[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: 29CFR525.9]

[Page 139-140]
 
                             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. 525.9  Criteria for employment of workers with disabilities under 
certificates at special minimum wage rates.

    (a) In order to determine that special minimum wage rates are 
necessary in

[[Page 140]]

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.