18.2 Individuals Employed at Subminimum Wage Regardless of Age

Regardless of age, all individuals working in employment for which they are earning a subminimum wage must receive career counseling, information, and referral services provided by DVR within 30 days of DVR awareness of the individual’s employment status. An individual may become known to DVR through any number of sources, including through the VR process, self-referral, or referral by the Client Assistance Program, another agency, or the entity employing the individual. DVR is under no obligation to actively recruit or solicit individuals employed at subminimum wage, however DVR staff will be mindful of situations in which they learn an individual is employed at subminimum wage and ensure appropriate follow-up occurs.

DVR will provide career counseling, information, and referral services to each individual in subminimum wage employment. These services must be provided in a manner that is understandable to the individual with a disability and facilitates informed choice and independent decision-making regarding opportunities for competitive integrated employment and career advancement–particularly with respect to supported employment and customized employment. These services may include benefits counseling. An entity holding a special wage certificate to employ individuals at subminimum wage will not provide these services. An individual working at subminimum wage will be informed of the vocational rehabilitation process and services available, but is not required to apply for services and may receive the required career counseling, information, and referral services without having an open case.

If an individual refuses to participate in any of the required activities, DVR will ensure the individual understands they will not be able to maintain employment compensated at a subminimum wage.

For individuals known to DVR who are hired into subminimum wage employment on or after July 22, 2016, DVR must review and provide career counseling, along with information and referral services, once every six months for the first year of the individual’s subminimum wage employment and annually thereafter for the duration of the subminimum wage employment.

For individuals employed in subminimum wage employment prior to July 22, 2016, DVR must review and provide career counseling, along with information and referral services once every year from the date the individual becomes known to DVR for the duration of the employment in which the individual is earning a subminimum wage.

Entities compensating employees at subminimum wages must ensure these employees receive information about local self-advocacy, self-determination, and peer mentoring training opportunities every six months during the first year of employment and annually thereafter. Entities with fewer than 15 employees may satisfy this requirement by referring the individuals earning subminimum wages to DVR for the provision of these services. DVR shall provide this information to individuals referred for this purpose within 30 days of the referral from the entity employing the individual. This information shall not be provided by an entity holding a special wage certificate to employ individuals at subminimum wage.

If the individual has participated in the VR process, all case management activities and services provided will be documented and maintained in the individual’s service record with DVR. Regardless of whether the individual has applied for VR services, DVR will provide the individual with documentation of all required activities utilizing the agency-approved form within 45 days of completion of the required review activities. If additional time is needed due to extenuating circumstances beyond DVR’s control, the documentation shall be provided within 90 days.

If an individual refuses to participate in any of the required activities, DVR will document this on the agency-approved form and provide it to the individual within 10 days of refusal.

DVR will maintain copies of all required documentation provided to each individual.