2006 New Mexico Statutes - Section 50-4-23 — Handicapped persons; minimum wage; labor commissioner [director of the labor and industrial division] powers and duties.

50-4-23. Handicapped persons; minimum wage; labor commissioner [director of the labor and industrial division] powers and duties.

A.     The state labor commissioner [director of the labor and industrial division], to the extent necessary in order to prevent curtailment of opportunities for employment, shall, by regulation, provide for the employment under special certificates of individuals, including individuals employed in agriculture, whose earning or productive capacity is impaired by physical or mental deficiency or injury, at wages which are lower than the minimum wage applicable under Section 50-4-22 NMSA 1978, but not less than fifty percent of such wage.   

B.     The state labor commissioner [director], pursuant to his regulations and upon certification of any state agency administering or supervising the administration of vocational rehabilitation services, may issue special certificates, which allow the holder thereof to work at wages which are less than those required by Subsection A of this section and which are related to the workers' productivity, for the employment of:   

(1)     handicapped workers engaged in work which is incidental to training or evaluation programs; and   

(2)     multihandicapped individuals and other individuals whose earning capacity is so severely impaired that they are unable to engage in competitive employment.   

C.     The state labor commissioner [director] may, by regulation or order, provide for the employment of handicapped individuals in work activities centers under special certificates at wages which are less than the minimums applicable under Section 59-3-22 New Mexico Statutes Annotated, 1953 Compilation, [ 50-4-22 NMSA 1978] or less than that prescribed in Subsection A of this section, and which constitute equitable compensation for such individuals. As used in this subsection, "work activities centers" means centers planned and designed exclusively to provide therapeutic activities for handicapped persons whose physical or mental impairment is so severe as to make their productive capacity inconsequential.   

D.     The state agency administering or supervising the administration of vocational rehabilitation may issue a temporary certificate for a period not to exceed ninety days pursuant to Subsections A, B and C of this section and may request an extension of the certification by the state labor commissioner [director] when it is determined that the severity of disability of an individual or circumstances warrants an extension of the certification.