Subminimum Wage Rates for the Physically or Mentally Impaired

PURPOSE: This rule provides for the establishment of subminimum wages to be paid to persons whose earning capacity is reduced due to a physical or mental impairment. (1) The director may provide for employment at a subminimum wage rate if it is deemed necessary to prevent curtailment of opportunities for employment of the physically or mentally impaired. (2) A public hearing for the purpose of establishing a subminimum wage rate for any occupation may be held by the director on his/her own motion, or at the request of an interested person. (3) Employees affected by a proposed subminimum wage will be given reasonable notice of the public hearing and will be given the opportunity to submit oral or prepared written testimony concerning, but not limited to, the following: (A) The need for a subminimum wage rate; and (B) Recommendations as to the appropriate level of wages to be set as the subminimum wage for the occupation(s) being considered. (4) Subminimum wage rates that are to be considered by the director will be duly approved by filing a Notice of Proposed Rulemaking and a subsequent Order of Rulemaking with the secretary of state as provided for state agencies under Chapter 536, RSMo. AUTHORITY: sections 290.515 and 290.523, RSMo 2016.* Original rule filed July 22, 1992, effective Feb. 26, 1993. Amended: Filed Aug. 15, 2008, effective March 30, 2009. Amended: Filed June 19, 2018, effective Jan. 30, 2019. *Original authority: 290.515, RSMo 1990, amended 2006 and 290.523, RSMo 2008.