| (a) A CRP participating in the program administered
under this chapter shall pay each worker with a disability employed
by the program at least the federal minimum wage for any work relating
to any products or services purchased from the CRP through the program
administered under this chapter.
(b) The Agency may exempt a CRP from the requirements
of this section with respect to a worker with a disability if the
Agency determines an exemption is warranted. The Agency may consider
the following factors in making the determination:
(1) whether requiring the CRP to pay the worker at
the minimum wage would result in:
(A) the CRP not being able to retain the worker with
a disability;
(B) the worker not having success obtaining work with
a different employer;
(C) the worker, based on the worker's circumstances,
not being able to obtain employment at a higher wage than the CRP
would be able to pay the worker notwithstanding the requirements of
this section;
(2) the CRP's efforts to retain the worker;
(3) the CRP's efforts to assist the worker in finding
other employment, including other employment at a higher wage than
the CRP will pay;
(4) whether the exemption is temporary or indefinite;
(5) whether employment services provided by other entities
that serve individuals who have significant intellectual or developmental
disabilities are available and could assist the worker to obtain employment
at or above minimum wage.
(c) Subsection (a) of this section does not apply to
a CRP's eligibility to participate in the state use program before
the later of:
(1) September 1, 2022; or
(2) the date an extension is granted under §806.103
of this chapter.
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