Minimum wages: persons with disabilities.
The bill directly impacts the labor codes by eliminating the allowance for subminimum wage, thereby ensuring equal pay for individuals with disabilities. It requires the State Council on Developmental Disabilities to develop a plan that actively involves stakeholders and aims to ensure that by 2025, all employees with disabilities are compensated at least at the state or local minimum wage, whichever is higher. This is part of a broader attempt to combat systemic inequalities in the labor market for individuals with disabilities.
Senate Bill 639, sponsored by Senator Durazo, aims to amend existing labor laws concerning the minimum wage for persons with disabilities in California. Under current law, provisions exist that allow for employees with disabilities to be paid less than the minimum wage through special licenses issued by the Industrial Welfare Commission. SB 639 seeks to prohibit new licenses from being issued after January 1, 2022, and will limit the renewal of existing licenses to those meeting specific benchmarks. The bill establishes a timeline for a multiyear phaseout plan to transition employees with disabilities to earn at least the minimum wage by January 1, 2025.
Overall, the sentiment around SB 639 has been largely positive among advocates who champion disability rights and equal wage practices. Many see the bill as a significant step toward fostering an equitable workplace. However, some stakeholders, particularly organizations that have utilized the special licenses, express concern about the operational implications and potential job losses in regions dependent on subminimum wage roles. The debate has surfaced vital conversations about the dignity of work and the need for integrated employment opportunities for individuals with disabilities.
Notably, contention surrounding the bill arises from the challenges posed by the phaseout of subminimum wages. Critics argue about the feasibility of transitioning thousands of workers who are accustomed to working under different wage standards to jobs that comply with minimum wage laws. Additionally, the law may impose constraints on sheltered workshops, leading to concerns about potential job losses and the economic viability of such organizations. This reinforces the tension between the objective of wage equality and the realities of employment opportunities for individuals with disabilities.