Consider the case of a young man with intellectual disabilities who dreams of securing a job—whether as a dishwasher in a bustling restaurant, stocking shelves in a supermarket, or simply sweeping floors wherever he can find work. Despite his physical strength and capability to perform these tasks, he struggles in the competitive labor market due to his slower pace and unique quirks. His attempts to follow instructions from employers often fall short, leading to a series of short-lived job tenures.
This young man finds himself at the fringes of the labor market, having cycled through numerous jobs over the past few years—many lasting only a week or two, with the exception of a rare employment stint that lasted nearly a year. While he consistently shows up on time—thanks to his supportive parents who drive him—his reliability and health do not guarantee job security or satisfaction. This reality is not uncommon for many individuals like him.
According to the National Institute of Mental Health, nearly 60 million Americans—or one in five—live with mental health challenges. For individuals like this young man, securing even part-time work can significantly enhance their quality of life. Unfortunately, he is acutely aware of his perceived failures in the employment realm, leading to a sense of boredom and dissatisfaction when idle.
A significant factor contributing to his plight is the minimum wage law, which mandates a national pay rate of $7.25 per hour, with some states imposing even higher rates. In his case, his productivity likely does not meet this threshold, making him a financial liability for potential employers. While there are government programs designed to assist individuals with disabilities, qualifying for such support can be an arduous process.
Let’s hypothetically assess his productivity at $3 per hour. If this were the case, he could find steady employment, work as long as he desired, and no longer view himself as a failure. Employers might be willing to hire him at a rate of $2.75 per hour, allowing them to profit while providing him with meaningful work. This scenario would not only improve his life but also alleviate some of the burdens on his parents.
However, any employer who dared to compensate him at such a rate would face legal repercussions due to the minimum wage law. The absurdity of arresting individuals for mutually agreed-upon compensation below the mandated rate highlights the flaws of this legislation. It disproportionately impacts the most vulnerable in our society, effectively barring individuals like him from engaging in productive work.
It is a common misconception that minimum wage laws serve to elevate salaries across the board. In reality, they function more like an imposing barrier, excluding those who cannot meet the stipulated productivity levels. Some states have enacted laws permitting a lower minimum wage for teenagers during summer jobs, ostensibly to provide them with work experience. This fact alone reveals the hypocrisy of the minimum wage law—if it truly benefited workers, why would it need to discriminate against young people seeking summer employment?
The proposition of establishing a special lower minimum wage for individuals with disabilities, perhaps around $1 per hour, deserves consideration. Even better would be a complete repeal of the minimum wage law, allowing for more flexible and equitable employment opportunities. Those responsible for implementing such detrimental legislation should be held accountable for the suffering it has caused to countless individuals like this young man.
Walter E. Block is the Harold E. Wirth Eminent Scholar Endowed Chair and Professor of Economics at Loyola University New Orleans.