29 U.S.C. § 794g — Limitations on use of subminimum wage

Page 310 TITLE 29—LABOR § 794f 1 See References in Text note below. § 794f. Establishment of standards for accessible medical diagnostic equipment (a) Standards Not later than 24 months after March 23, 2010,1 the Architectural and Transportation Barriers Compliance Board shall, in consultation with the Commissioner of the Food and Drug Admin- istration, promulgate regulatory standards in accordance with the Administrative Procedure Act (2 U.S.C. 551 et seq.) 1 setting forth the min- imum technical criteria for medical diagnostic equipment used in (or in conjunction with) phy- sician’s offices, clinics, emergency rooms, hos- pitals, and other medical settings. The stand- ards shall ensure that such equipment is acces- sible to, and usable by, individuals with accessi- bility needs, and shall allow independent entry to, use of, and exit from the equipment by such individuals to the maximum extent possible. (b) Medical diagnostic equipment covered The standards issued under subsection (a) for medical diagnostic equipment shall apply to equipment that includes examination tables, ex- amination chairs (including chairs used for eye examinations or procedures, and dental exami- nations or procedures), weight scales, mammog- raphy equipment, x-ray machines, and other ra- diological equipment commonly used for diag- nostic purposes by health professionals. (c) Review and amendment The Architectural and Transportation Bar- riers Compliance Board, in consultation with the Commissioner of the Food and Drug Admin- istration, shall periodically review and, as ap- propriate, amend the standards in accordance with the Administrative Procedure Act (2 U.S.C. 551 et seq.).1 (Pub. L. 93–112, title V, § 510, as added Pub. L. 111–148, title IV, § 4203, Mar. 23, 2010, 124 Stat. 570.) Editorial Notes REFERENCES IN TEXT March 23, 2010, referred to in subsec. (a), was in the original ‘‘the date of enactment of the Affordable Health Choices Act’’, which was translated as meaning the date of enactment of the Patient Protection and Affordable Care Act, Pub. L. 111–148, which enacted this section, to reflect the probable intent of Congress. The Administrative Procedure Act, referred to in sub- secs. (a) and (c), is act June 11, 1946, ch. 324, 60 Stat. 237, which was repealed and reenacted as subchapter II of chapter 5, and chapter 7, of Title 5, Government Organi- zation and Employees, by Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 378. § 794g. Limitations on use of subminimum wage (a) In general No entity, including a contractor or subcon- tractor of the entity, which holds a special wage certificate as described in section 14(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 214(c)) may compensate an individual with a dis- ability who is age 24 or younger at a wage (re- ferred to in this section as a ‘‘subminimum wage’’) that is less than the Federal minimum wage unless 1 of the following conditions is met: (1) The individual is currently employed, as of the effective date of this section, by an enti- ty that holds a valid certificate pursuant to section 14(c) of the Fair Labor Standards Act of 1938. (2) The individual, before beginning work that is compensated at a subminimum wage, has completed, and produces documentation indicating completion of, each of the following actions: (A) The individual has received pre-em- ployment transition services that are avail- able to the individual under section 733 of this title, or transition services under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) such as transition services available to the individual under section 614(d) of that Act (20 U.S.C. 1414(d)). (B) The individual has applied for voca- tional rehabilitation services under sub- chapter I, with the result that— (i)(I) the individual has been found ineli- gible for such services pursuant to that subchapter and has documentation con- sistent with section 722(a)(5)(C) of this title regarding the determination of ineli- gibility; or (II)(aa) the individual has been deter- mined to be eligible for vocational reha- bilitation services; (bb) the individual has an individualized plan for employment under section 722 of this title; (cc) the individual has been working to- ward an employment outcome specified in such individualized plan for employment, with appropriate supports and services, in- cluding supported employment services, for a