Section 8.15.120. Minimum wage exemption for persons with disabilities.

	(a)  An application to employ a person at less than the minimum wage established under AS 23.10.065 must be made on a form provided by the department or by filing an application for a special certificate to employ a person with a disability (29 C.F.R. Part 525) with the Regional Director of the wage and hour division of the United States Department of Labor.  
	(b)  An application filed with the department must set out the facts showing that the person's productive capacity to do the work to be performed is impaired by physical or mental disability, age, or injury. A medical certificate will be required in all cases in which the disability is not clearly obvious. The information in the application must be complete and must be certified by a responsible person who has knowledge of the facts.  
	(c)  The commissioner will, in the commissioner's discretion, approve a wage lower than that established under AS 23.20.065, if the commissioner determines from the information provided in the application, that the person would otherwise be deprived of employment opportunity. With the exception of very extreme cases where the person is so seriously impaired that the person is unable to engage in competitive employment, that rate will not be less than 50 percent of the minimum wage established under AS 23.10.065.  
	(d)  If an approval is issued under (c) of this section, it will specify the approved wage rate and the period for which it is effective. An application for renewal of an exemption must be made in the same manner as the original but must also include an evaluation of that person's productivity, comparing the degree of productivity between the initial application and the renewal.  
	(e)  As a general rule, approval for payment of a wage lower than that established under AS 23.10.065 to persons with a temporary disability will not be granted.  
	(f)  Persons undergoing rehabilitation treatment or therapy relating to narcotics or alcoholism are not considered disabled for the purposes of AS 23.10.070 and this section.  

Authorities

23.10.070;23.10.085;44.62.125

Notes

Authority

AS 23.10.070 AS 23.10.085 Editor's note: The mailing address for the Regional Director specified in 8 AAC 15.120(a) is U.S. Department of Labor, Wage and Hour Division, Attn: Regional Director, 230 South Dearborn Street, Room 514, Chicago, Illinois 60604. The federal form is found here: http:// www.dol.gov/whd/forms/fts=hrzwh226.htm. With Register 179, October 2006 and under the authority of AS 44.62.125, the regulations attorney changed obsolete terminology concerning persons with disabilities in conformity with ch. 25, SLA 2006.

History

Eff. 12/9/78, Register 68; am 4/29/99, Register 150

References

8.15.120