§ 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.
Authority 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).
Source The provisions of this § 231.74 amended October 2, 2020, effective October 3, 2020, 50 Pa.B. 5459. Immediately preceding text appears at serial pages (368161) to (368162).
Cross References This section cited in 34 Pa. Code § 231.73 (relating to special certificate).
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