(a) No employer may reduce the minimum hourly wage rate, guaranteed
by a special minimum wage certificate in effect on June 1, 1986, of any
worker with disabilities from June 1, 1986 until May 31, 1988, without
prior authorization of the Secretary.
(b) This provision applies to those workers with disabilities who
were:
(1) Employed during the pay period which included June 1, 1986, even
if no work was performed during that pay period; and
(2) Employed under a group or individual special minimum wage
certificate which specified a minimum guaranteed rate, i.e., a special
certificate issued under former section 14(c) (1) or (2)(b) of FLSA.
(c) In order to obtain authority to lower the wage rate of a worker
with a disability to whom this provision applies to a rate below the
certificate rate, the employer must submit information as prescribed
under this section to the appropriate Regional Office. The burden of
establishing the necessity of lowering the wage of a worker with a
disability rests with the employer.
(d) In reviewing a request to lower a wage rate of a worker with a
disability, documented evidence of the following will be considered:
(1) Any change in the worker's disabling condition which has a
substantially negative impact on productive capacity;
(2) Any change in the type of work being performed in the facility
which would affect the productivity of the worker with a disability or
which would result in the application of a lower prevailing wage rate;
(3) Any change in general economic conditions in the locality in
which the work is performed which results in lower prevailing wage
rates.
(e) A wage rate may not be lowered until authorization is obtained.
