§ 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).
This section cited in 34 Pa. Code § 231.73 (relating to special certificate).
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