TIFFIN — Testimony began Monday in a wage-review hearing for three employees at a sheltered workshop in Fostoria run by the Seneca County Board of Developmental Disabilities.
The case stems from a petition filed in November by Disability Rights Ohio, asking the U.S. Labor Department for a wage review for three of its clients who work at Seneca Re-Ad Industries Inc.
The petition contends that the three, who each have developmental disabilities and make about $3 per hour, should be paid minimum wage because the Re-Ad Center did not adequately compare their productivity to commensurate work done by those without a disability.
The Re-Ad Center is operated by the Seneca County Board of Developmental Disabilities through a partnership with Roppe Industries, a private flooring company.
Judge Steven Bell, an administrative law judge for the Labor Department, is presiding over the case, which is being held at the Seneca County Common Pleas Court in Tiffin.
On Monday, plaintiff Ralph “Joe” Magers testified that his performance had been evaluated on only one of the several jobs he has done at the facility and that his job performance is timed for between one and five minutes, which his lawyers say is not a true representation of his abilities. Mr. Magers testified he is legally blind.
He also testified that he sometimes has difficulty distinguishing colors, which attorneys for the defendants questioned him on whether it affects his work performance.
Sheltered workshops pay workers less than minimum wage as a way to create employment opportunities for those with physical or mental handicaps. Pay is determined on a scale comparing workers’ productivity to those without disabilities doing the same or similar work.
Employers in the United States who pay subminimum wages must have a certificate from the Wage and Hour Division at the Department of Labor. Special wages are allowed under the Fair Labor Standards Act for those with disabilities as long as the disability “actually impairs the worker’s earning or productive capacity for the work being performed.” Workers have the right to petition a wage review.
Plaintiffs’ attorneys told the judge in opening statements that they are asking for minimum wage back pay for each client for three years. Testimony continues today.
Contact Lauren Lindstrom at llindstrom@theblade.com, 419-724-6154, or on Twitter @lelindstrom.
First Published January 5, 2016, 5:26 a.m.