Page:United States Statutes at Large Volume 100 Part 2.djvu/127

 PUBLIC LAW 99-486—OCT. 16, 1986

100 STAT. 1229

Public Law 99-486 99th Congress An Act To amend the Fair Labor Standards Act of 1938 to require that wages based on individual productivity be paid to handicapped workers employed under certificates issued by the Secretary of Labor.

Oct. 16, 1986 [S. 2884]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection (c) of section 14 of the Fair Labor Standards Act of 1938 (29 U.S.C. 214) is amended to read as follows: "(c)(1) The Secretary, to the extent necessary to prevent curtail- Regulations. ment of opportunities for employment, shall by regulation or order Agriculture and agricultural provide for the employment, under special certificates, of individ- commodities. uals (including individuals employed in agriculture) whose earning or productive capacity is impaired by age, physical or mental deficiency, or injury, at wages which are— "(A) lower than the minimum wage applicable under section 6, "(B) commensurate with those paid to nonhandicapped workers, employed in the vicinity in which the individuals under the certificates are employed, for essentially the same t3rpe, quality, and quantity of work, and "(C) related to the individual's productivity. "(2) The Secretary shall not issue a certificate under paragraph (1) unless the employer provides written assurances to the Secretary that— "(A) in the case of individuals paid on an hourly rate basis, wages paid in accordance with paragraph (1) will be reviewed by the employer at periodic intervals at least once every six months, and "(B) wages paid in accordance with paragraph (1) will be adjusted by the employer at periodic intervals, at least once each year, to reflect changes in the prevailing wage paid to experienced nonhandicapped individuals employed in the locality for essentially the same type of work. "(3) Notwithstanding paragraph (1), no employer shall be permitted to reduce the hourly wage rate prescribed by certificate under this subsection in effect on June 1, 1986, of any handicapped individual for a period of two years from such date without prior authorization of the Secretary. "(4) Nothing in this subsection shall be construed to prohibit an Health and employer from maintaining or establishing work activities centers medical care. to provide therapeutic activities for handicapped clients. "(5)(A) Notwithstanding any other provision of this subsection, any employee receiving a special minimum wage at a rate specified pursuant to this subsection or the parent or guardian of such an employee may petition the Secretary to obtain a review of such special minimum wage rate. An employee or the employee's parent or guardian may file such a petition for and in behalf of the employee or in behalf of the employee and other employees simi-

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