(a) In order to determine that special minimum wage rates are
necessary in order to prevent the curtailment of opportunities for
employment, the following criteria will be considered:
(1) The nature and extent of the disabilities of the individuals
employed as these disabilities relate to the individuals' productivity;
(2) The prevailing wages of experienced employees not disabled for
the job who are employed in the vicinity in industry engaged in work
comparable to that performed at the special minimum wage rate;
(3) The productivity of the workers with disabilities compared to
the norm established for nondisabled workers through the use of a
verifiable work measurement method (see Sec. 525.12(h)) or the
productivity of experienced nondisabled workers employed in the vicinity
on comparable work; and,
(4) The wage rates to be paid to the workers with disabilities for
work comparable to that performed by experienced nondisabled workers.
(b) In order to be granted a certificate authorizing the employment
of workers with disabilities at special minimum wage rates, the employer
must provide the following written assurances concerning such
employment:
(1) In the case of individuals paid hourly rates, the special
minimum wage rates will be reviewed by the employer at periodic
intervals at a minimum of once every six months; and,
(2) Wages for all employees will be adjusted by the employer at
periodic intervals at a minimum of once each year to reflect changes in
the prevailing wages paid to experienced nondisabled individuals
employed in the locality for essentially the same type of work.
