Physically or mentally handicapped employees

(a) For the purposes of this regulation, a "physically or mentally handicapped person" means a person whose earning capacity is impaired by age or physical of mental deficiency or injury. (b) To prevent curtailment of employment opportunities, physically or mentally handicapped workers whose earning capacity has been impaired by a physical or mental impairment which constitutes an actual handicap as directly related to the performance of the duties which the employee is required to perform may be paid at a modification of the minimum fair wage rate, provided: (1) Permission has been granted by the labor commissioner, after an investigation, to employ the worker at a rate lower than the established minimum fair wage. Such permission shall specify the minimum wage to be paid to the employee and the type of work for which modification of the minimum fair wage was granted. Such permission shall be valid from the date of issuance and acceptance by the employer and employee to the date of revocation or the cancellation of such permission. Such permission may be revoked by the commissioner if investigation discloses that it was obtained by misrepresentation of any kind. (2) Any deviation from the terms of the permission except an upward revision of the minimum wage set forth in the permission shall be deemed a violation of this regulation and will cancel the permission effective on the date the violation occurs and from that date forward the minimum fair wage as defined in section 31-58 of the general statutes shall be applicable for all hours of employment. (c) An employer desiring to employ a physically or mentally handicapped worker at a modification of the minimum fair wage rate shall make application to the labor commissioner prior to such employment and shall set forth: (1) The name and address of the person to whom the modified minimum wage rate shall apply; (2) the nature of the handicap; (3) the duties to which the worker will be assigned and the apparent degree of handicap in performing such duties; (4) the proposed hourly rate at which the handicapped worker is to be employed based upon the extent to which the worker is handicapped in the performance of duties required; (5) the willingness of the employee to accept a modified hourly rate subject to approval. (d) In any case where the nature of the handicap and its relation to the performance of duties to be assigned is not discernible by ordinary observation, the labor commissioner may require certification of such handicap and its relation to job performance by a licensed physician at the expense of the employer. (e) In any case where the nature of the handicap is due to mental disability, the legal guardian of the employee may act in behalf of the employee with respect to the acknowledgement of the handicap and the acceptance of the modified minimum wage rate.