The idea is simple: Every worker in Ohio should earn more than the minimum wage, even if they have a disability.
But in reality, the debate over whether people with disabilities should earn minimum wage is much more controversial and complicated. According to federal labor statistics, as of mid-2023, approximately 44,434 people with disabilities nationwide were earning less than the minimum wage.
“They shouldn’t be relegated to a workspace that pays $3 or $4 an hour,” said Rep. Dontavious Jarrells, a Columbus Democrat who is working on a bill to change that. “They should be integrated into the larger community and seen as human beings.”
As the debate continues, court decisions, proposed legislation and future changes to the $15 minimum wage could shake up the system.
What is below minimum wage?
The federal Fair Labor Standards Act of 1938 allows employers to pay people with disabilities less than the minimum wage. When this law was enacted, it helped people with disabilities participate in the workforce instead of being confined to institutions.
Jan Dougherty, co-president of the Ohio Association of First Employers, said the push to pay people with disabilities at or above the minimum wage is now a civil rights issue. “They should have the same rights as the rest of us, whether they have a disability or not.”
Read more: Far below minimum wage
But relatives of people with severe disabilities are concerned that the minimum wage hike will eliminate the ability to earn piecework based on the number of items built or completed. Without that option, these people may lose the means to work.
“About 20 percent of the most severely disabled people are going to fall through the cracks and lose their jobs,” said Rep. Scott Lipps, a Republican from Franklin who is working with Jarrells on the bill. “These parents are worried about what will happen to their children if they are taken away. Are they really going to be locked up in an institution and forced to sit in front of a TV for 10 to 12 hours a day?”
Jarrells said he doesn’t want to eliminate workshop programs, but that workers who are able to work locally would benefit from doing so. “Workshops have a place, but I think it’s important to have conversations about wages, too,” he said. “People with disabilities are just as capable as anyone else. That’s all there is to it.”
How do we eliminate sub-minimum wage wages?
House Bill 427, introduced by Jarrells and Lips, would prohibit paying people with disabilities less than the minimum wage after five years. The bill currently does not offer any incentives for employers or workplaces to switch to the minimum wage, but the senators plan to include tax breaks and subsidies in future versions of the bill.
That’s important because about 3,000 disabled people will need new options if work centers close or change their approaches, said Adam Herman, CEO of the Ohio Association of County Commissioners, which took a neutral stance on the bill. “Legislation alone won’t put people in competitive jobs.”
More than a dozen states have eliminated subminimum wage systems for people with developmental disabilities, and the number of subminimum wage systems in Ohio has declined over the past decade.
“Even without legislation, subminimum wages have been in the process of being phased out for years,” Herman said. “The expectations of families and society at large about supporting people with disabilities working in the community have changed dramatically, but we still have a long way to go.”
Previous efforts to eliminate subminimum wage wages in Ohio have been stalled due to disputes over how to proceed. Lipps said there is “no path” for the latest bill to pass by the end of the year, but he’s hopeful lawmakers can build on the idea and pass it in 2025.
Another problem is that disabled people do not have the lobbying power that other groups have.
“A lot of people are completely unaware that they could be making less than minimum wage,” said Kirsten Sjoberg, CEO of Disability Rights Ohio. “When they find out, I think they’re shocked.”
Meanwhile, a federal judge recently ruled in favor of three visually impaired workers, saying they should be paid their back wages because there was no clear evidence that their disabilities affected their productivity.
“This ruling points out a truth we’ve always known: Subminimum wage exemptions are simply a reflection of society’s low expectations and false assumptions about the capabilities of workers with disabilities,” Mark Riccobono, president of the United States Federation of the Blind, said in a statement.
The ruling doesn’t eliminate subminimum wage pay in Ohio, but Sjoberg said companies could be violating the law if they don’t evaluate the capabilities of employees with disabilities.
Another factor in the debate over subminimum wage wages is a proposed constitutional amendment to raise the minimum wage to $15 an hour by Jan. 1, 2026. Proponents were unable to get the measure in time for the July 3 deadline to get it on the November ballot this year, but are working to put the issue before voters next year.
“If this bill passes, and I believe it will if it is on the ballot, it will have an immediate impact on people who work in the developmental disabilities field,” Jarrells said. “There will be no subminimum wage for people with disabilities.”
Lipps said he will adapt to Ohio voters’ decision to ensure the safety of people with disabilities and help employers adapt to the changes.
“No one involved in this process wants people with disabilities to be left behind. That should never happen,” Lips said.
Jesse Balmert is a reporter in the USA TODAY Network’s Ohio bureau, which serves The Columbus Dispatch, The Cincinnati Enquirer, The Akron Beacon Journal and 18 other affiliated news organizations across Ohio.