WIOA Restrictions on Subminimum Wage Now in Effect
The following highlights some of the changesin WIOA:
- Before a youth with a disability who is 24 or under starts subminimum wage employment, they must:
- Receive either pre-employment transition services from their public vocational rehabilitation (VR) agency or transition services under IDEA from their school.
- Be determined ineligible for VR services, or be accepted for VR services and be unsuccessful in achieving an employment outcome after a reasonable period of time.
- Receive career counseling, and information and referrals from the VR agency to programs and other resources in the local area that offer employment-related services designed to help the youth attain competitive integrated employment. This must be in a manner that facilitates informed choice and independent decision-making by the youth.
- a special wage certificate holder must review written documentation to ensure these steps have been followed, and keep a copy of this documentation on files
- schools may no longer contract or have other arrangements with holders of special wage certificates in order to pay a youth with a disability subminimum wage.
- if an individual is currently earning subminimum wage and known to the public VR agency, 6 months after beginning employment at subminimum wage and on an annual basis thereafter, they must:
- Receive career counseling and referral to other programs and resources to assist in pursuing competitive integrated employment.
- Be informed about the availability of self-advocacy, self-determination and peer mentoring training opportunities available in the local area, that are not provided by the entity that employs the individual at subminimum wage.