Suggested Changes to Form WH-226, Application for Authority to Employ Workers With Disabilities at Special Minimum Wages

The Fair Labor Standards Act allows disabled individuals to be paid at special minimum wage rates that are lower than the federal minimum wage. This correspondence examines form WH-226, "Application for Authority to Employ Workers with Disabilities at Special Minimum Wages." This form provides the Department of Labor with data on employers and workers covered under the Act. However, GAO found that Labor may not be collecting accurate information on the number of (1) employers because information in one of the items on form WH-226, is incomplete and may be confusing to employers and (2) disabled workers employed under the Act because the time periods specified in two of the items on the form are inconsistent and the instructions may be confusing to employers. Labor could eliminate this confusion by providing clearer instructions for filling out the form as well as eliminating confusing and contradictory language.