to keep the copy in a secure location where it can be easily accessed when needed. Additionally, maintaining a digital copy as a backup can be beneficial for record-keeping purposes.
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