Elimination of subminimum wage for individuals with disabilities - legislative declaration - definitions

8-6-108.7. Elimination of subminimum wage for individuals with disabilities - legislative declaration - definitions. (1) The general assembly finds and declares that: (a) Colorado is an employment first state committed to the goal of achieving competitive integrated employment for individuals with disabilities; (b) Ensuring that individuals with disabilities have the opportunity to pursue employment paid in an amount equal to minimum wage or higher is a critical element of achieving this goal; (c) Due to systemic barriers, many individuals with disabilities are paid less than the minimum wage applicable to other employees and have limited opportunities to pursue competitive integrated employment; (d) The payment of subminimum wages is an economic justice issue for individuals with disabilities, impacting their ability to earn wages equal to their peers without disabilities and devaluing their contributions based on their disabilities; (e) Service enhancements and public policy changes are needed to address these systemic barriers and assist individuals in subminimum wage jobs to pursue competitive integrated employment; and (f) The elimination of subminimum wage employment, along with the implementation of critical service enhancements and policy changes, is essential to promoting economic justice for, and the enhanced self-sufficiency of, individuals with disabilities while ensuring that individuals currently working in subminimum wage jobs can successfully transition to competitive integrated employment, supported employment, or integrated community activities related to each individual's employment goals. (2) Repealed. (3) On and after July 1, 2025, an employer shall not pay an employee with a disability less than the highest applicable minimum wage regardless of whether the employer was issued a special certificate. (4) As used in this section: (a) Competitive integrated employment has the same meaning as set forth in section 8-84-301 (3). (b) Department means the department of labor and employment. (c) Special certificate means a special certificate issued by the United States department of labor pursuant to section 214 (c) of the federal Fair Labor Standards Act of 1938, as amended, 29 U.S.C. sec. 201 et seq., to an employer that authorizes the employer to pay wages that are less than the minimum wage otherwise required by law to employees whose earning or productive capacity is impaired by age, physical or mental disability, or injury. Source: L. 2021: Entire section added, (SB 21-039), ch. 380, p. 2543, � 2, effective July 1. Editor's note: Subsection (2)(d) provided for the repeal of subsection (2), effective July 1, 2025. (See L. 2021, p. 2543.)