Nevada Revised Statutes 435.307 – Transition plan for workers earning less than state minimum wage; regulations. [Effective January 1, 2025, through December 31, 2027.]
1. On or before January 1 of each year, a provider of jobs and day training services that holds a valid certificate issued pursuant to 29 U.S.C. § 214(c) authorizing the provider of jobs and day training services to pay less than the state minimum wage in effect on that date shall submit to the Division for its approval a plan detailing the manner in which the provider of jobs and day training services will:
Terms Used In Nevada Revised Statutes 435.307
- Division: means the Aging and Disability Services Division of the Department. See Nevada Revised Statutes 435.007
- Person: includes a child and any other consumer with an intellectual disability and a child or any other consumer with a developmental disability who has attained the age of 18 years. See Nevada Revised Statutes 435.007
- Training: means a program of services directed primarily toward enhancing the health, welfare and development of persons with intellectual disabilities or persons with developmental disabilities through the process of providing those experiences that will enable the person to:
(a) Develop his or her physical, intellectual, social and emotional capacities to the fullest extent;
(b) Live in an environment that is conducive to personal dignity; and
(c) Continue development of those skills, habits and attitudes essential to adaptation in contemporary society. See Nevada Revised Statutes 435.007
(a) Transition such persons from earning less than the state minimum wage to earning at least the state minimum wage by January 1, 2028, or support such persons in obtaining competitive integrated employment, supported employment or community activities related to the goals of the persons; and
(b) Assist such persons to participate in unpaid activities that are not related to employment.
2. A plan submitted pursuant to subsection 1 must be informed by evidence-based practices and models for providing effective employment and align with any applicable federal laws and regulations. Such a plan must be accompanied by a report that contains for each person who is earning less than the state minimum wage under a valid certificate issued pursuant to 29 U.S.C. § 214(c), measurable benchmarks to show the progress the provider of jobs and day training services is making toward:
(a) Transitioning the person to earning at least the state minimum wage or supporting the person in pursuing competitive integrated employment, supported employment or community activities related to the goals of the person; and
(b) Assisting the person to participate in unpaid activities that are not related to employment.
3. If the Division determines that a plan submitted pursuant to this section does not meet the requirements of this section or will not make adequate progress towards the goals prescribed by subsection 1, the Division shall require the provider of jobs and day training services to submit a revised plan.
4. The Division may adopt any regulations necessary to carry out the provisions of this section and NRS 435.309.
5. As used in this section, ‘supported employment’ has the meaning ascribed to it in 29 U.S.C. § 705(38).