An Act To Amend the Laws Governing the Subminimum Wage

Sec. 1. 26 MRSA  666,  as amended by PL 2011, c. 483,  1, is further amended to read:

  666.  Workers with disabilities

For any employment to which the minimum wage is applicable, the The director may not issue to an employer for any a person with a disability a special certificate authorizing the employer to pay that person a wage less than the minimum wage, based on the ability of the person to perform the duties required for that employment in comparison to the ability of a person who does not have a disability to perform the same duties. The director may hold hearings and conduct investigations as necessary for the purpose of fixing the special minimum wage for the person. A certificate is valid for 2 years from the date of issue and may be renewed by the director. The director may issue a certificate to cover several employees with disabilities as long as the employer provides documentation justifying the special minimum wage. An employer may not pay less than the minimum wage to a person by virtue of that person's having a mental or physical disability. A special certificate authorizing the payment of less than minimum wage to a person with a mental or physical disability issued pursuant to a law of this State or to a federal law is without effect.