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.

History: 1953 Comp., § 59-3-22.1, enacted by Laws 1967, ch. 242, § 1; 2007, ch. 46, § 46.

Compiler's notes. — The labor department referred to in Subsection A has been repealed by Laws 2007, ch. 200.

The 2007 amendment, effective June 15, 2007, made non-substantive language changes.

Legislative intent. — This section does not use the term "employee" in describing those intended to be covered by its provisions. The legislature undoubtedly was aware that a true employer-employee relationship does not in fact exist between an organization such as goodwill industries and its handicapped workers and avoided the "employee" terminology to assure coverage for these workers. 1968 Op. Att'y Gen. No. 68-02.

Handicapped within scope of section. — Goodwill's handicapped workers are within the scope of this section and may not be employees under 50-4-21 C(4) NMSA 1978. 1968 Op. Att'y Gen. No. 68-02.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Charity-sponsored work programs for handicapped persons as subject to provisions of National Labor Relations Act (29 USCS § 141 et seq.), 68 A.L.R. Fed. 905.