An Act To Amend the Laws Governing the Subminimum Wage

Sec. 1. 26 MRSA §666,  as amended by PL 2011, c. 483, §1, is further amended to read:

§ 666. Workers with disabilities

For any employment to which the minimum wage is applicable, the The director may not issue to an employer for any a person with a disability a special certificate authorizing the employer to pay that person a wage less than the minimum wage, based on the ability of the person to perform the duties required for that employment in comparison to the ability of a person who does not have a disability to perform the same duties. The director may hold hearings and conduct investigations as necessary for the purpose of fixing the special minimum wage for the person. A certificate is valid for 2 years from the date of issue and may be renewed by the director. The director may issue a certificate to cover several employees with disabilities as long as the employer provides documentation justifying the special minimum wage. An employer may not pay less than the minimum wage to a person by virtue of that person's having a mental or physical disability. A special certificate authorizing the payment of less than minimum wage to a person with a mental or physical disability issued pursuant to a law of this State or to a federal law is without effect.

Sec. 2. Existing special certificates. A special certificate issued pursuant to the Maine Revised Statutes, Title 26, section 666 before the effective date of this Act is not valid.

summary

This bill eliminates current exemptions from the minimum wage law that allow the payment of wages at less than the minimum wage rate to certain individuals with disabilities.