(A) "Department"
means the department of Commerce. .
(B)
"Employee
or worker with a disability" means an
individual whose earning capacity is impaired by physical or mental impairment
or injuries for the work he or she is to perform.
(C) "Competitive employment" means
employment of a worker with a disability whose earning or productive capacity
would yield wages equal to at least fifty per cent of the minimum wage and at
wages commensurate with those for workers who do not have a disability for
essentially the same type, quality, and quantity of work.
(D)
(C) "Work activities center" means a workshop, or a
physically separated department of a workshop, conducted not for profit, having
an identifiable program, separate supervision and records, planned and designed
exclusively to provide therapeutic activities for
disabled workers
worker with
a disability whose physical or mental impairment is so severe as to make
their productive capacity inconsequential. Therapeutic activities shall include
custodial activities where the focus is on teaching the basic skills of living
and any purposeful activity so long as work or production is not the main
purpose. No work activities center or separate department thereof shall qualify
as a work activities center if the average productivity is more than fifty per
cent of the minimum wage per year as measured by dividing the total annual
earned income of the work program, less the cost of purchased materials used,
by the average number of clients in the work program. (The average number of
clients shall be determined by taking the average of the total number of
clients in the work program on the last day of each quarter in the previous
fiscal year, provided such average is representative of the average number of
clients employed during the entire year.) No individual worker whose
productivity substantially exceeds this average shall be employed at less than
the statutory minimum wage under a work activities center certificate.
(A
disabled
worker
worker with a disability whose
productivity substantially exceeds the average may be certified under rules for
individual rates in rare and unusual cases where necessary to avoid extreme
hardship, if the individual is unable to earn the statutory minimum because of
his disability, and if his production and earnings are included in the
average.
) Information to be considered will
include the severity of the
disability of the
disabled workers
worker with a disability
employed and other pertinent factors.
(E)
(D) "Sheltered
workshop" means a public or private organization or institution conducted not
for profit, but for the purpose of carrying out a recognized program of
rehabilitation for
disabled workers
workers with a disability or other occupational
rehabilitation activity of an educational or therapeutic nature and/or
providing such workers with remunerative employment at less than minimum wage
but more than fifty per cent of the minimum wage per year as measured by
dividing the total annual earned income of the work program, less the cost of
purchased materials used, by the average number of clients in the work program.
(1) The average number of clients shall be
determined by the average of the total number of clients in the work program on
the last day of each quarter in the previous fiscal year, provided such average
is representative of the average number of clients employed during the entire
year.
(2) A
disabled worker
worker with a disability whose productivity
substantially falls below the average may be certified under rules for
individual rates in rare and unusual cases where necessary to avoid extreme
hardship, and if his production and earnings are included in the average.
Information to be considered will include the severity of the
disability of the disabled workers
worker with a disability employed and other pertinent
factors.
(F)
(E) "Trainee with a
disability" means an individual whose earning capacity is impaired by physical
or mental impairment or injuries and who is receiving training in industry
under any recognized vocational program.
