34 Pa. Code § 231.74 - Specifications of the certificate
(a)
A certificate will specify, among other things, the name of the worker with a
disability, the name of the employer, the occupation in which the worker with a
disability is to be employed, the authorized subminimum wage rate and the
period of time during which such wage rate may be paid.
(b) A certificate shall be effective for a
period to be designated by the Secretary. The worker with a disability employed
under the certificate may be paid subminimum wages only during the effective
period of the certificate.
(c) The
wage rate set in the certificate will be fixed at a figure designated to
reflect adequately the earning capacity of the worker with a
disability.
(d) A money received by
a worker with a disability by reason of a state or Federal pension or
compensation program for persons with a disability may not be considered as
offsetting any part of the wage due the worker with a disability by the
employer.
(e) Except as otherwise
provided in section 5(a)-(c) of the act (43 P.S. §
333.105(a)-(c)), the worker
with a disability shall be paid not less than 1 1/2 times the regular rate for
hours worked in excess of 40 in the workweek.
(f) The terms of a certificate, including the
subminimum wage rate specified therein, may be amended by the Secretary upon
written notice to the parties concerned if the facts justify the
amendment.
Notes
The provisions of this § 231.74 amended under sections 5(a)(5) and 9 of The Minimum Wage Act of 1968 (43 P.S. §§ 333.105(a)(5) and 333.109).
This section cited in 34 Pa. Code § 231.73 (relating to special certificate).
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