32 Miss. Code. R. 10-11-11.2

Current through December 10, 2024

Section 32-10-11-11.2 - USE Of Subminimum Wage

Under Section 511 of the Rehabilitation Act of 1973, as amended, OVR/OVRB is obligated to provide Career Counseling and Information and Referral (CCIR) services to all individuals working in the state in subminimum wage employment. The purpose of the mandate is to ensure that individuals with disabilities have access to information and services that will enable them to achieve CIE.

Section 511 establishes two (2) requirements that must be met in order for a worker with a disability to be paid a subminimum wage, and they are:

1. Individuals with disabilities age 24 and younger (youth) must be provided with various services designed to improve their access to competitive integrated employment (CIE) before they are employed at a subminimum wage; and

2. All workers, including youth, must be regularly provided with career counseling and information as a condition of continued employment at a subminimum wage.

Youth and Subminimum Wage¹⁰²

Before a youth with disabilities can begin employment in a subminimum wage position, OVR/OVRB must provide him/her with documentation verifying the completion of three (3) requirements, which are:

1. Receipt of Pre-Employment Transition Services (Pre-ETS) under the VR program or Transition Services provided under the Individuals with Disabilities Education Act (IDEA);

2. Proof the youth applied for VR services and was found ineligible or documentation showing the youth applied for VR services, was found eligible, had an approved IPE, worked toward a suitable employment outcome for a reasonable period of time without success, and the VR service record was closed as non-rehabilitated; and

3. Receipt of Career Counseling and Information and Referral Services (CCIR).

Individuals (regardless of age) and Subminimum Wage¹⁰³

Employers may not continue to employ an individual with a disability, regardless of age, at subminimum wage unless the individual receives CCIR at the appropriate intervals as established in Section 511.

CCIR, provided by , OVR/OVRB must be delivered in a manner that facilitates independent decision-making and informed choice, and shall be carried out once every six (6) months for the first year of the individual's employment at a subminimum wage, and annually thereafter for the duration of such employment.

It is the responsibility of the employers, who pay subminimum wages, to ensure their workers are referred to OVR/OVRB and receive CCIR as needed.

32 Miss. Code. R. 10-11-11.2

Adopted 8/1/2022

Employers with less than fifteen (15) employees must also refer individuals with disabilities to OVR/OVRB to receive information on selfadvocacy, self-determination, and available peer-mentoring training opportunities before continuing to pay subminimum wages.