California Labor Code

§ 1191

LAB § 1191 Effective Jan 1, 2022Div. 2 · Part 4 · Ch. 1

Statute text

(a)For any occupation in which a minimum wage has been established, the commission may issue to an employee who is mentally or physically disabled, or both, a special license authorizing the employment of the licensee for a period not to exceed one year from date of issue, at a wage less than the legal minimum wage. The commission shall fix a special minimum wage for the licensee. That license may be renewed on a yearly basis. No new licenses may be issued after January 1, 2022. Upon release of the plan, as described in subdivision (c), a license may only be renewed for existing licenseholders who meet the requisite benchmarks in the development plan established in accordance with subdivisions (c) and (d). This subdivision shall remain operative only until January 1, 2025, or until the plan as described in subdivision (c) is released, whichever is later, and as of that date is inoperative.

(b)Commencing January 1, 2025, or when the plan as described in subdivision (c) is released, whichever is later, an employee with a disability shall not be paid less than the legal minimum wage required by Section 1182.12 or the applicable local minimum wage ordinance, whichever is higher.

(c)The State Council on Developmental Disabilities, in consultation with stakeholders and relevant state agencies, as appropriate, including, but not limited to, the Department of Finance, the Labor and Workforce Development Agency, the Department of Rehabilitation, the State Department of Education, and the State Department of Developmental Services, shall develop a multiyear phaseout plan with stakeholder involvement, by January 1, 2023, in accordance with the procedures set forth in subdivision (d), to pay any employee with a disability, by January 1, 2025, no less than the minimum wage otherwise required for an employee under Section 1182.12 or the applicable local minimum wage ordinance, whichever is higher.

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Legislative history

Amended by Stats. 2021, Ch. 339, Sec. 2. (SB 639) Effective January 1, 2022.