19 Del. Admin. Code §§ 1102-8.0

Current through Register Vol. 27, No. 12, June 1, 2024

Section 1102-8.0 - Terms of Certificate

8.1 A certificate shall specify, among other things, the name of the worker or trainee, the occupation in which (s) he is to be employed, the special minimum wage rate (s), and the period(s) of time during which such rate(s) may be paid.

8.2 A certificate shall be effective for a period to be designated by the Secretary or his/her authorized representative. Workers or trainees may be paid special minimum wages only during the effective period of the certificate.

8.3 The wage rate (s) set in the certificate shall be fixed at a figure designed to reflect adequately the individual worker's or trainee's earning or productive capacity. No wage rate shall be fixed at less than 75 percent of the applicable minimum wage under the Minimum Wage Act unless after investigation a lower rate appears to be clearly justified. In no event shall such wage be nor less than is commensurate with wages paid nondisabled workers in industry in the vicinity for essentially the same type, quality, and quantity of work.

8.4 In an establishment or a vicinity where non-disabled employees are employed at piece rates in the same occupation, the disabled worker or trainee shall be paid at least the same piece rate earnings or the earnings at the hourly rate specified in the certificate, whichever is the greater.

8.5 No provision of this part, or of any certificate issued under this part shall excuse noncompliance with any Federal, State law or municipal ordinance establishing higher standards.

8.6 The terms or any certificate, including the wage rate (s) specified therein, may be amended by the Secretary or his/her authorized representative upon written notice to the parties concerned if the facts justify such amendment.

19 Del. Admin. Code §§ 1102-8.0