[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR525.5]

[Page 138-139]
 
                             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. 525.5  Wage payments.

    (a) An individual whose earning or productive capacity is not 
impaired for the work being performed cannot be employed under a 
certificate issued pursuant to this part and must be paid at least the 
applicable minimum wage. An individual whose earning or productive 
capacity is impaired to the extent that the individual is unable to earn 
at least the applicable minimum wage may be paid a commensurate wage, 
but only after the employer has obtained a

[[Page 139]]

certificate authorizing payment of special minimum wages from the 
appropriate office of the Wage and Hour Division of the Department of 
Labor.
    (b) With respect to patient workers employed in institutions, no 
deductions can be made from such individuals' commensurate wages to 
cover the cost of room, board, or other services provided by the 
facility. Such an individual must receive his or her wages free and 
clear, except for amounts deducted for taxes assessed against the 
employee and any voluntary wage assignments directed by the employee. 
(See part 531 of this title.) However, it is not the intention of these 
regulations to preclude the institution thereafter from assessing or 
collecting charges for room, board, and other services actually provided 
to an individual to the extent permitted by applicable Federal or State 
law and on the same basis as it assesses and collects from nonworking 
patients.