NAC608.350. Reducing minimum hourly rate of pay.

     1. No employer may reduce the minimum hourly wage rate guaranteed by a certificate without the prior consent of the Administrator.

     2. To obtain the consent required by subsection 1, the employer must submit to the Administrator information which is relevant to the criteria set forth in subsection 3. The burden of establishing the necessity of the reduction is on the employer.

     3. In reviewing a request to reduce the wage rate of a worker with a disability, the Administrator will consider documented evidence of any change in:

     (a) The disabling condition of the worker which has a substantial adverse impact on his productive capacity;

     (b) The kind of work being performed in the facility which affects the productivity of the worker or results in the application of a lower prevailing wage; and

     (c) General economic conditions in the locality where the work is performed which results in a lower prevailing wage.

     (Added to NAC by Dep’t of Human Resources, eff. 2-14-89)