Mich. Admin. Code R. 408.772

Current through Vol. 24-10, June 15, 2024

Section R. 408.772 - Definitions

Rule 2.

As used in these rules:

(a) "Act" means the workforce opportunity wage act, 201 4PA 138, MCL 408.411 to 408.424.

(b) "Commensurate wage" means the wage which is proportionate to the prevailing industry wage rate.

(c) "Department" means the department of licensing and regulatory affairs.

(d) "Deviated wage rate" means an hourly wage or piece rate which is below the minimum wage rate prescribed in section 4 of the act, MCL 408.414, is based upon a handicapped worker's productive capacity, and is commensurate with the prevailing industry wage rate.

(e) "Director" means the director of the department or his or her authorized representative.

(f) "Handicapped worker" means an individual whose earning or productive capacity is limited by a physical or mental impairment.

(g) "Locality" means the county, city, village, or township in which the work is performed.

(h) "Prevailing industry wage rate" means the overall average wage rate paid to nonhandicapped workers in industry in the locality for essentially the same type of work.

(i) "Private sector employment" means remunerative employment within a setting other than a rehabilitation facility.

(j) "Rehabilitation facility" means a charitable or nonprofit organization or institution or program including the state and its political subdivisions, agencies, and instrumentalities for the purpose of carrying out a recognized program of habilitation or rehabilitation for handicapped individuals and for providing such individuals with remunerative employment or other occupational habilitation or rehabilitation activity of an educational or therapeutic nature.

(k) "Wage deviation certificate" means a written document issued by the director to either a rehabilitation facility or a private sector employer which authorizes the payment of a deviated wage rate to a group of handicapped workers employed by a rehabilitation facility or to an individual handicapped worker employed by a private sector employer.

Mich. Admin. Code R. 408.772

1983 AACS; 2016 MR 17, Eff. 9/13/2016