Effective - 28 Aug 2021
178.935. Special certificates for employment of disabled persons at sheltered workshops — commensurate wage requirements — issuance of certificate, criteria. — 1. For the purposes of this section, the following terms mean:
(1) "Certificate", authorization issued to employers by the department to pay special wages to workers who have disabilities for the work being performed;
(2) "Commensurate wage", a wage paid to a disabled person when his or her disability impairs his or her productive and earning capacities for the work being performed. The wage shall be commensurate with the worker's productivity as compared to the wage and productivity of an experienced worker who is not disabled.
2. Notwithstanding any provision of law to contrary, the department, to the extent necessary to prevent the curtailment of opportunities for employment, shall provide for the employment, under special certificates, of disabled persons at sheltered workshops, at wages which are:
(1) Lower than the wage rate applicable under sections 290.500 to 290.530;
(2) Commensurate with those paid to nondisabled workers, employed in the vicinity in which the persons under the certificates are employed, for essentially the same type, quality, and quantity of work; and
(3) Related to the person's productivity.
3. The department shall not issue a certificate under subsection 2 of this section unless the sheltered workshop provides written assurances to the department of the following:
(1) In the case of persons paid on an hourly rate basis, wages paid in accordance with subsection 2 of this section shall be reviewed by the sheltered workshop at periodic intervals at least once every six months; and
(2) Wages paid in accordance with subsection 2 of this section shall be adjusted by the sheltered workshop at periodic intervals, at least once each year, to reflect changes in the prevailing wage paid to experienced nondisabled persons employed in the locality for essentially the same type of work.
4. Notwithstanding the provisions of subsection 2 of this section, no sheltered workshop shall be permitted to reduce the hourly wage rate prescribed by certificate under this section of any disabled worker for a period of two years from such date without prior authorization from the department.
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(L. 2021 H.B. 432)