Ohio Admin. Code 4101:9-1-07 - Terms of the individual license
(A) An individual license shall specify the
name of the worker with a disability, the name of the employer, the occupation
in which the individual with a disability is to be employed, the authorized
sub-minimum wage rate and the period of time during which such wage rate may be
paid.
(B) A license shall be
effective for a period to be designated by the director. An individual with a
disability employed under such a license may be paid less than the minimum wage
only during the effective period of the license.
(C) The wage rate fixed in the license shall
be set at a figure designated to reflect the individual with a disability's
demonstrated earning capacity when, after investigation, less than the minimum
wage rate appears to be clearly justified.
(D) Any monies received by an individual with
a disability by reason of any state or federal pension or compensation program
for persons with a disability shall not be considered as off-setting any part
of the remuneration due the worker with a disability by the employer.
(E) The individual with a
disability shall be paid at not less than one and one-half times the regular
rate for hours worked in compliance with the overtime pay provisions of the
law.
(F) The terms of any license,
including the wage rate less than the minimum wage as specified therein, may be
amended by the director of the department upon written notice to the parties
concerned if the facts justify such amendment.
Notes
Promulgated Under: 119.03
Statutory Authority: 4111.05, 4111.06
Rule Amplifies: 4111.06
Prior Effective Dates: 11-1-78; 6-3-04
Rule promulgated under: RC 119.03
Rule authorized by: RC 4111.05, 4111.06
Rule amplifies: RC 4111.06
R.C. 119.032 review dates: 03/03/2004 and 06/03/2009
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