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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 53 Pa.B. 7346 (November 25, 2023).

34 Pa. Code § 231.74. Specifications of the certificate.

§ 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.


   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).


   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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