reasonable period of time without success; and (dd) the individual’s vocational rehabili- tation case is closed; and (ii)(I) the individual has been provided career counseling, and information and re- ferrals to Federal and State programs and other resources in the individual’s geo- graphic area that offer employment-re- lated services and supports designed to en- able the individual to explore, discover, ex- perience, and attain competitive inte- grated employment; and (II) such counseling and information and referrals are not for employment com- pensated at a subminimum wage provided by an entity described in this subsection, and such employment-related services are not compensated at a subminimum wage and do not directly result in employment compensated at a subminimum wage pro- vided by an entity described in this sub- section. (b) Construction (1) Rule Nothing in this section shall be construed to— (A) change the purpose of this chapter de- scribed in section 701(b)(2) of this title, to empower individuals with disabilities to maximize opportunities for competitive in- tegrated employment; or Page 311 TITLE 29—LABOR § 794g (B) preference employment compensated at a subminimum wage as an acceptable vo- cational rehabilitation strategy or success- ful employment outcome, as defined in sec- tion 705(11) of this title. (2) Contracts A local educational agency (as defined in section 7801 of title 20) or a State educational agency (as defined in such section) may not enter into a contract or other arrangement with an entity described in subsection (a) for the purpose of operating a program for an in- dividual who is age 24 or younger under which work is compensated at a subminimum wage. (3) Voidability The provisions in this section shall be con- strued in a manner consistent with the provi- sions of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.), as amended before or after the effective date of this Act. (c) During employment (1) In general The entity described in subsection (a) may not continue to employ an individual, regard- less of age, at a subminimum wage unless, after the individual begins work at that wage, at the intervals described in paragraph (2), the individual (with, in an appropriate case, the individual’s parent or guardian)— (A) is provided by the designated State unit career counseling, and information and referrals described in subsection (a)(2)(B)(ii), delivered in a manner that facilitates inde- pendent decisionmaking and informed choice, as the individual makes decisions re- garding employment and career advance- ment; and (B) is informed by the employer of self-ad- vocacy, self-determination, and peer men- toring training opportunities available in the individual’s geographic area, provided by an entity that does not have any financial interest in the individual’s employment out- come, under applicable Federal and State programs or other sources. (2) Timing The actions required under subparagraphs (A) and (B) of paragraph (1) shall be carried out once every 6 months for the first year of the individual’s employment at a subminimum wage, and annually thereafter for the duration of such employment. (3) Small business exception In the event that the entity described in sub- section (a) is a business with fewer than 15 em- ployees, such entity can satisfy the require- ments of subparagraphs (A) and (B) of para- graph (1) by referring the individual, at the in- tervals described in paragraph (2), to the des- ignated State unit for the counseling, infor- mation, and referrals described in paragraph (1)(A) and the information described in para- graph (1)(B). (d) Documentation (1) In general The designated State unit, in consultation with the State educational agency, shall de- velop a new process or utilize an existing proc- ess, consistent with guidelines developed by the Secretary, to document the completion of the actions described in subparagraphs (A) and (B) of subsection (a)(2) by a youth with a dis- ability who is an individual with a disability. (2) Documentation process Such process shall require that— (A) in the case of a student with a dis- ability, for documentation of actions de- scribed in subsection (a)(2)(A)— (i) if such a student with a disability re- ceives and completes each category of re- quired activities in section 733(b) of this title, such completion of services shall be documented by the designated State unit in a manner consistent with this