Section 7006.3 - Competitive Integrated Employment(a) "Competitive integrated employment" means work that-- (1) Is performed on a full-time or part-time basis (including self-employment) and for which an individual is compensated at a rate that-- (A) Is not less than the higher of the rate specified in section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) or the rate required under the applicable state or local minimum wage law for the place of employment;(B) Is not less than the customary rate paid by the employer for the same or similar work performed by other employees who are not individuals with disabilities and who are similarly situated in similar occupations by the same employer and who have similar training, experience, and skills; and(C) In the case of an individual who is self-employed, yields an income that is comparable to the income received by other individuals who are not individuals with disabilities and who are self-employed in similar occupations or on similar tasks and who have similar training, experience, and skills; and(D) Is eligible for the level of benefits provided to other employees; and(2) Is at a location-- (A) Typically found in the community; and(B) Where the employee with a disability interacts for the purpose of performing the duties of the position with other employees within the particular work unit and the entire work site, and, as appropriate to the work performed, other persons (e.g., customers and vendors), who are not individuals with disabilities (not including supervisory personnel or individuals who are providing services to such employee) to the same extent that employees who are not individuals with disabilities and who are in comparable positions interact with these persons; and(3) Presents, as appropriate, opportunities for advancement that are similar to those for other employees who are not individuals with disabilities and who have similar positions.Cal. Code Regs. Tit. 9, § 7006.3
1. New section filed 3-4-2004; operative 4-3-2004 (Register 2004, No. 10).
2. Amendment of section heading, repealer and new section and amendment of NOTE filed 2-17-2023; operative 2-17-2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 7). Note: Authority cited: Sections 19006 and 19016, Welfare and Institutions Code. Reference: 29 U.S.C. Section 705; 34 C.F.R. Section 361.5; and Sections 19000 and 19011, Welfare and Institutions Code.
1. New section filed 3-4-2004; operative 4-3-2004 (Register 2004, No. 10).
2. Amendment of section heading, repealer and new section and amendment of NOTE filed 2-17-2023; operative 2/17/2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 7).