New Mexico § 50-4-23 - Persons with a disability; minimum wage; director powers and duties

§ 50-4-23. Persons with a disability; minimum wage; director powers and duties

A. The director of the labor and industrial division of the labor department, 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 disability or injury or any other disability, at

wages that 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 director, pursuant to regulations and upon certification of any state agency

administering or supervising the administration of vocational rehabilitation services,

may issue special certificates that allow the holder thereof to work at wages that

are less than those required by Subsection A of this section and that are related

to the workers' productivity, for the employment of: (1) workers with a disability who are engaged in work that is incidental to training

or evaluation programs; and (2) persons with multiple disabilities and other persons whose earning capacity is

so severely impaired that they are unable to engage in competitive employment. C. The director may, by regulation or order, provide for the employment of persons

with a disability in work activities centers under special certificates at wages that

are less than the minimums applicable under Section 50-4-22 NMSA 1978, or less than that prescribed in Subsection A of this section, and that constitute

equitable compensation for such persons. As used in this subsection, “ work activities centers ” means centers planned and designed exclusively to provide therapeutic activities

for persons with a disability whose physical or mental disability 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 director when it is determined that the severity of disability

of an individual or circumstances warrants an extension of the certification.