section; (ii) if such a student with a disability re- ceives and completes any transition serv- ices available for students with disabilities under the Individuals with Disabilities Education Act [20 U.S.C. 1400 et seq.], in- cluding those provided under section 614(d)(1)(A)(i)(VIII) (20 U.S.C. 1414(d)(1)(A)(i)(VIII)), such completion of services shall be documented by the appro- priate school official responsible for the provision of such transition services, in a manner consistent with this section; and (iii) the designated State unit shall pro- vide the final documentation, in a form and manner consistent with this section, of the completion of pre-employment tran- sition services as described in clause (i), or transition services under the Individuals with Disabilities Education Act as de- scribed in clause (ii), to the student with a disability within a reasonable period of time following the completion; and (B) when an individual has completed the actions described in subsection (a)(2)(B), the designated State unit shall provide the indi- vidual a document indicating such comple- tion, in a manner consistent with this sec- tion, within a reasonable time period fol- lowing the completion of the actions de- scribed in this subparagraph. (e) Verification (1) Before employment Before an individual covered by subsection (a)(2) begins work for an entity described in subsection (a) at a subminimum wage, the en- tity shall review such documentation received by the individual under subsection (d), and provided by the individual to the entity, that indicates that the individual has completed the actions described in subparagraphs (A) and (B) of subsection (a)(2) and the entity shall maintain copies of such documentation. (2) During employment (A) In general In order to continue to employ an indi- vidual at a subminimum wage, the entity de- scribed in subsection (a) shall verify comple- tion of the requirements of subsection (c), including reviewing any relevant documents provided by the individual, and shall main- tain copies of the documentation described in subsection (d). Page 312 TITLE 29—LABOR §§ 795, 795a (B) Review of documentation The entity described in subsection (a) shall be subject to review of individual docu- mentation described in subsection (d) by a representative working directly for the des- ignated State unit or the Department of Labor at such a time and in such a manner as may be necessary to fulfill the intent of this section, consistent with regulations es- tablished by the designated State unit or the Secretary of Labor. (f) Federal minimum wage In this section, the term ‘‘Federal minimum wage’’ means the rate applicable under section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)). (Pub. L. 93–112, title V, § 511, as added Pub. L. 113–128, title IV, § 458(a), July 22, 2014, 128 Stat. 1676; amended Pub. L. 114–95, title IX, § 9215(mmm)(4)(A), Dec. 10, 2015, 129 Stat. 2188.) Editorial Notes REFERENCES IN TEXT The effective date of this section, referred to in sub- sec. (a)(1), means 2 years after July 22, 2014. See Effec- tive Date note below. The Individuals with Disabilities Education Act, re- ferred to in subsecs. (a)(2)(A) and (d)(2)(A)(ii), (iii), is title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175, which is classified generally to chapter 33 (§ 1400 et seq.) of Title 20, Education. For complete classification of this Act to the Code, see section 1400 of Title 20 and Ta- bles. The Fair Labor Standards Act of 1938, referred to in subsec. (b)(3), is act June 25, 1938, ch. 676, 52 Stat. 1060, which is classified generally to chapter 8 (§ 201 et seq.) of this title. For complete classification of this Act to the Code, see section 201 of this title and Tables. The effective date of this Act, referred to in subsec. (b)(3), may mean the effective date of Pub. L. 93–112 (Sept. 26, 1973), the effective date of Pub. L. 113–128, which added this section (see Effective Date note set out under section 3101 of this title), or the effective date of this section (see Effective Date note below). AMENDMENTS 2015—Subsec. (b)(2). Pub. L. 114–95 made technical amendment to reference in original act which appears in text as reference to section 7801 of title 20. