4101:9-1-07 Terms of the individual license.

(A) An individual license shall specify the name of the worker with a disability, the name of the employer, the occupation in which the individual with a disability is to be employed, the authorized sub-minimum wage rate and the period of time during which such wage rate may be paid.

(B) A license shall be effective for a period to be designated by the director. An individual with a disability employed under such a license may be paid less than the minimum wage only during the effective period of the license.

(C) The wage rate fixed in the license shall be set at a figure designated to reflect the individual with a disability's demonstrated earning capacity when, after investigation, less than the minimum wage rate appears to be clearly justified.

(D) Any monies received by an individual with a disability by reason of any state or federal pension or compensation program for persons with a disability shall not be considered as off-setting any part of the remuneration due the worker with a disability by the employer.

(E) The individual with a disability shall be paid at not less than one and one-half times the regular rate for hours worked in compliance with the overtime pay provisions of the law.

(F) The terms of any license, including the wage rate less than the minimum wage as specified therein, may be amended by the director of the department upon written notice to the parties concerned if the facts justify such amendment.

Eff 11-1-78; 6-3-04
Rule promulgated under: RC 119.03
Rule authorized by: RC 4111.05 , 4111.06
Rule amplifies: RC 4111.06
R.C. 119.032 review dates: 03/03/2004 and 06/03/2009