Effective - 28 Aug 2021
178.935. Special certificates for employment of disabled persons at sheltered workshops — commensurate wage requirements — issuance of certificate, criteria. — 1. For the purposes of this section, the following terms mean:
(1) "Certificate", authorization issued to employers by the department to pay special wages to workers who have disabilities for the work being performed;
(2) "Commensurate wage", a wage paid to a disabled person when his or her disability impairs his or her productive and earning capacities for the work being performed. The wage shall be commensurate with the worker's productivity as compared to the wage and productivity of an experienced worker who is not disabled.
2. Notwithstanding any provision of law to contrary, the department, to the extent necessary to prevent the curtailment of opportunities for employment, shall provide for the employment, under special certificates, of disabled persons at sheltered workshops, at wages which are:
(1) Lower than the wage rate applicable under sections 290.500 to 290.530;
(2) Commensurate with those paid to nondisabled workers, employed in the vicinity in which the persons under the certificates are employed, for essentially the same type, quality, and quantity of work; and
(3) Related to the person's productivity.
3. The department shall not issue a certificate under subsection 2 of this section unless the sheltered workshop provides written assurances to the department of the following:
(1) In the case of persons paid on an hourly rate basis, wages paid in accordance with subsection 2 of this section shall be reviewed by the sheltered workshop at periodic intervals at least once every six months; and
(2) Wages paid in accordance with subsection 2 of this section shall be adjusted by the sheltered workshop at periodic intervals, at least once each year, to reflect changes in the prevailing wage paid to experienced nondisabled persons employed in the locality for essentially the same type of work.
4. Notwithstanding the provisions of subsection 2 of this section, no sheltered workshop shall be permitted to reduce the hourly wage rate prescribed by certificate under this section of any disabled worker for a period of two years from such date without prior authorization from the department.
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(L. 2021 H.B. 432)
Structure Missouri Revised Statutes
Title XI - Education and Libraries
Chapter 178 - Special Schools and Instruction and Special Districts
Section 178.160 - State to furnish funds for readers for blind students, when.
Section 178.170 - Qualifications of reader.
Section 178.180 - Compensation of reader, how and when paid.
Section 178.280 - Board of directors of seven-director district may conduct summer schools.
Section 178.295 - Definitions.
Section 178.298 - Notice to school district of juvenile's placement or detention, when.
Section 178.300 - Part-time schools established, when.
Section 178.310 - State board to establish standards.
Section 178.320 - Federal funds available, when.
Section 178.330 - Attendance counted as part of employment time.
Section 178.340 - State and local boards of education to administer law.
Section 178.350 - District may be excused from maintaining part-time school.
Section 178.360 - Annual report of state board.
Section 178.370 - Establishment of two-year college courses.
Section 178.380 - Per capita cost of courses to be determined — tuition.
Section 178.390 - Board may set aside funds for pupils' tuition.
Section 178.420 - Definitions.
Section 178.430 - Acceptance of federal acts and funds.
Section 178.440 - State board of education to cooperate with federal authorities.
Section 178.450 - Duties of state board of education.
Section 178.460 - State treasurer to be custodian of funds.
Section 178.470 - Report to the general assembly.
Section 178.480 - Approved schools to receive federal money, when — appropriation of state's share.
Section 178.490 - Local boards may contract for vocational education services.
Section 178.500 - May also contract for additional instruction in approved courses.
Section 178.510 - Contracting district to pay tuition — apportionment of state aid.
Section 178.520 - Vocational education fund — how obtained when no state appropriation is made.
Section 178.540 - Commissioner of education to be executive officer — assistants.
Section 178.570 - State board may incur necessary administration expenses.
Section 178.580 - State board to report to general assembly.
Section 178.600 - State treasurer to be custodian of funds — disbursement.
Section 178.610 - Duties of state board of education.
Section 178.620 - State board to formulate plan of cooperation.
Section 178.630 - State board may receive gifts and donations — fund created — use — report.
Section 178.633 - Terms of voting members — nonvoting members, terms.
Section 178.634 - Board's expenses, to be paid — vacancies, resignations, removals, how filled.
Section 178.639 - Employees of college eligible for Missouri state employees' retirement system.
Section 178.651 - Definitions.
Section 178.653 - Independent living center fund created — administration — funding.
Section 178.658 - Location of centers, restriction on funding.
Section 178.691 - Definitions.
Section 178.693 - Educational and screening programs — reimbursement by state.
Section 178.695 - Program review.
Section 178.698 - Plan to distribute funds to allow voluntary participation.
Section 178.699 - Participation voluntary — information obtained is confidential.
Section 178.780 - Coordinating board for higher education to supervise colleges — duties.
Section 178.785 - Higher education core curriculum transfer act — definitions.
Section 178.787 - Forty-two credit hour block, adoption of — transfer of course credits.
Section 178.788 - Transfer practices, criteria to evaluate — requirements for credit transfers.
Section 178.789 - Rulemaking authority.
Section 178.790 - Boundaries of community college districts.
Section 178.800 - Petition to establish district — election on proposal.
Section 178.830 - Board of trustees — oath — officers — quorum — vacancies filled, how — seal.
Section 178.835 - Discipline of students.
Section 178.840 - Election, when held, how conducted — certification of votes cast.
Section 178.862 - Community college district police — oath, powers, qualifications.
Section 178.870 - Tax rates, limits — how increased and decreased.
Section 178.900 - Definitions.
Section 178.910 - Purposes of sheltered workshops.
Section 178.931 - Payments for hours worked by disabled employees, how calculated.
Section 178.940 - Department designated to accept and disburse federal funds.
Section 178.950 - Board of education to appoint necessary staff.