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Pub. L. 114–95, title IX, § 9215(mmm)(4)(B), Dec. 10, 2015, 129 Stat. 2188, provided that: ‘‘The amendment made by subparagraph (A) [amending this section] shall take effect on the same date as section 458(a) of the Workforce Innovation and Opportunity Act (Public Law 113–128; 128 Stat. 1676) [enacting this section] takes effect, and as if enacted as part of such section.’’ EFFECTIVE DATE Pub. L. 113–128, title IV, § 458(b), July 22, 2014, 128 Stat. 1679, provided that: ‘‘This section [enacting this section] takes effect 2 years after the date of enact- ment of the Workforce Innovation and Opportunity Act [July 22, 2014].’’ SUBCHAPTER VI—EMPLOYMENT OPPORTU- NITIES FOR INDIVIDUALS WITH DISABIL- ITIES Editorial Notes CODIFICATION Pub. L. 113–128, title IV, § 461(1), (2), July 22, 2014, 128 Stat. 1679, amended this subchapter by striking out part A, consisting of sections 795 and 795a, and striking out the heading of part B preceding section 795g. Title VI of the Rehabilitation Act of 1973, comprising this subchapter, was originally added to Pub. L. 93–112 by Pub. L. 95–602, title II, § 201, Nov. 6, 1978, 92 Stat. 2989, and amended by Pub. L. 98–221, Feb. 22, 1984, 98 Stat. 17; Pub. L. 99–506, Oct. 21, 1986, 100 Stat. 1807; Pub. L. 100–630, Nov. 7, 1988, 102 Stat. 3289; Pub. L. 102–52, June 6, 1991, 105 Stat. 260; Pub. L. 102–119, Oct. 7, 1991, 105 Stat. 587; Pub. L. 102–569, Oct. 29, 1992, 106 Stat. 4344; Pub. L. 103–73, Aug. 11, 1993, 107 Stat. 718. Title VI is shown herein, however, as having been added by Pub. L. 105–220, title IV, § 409, Aug. 7, 1998, 112 Stat. 1210, with- out reference to those intervening amendments because of the extensive revision of title VI by Pub. L. 105–220. §§ 795, 795a. Repealed. Pub. L. 113–128, title IV, § 461(1), July 22, 2014, 128 Stat. 1679 Section 795, Pub. L. 93–112, title VI, § 611, as added Pub. L. 105–220, title IV, § 409, Aug. 7, 1998, 112 Stat. 1210, related to Projects With Industry. Provisions similar to section 795 were contained in section 795g of this title prior to the general amendment of this subchapter by Pub. L. 105–220. A prior section 795, Pub. L. 93–112, title VI, § 611, as added Pub. L. 95–602, title II, § 201, Nov. 6, 1978, 92 Stat. 2989; amended Pub. L. 99–506, title I, § 103(d)(2)(C), title X, § 1002(f), Oct. 21, 1986, 100 Stat. 1810, 1844; Pub. L. 102–569, title I, § 102(p)(36), title VI, § 601, Oct. 29, 1992, 106 Stat. 4360, 4434, authorized community service em- ployment pilot programs for individuals with disabil- ities, prior to the general amendment of this sub- chapter by Pub. L. 105–220. Section 795a, Pub. L. 93–112, title VI, § 612, as added Pub. L. 105–220, title IV, § 409, Aug. 7, 1998, 112 Stat. 1214, related to authorization of appropriations. Provisions similar to section 795a were contained in section 795i of this title prior to the general amendment of this sub- chapter by Pub. L. 105–220. Prior sections 795a to 795f were omitted in the general amendment of this subchapter by Pub. L. 105–220. Section 795a, Pub. L. 93–112, title VI, § 612, as added Pub. L. 95–602, title II, § 201, Nov. 6, 1978, 92 Stat. 2991; amended Pub. L. 98–221, title I, § 165, Feb. 22, 1984, 98 Stat. 30; Pub. L. 100–630, title II, § 207(a), Nov. 7, 1988, 102 Stat. 3313, related to administration of community service employment pilot programs for individuals with disabilities. Section 795b, Pub. L. 93–112, title VI, § 613, as added Pub. L. 95–602, title II, § 201, Nov. 6, 1978, 92 Stat. 2991; amended Pub. L. 102–569, title VI, § 602, Oct. 29, 1992, 106 Stat. 4434, related to employment. Section 795c, Pub. L. 93–112, title VI, § 614, as added Pub. L. 95–602, title II, § 201, Nov. 6, 1978, 92 Stat. 2992; amended Pub. L. 98–221, title I, § 104(b)(5), Feb. 22, 1984, 98 Stat. 18, related to interagency cooperation. Section 795d, Pub. L. 93–112, title VI, § 615, as added Pub. L. 95–602, title II, § 201, Nov. 6, 1978, 92 Stat. 2992; amended Pub. L. 99–506, title I, § 103(d)(2)(C), title VII, § 701, Oct. 21, 1986, 100 Stat. 1810, 1831; Pub. L. 102–569, title I, § 102(p)(37), Oct. 29, 1992, 106 Stat. 4360, related to award of grants or contracts. Section 795e, Pub. L. 93–112, title VI, § 616, as added Pub. L. 95–602, title II, § 201, Nov. 6, 1978, 92 Stat. 2993; amended Pub. L. 99–506, title I, § 103(d)(2)(C), Oct. 21, 1986, 100 Stat. 1810; Pub. L. 102–569, title I, § 102(p)(38), title VI, § 603, Oct. 29, 1992, 106 Stat. 4361, 4434, defined terms ‘‘community service’’ and ‘‘pilot program’’. Section 795f, Pub. L. 93–112, title VI, § 617, as added Pub. L. 95–602, title II, § 201, Nov. 6, 1978, 92 Stat. 2993;