[Code of Federal Regulations]

[Title 29, Volume 3]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 29CFR525.21]



[Page 144-145]

 

                             TITLE 29--LABOR

 

         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR

 

PART 525_EMPLOYMENT OF WORKERS WITH DISABILITIES UNDER SPECIAL 

CERTIFICATES--Table of Contents

 

Sec.  525.21  Lowering of wage rates.



    (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



[[Page 145]]



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.