Nevada § 435.305 - Conditions under which provider of services may enter into arrangement to provide for employment of person under 25 years of age for less than state minimum wage; regulations concerning documentation

§ 435.305. Conditions under which provider of services may enter into arrangement to provide for employment of person under 25 years of age for less than state minimum wage; regulations concerning documentation

1. Except as otherwise provided in subsection 3, a provider of jobs and day training

services certified pursuant to NRS 435.130 to 435.310 , inclusive, may enter into a contract or other arrangement with any person or governmental

entity to provide for the employment of a person under 25 years of age under which

the person will be paid less than the state minimum wage if the person was: (a) Employed on July 22, 2016, by an entity that holds a valid certificate pursuant

to 29 U.S.C. § 214(c) ; or (b) Before beginning such employment, the person has: (1) Received preemployment transition services available under the provisions of 29 U.S.C. § 733 or transition services under the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq. ; (2) Received career counseling, information and referrals to federal and state programs

and other resources in the geographic area in which the person resides that offer

services and supports that are designed to enable the person to attain competitive

integrated employment and meet the requirements of subsection 2; and (3) Applied for vocational rehabilitation services under the provisions of 29 U.S.C. §§ 720 to 751 , inclusive, and been found: (I) Ineligible for such services; or (II) Eligible for such services and has an individualized plan for employment pursuant

to 29 U.S.C. § 722 , has been working, with appropriate supports and services, toward an employment outcome

specified in that plan without success and the person's vocational rehabilitation

case has been closed. 2. Counseling, information, referrals, services and supports provided pursuant to

subparagraph (2) of paragraph (b) of subsection 1 must not be provided to a person

for the purpose of obtaining employment compensated at less than the state minimum

wage. 3. A provider of jobs and day training services certified pursuant to NRS 435.130 to 435.310 , inclusive, shall not enter into a contract or other arrangement described in subsection

1 on or after January 1, 2025. 4. Except as otherwise provided in subsection 5, if a provider of jobs and day training

services certified pursuant to NRS 435.130 to 435.310 , inclusive, enters into a contract or other arrangement described in subsection 1: (a) The Division shall, at least once every 6 months for the first year of such employment

and annually thereafter for the duration of the employment, provide the person employed

pursuant to the arrangement with career counseling, information and referrals as described

in subparagraph (2) of paragraph (b) of subsection 1 in a manner that facilitates

independent decisions and informed choice; and (b) The employer of the person shall, at least once every 6 months for the first year

of such employment and annually thereafter for the duration of the employment, inform

the person of opportunities in the geographic area in which the person resides to

receive training concerning self-advocacy, self-determination and peer mentoring that

is provided by a person or entity that does not have a financial interest in the employment

outcome of the person. 5. If a provider of jobs and day training services certified pursuant to NRS 435.130 to 435.310 , inclusive, enters into a contract or other arrangement described in subsection 1

with a business with fewer than 15 employees, the business may satisfy the requirements

of subsection 4 by referring a person employed pursuant to the arrangement to the

Division for the services described in that subsection at least once every 6 months

for the first year of such employment and annually thereafter for the duration of

the employment. 6. The Division, in consultation with the Department of Education, shall adopt regulations

prescribing the manner in which compliance with the requirements of subsections 1

and 4 may be documented. 7. An employer who employs a person pursuant to a contract or other arrangement described

in subsection 1 shall: (a) Before the employment begins, verify that the person meets the requirements of

subsection 1 by reviewing the documentation prescribed for that purpose pursuant to

subsection 6; (b) For the duration of the employment: (1) Verify that the person has received the services required by subsection 4 by reviewing

the documentation prescribed for that purpose pursuant to subsection 6; and (2) Maintain on file a copy of the documentation reviewed pursuant to subparagraph

(1) and paragraph (a). 8. The Division may inspect the documentation maintained pursuant to subparagraph

(2) of paragraph (b) of subsection 7 as necessary to ensure compliance with the requirements

of this section.