[rehab] Competitive Employment at a Sheltered Workshop

[BrianMiller]

Hi,
Here is the regulatory citation for the definition of competitive integrated
employment from 34 CFR 361.5(c)(9):

(9)  Competitive integrated employment means work that-
(i)  Is performed on a full-time or part-time basis (including
self-employment) and for which an individual is compensated at a rate that- 
(A)  Is not less than the higher of the rate specified in section 6(a)(1) of
the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) or the rate
required under the applicable State or local minimum wage law for the place
of employment;  
(B)  Is not less than the customary rate paid by the employer for the same
or similar work performed by other employees who are not individuals with
disabilities and who are similarly situated in similar occupations by the
same employer and who have similar training, experience, and skills; and 
(C)  In the case of an individual who is self-employed, yields an income
that is comparable to the income received by other individuals who are not
individuals with disabilities and who are self-employed in similar
occupations or on similar tasks and who have similar training, experience,
and skills; and 
(D)  Is eligible for the level of benefits provided to other employees; and
(ii)  Is at a location--
(A)  Typically found in the community; and
(B)  Where the employee with a disability interacts for the purpose of
performing the duties of the position with other employees within the
particular work unit and the entire work site, and, as appropriate to the
work performed, other persons (e.g., customers and vendors), who are not
individuals with disabilities (not including supervisory personnel or
individuals who are providing services to such employee) to the same extent
that employees who are not individuals with disabilities and who are in
comparable positions interact with these persons; and  
(iii)  Presents, as appropriate, opportunities for advancement that are
similar to those for other employees who are not individuals with
disabilities and who have similar positions.
(Authority:  Sections 7(5) and 12(c) of the Rehabilitation Act of 1973, as
amended; 29 U.S.C. 705(5) and 709(c))

It is important to recognize that a determination of the integrated nature
of a position must be made on a case by case basis by the state VR agency.
There are no categories that are apriori integrated or not, either at the
production level or the management level. 

Thank you,

Brian Miller



-----Original Message-----
From: rehab [mailto:rehab-bounces at nfbnet.org] On Behalf Of Alexander, Lucy,
CFB via rehab
Sent: Wednesday, November 15, 2017 10:50 AM
To: Rehabilitation Counselor Mailing List
Cc: Alexander, Lucy, CFB
Subject: Re: [rehab] Competitive Employment at a Sheltered Workshop

Justin,

Dick is right regarding what positions are competitive in a sheltered shop.
I think the another issue is that it might not be integrated employment.

Warmly,
Lucy 

-----Original Message-----
From: rehab [mailto:rehab-bounces at nfbnet.org] On Behalf Of Dick Davis via
rehab
Sent: Wednesday, November 15, 2017 7:55 AM
To: Rehabilitation Counselor Mailing List
Cc: Dick Davis
Subject: Re: [rehab] Competitive Employment at a Sheltered Workshop

Only if the person is not a production worker, ie. management, purchasing,
sales, etc.
Dick Davis

On Nov 15, 2017 2:02 AM, "Justin Salisbury via rehab" <rehab at nfbnet.org>
wrote:

> Aloha Colleagues,
>
> I recently heard a rehab counselor report that his consumer had been 
> placed in competitive employment at a place that is a subminimum-wage 
> sheltered workshop. My understanding is that he is not being paid 
> subminimum wages, but I have a hard time believing that his job could 
> count as a competitive employment job when he's at a sheltered workshop.
>
> Can anyone here explain to me: is it possible to be competitively 
> employed at a sheltered workshop?
>
> Mahalo,
>
> Justin
>
> Justin M. Salisbury, MA, NOMC, NCRTB, NCUEB Legislative Committee 
> Chair Honolulu Chapter National Federation of the Blind of Hawaii
> Email: President at Alumni.ECU.edu<mailto:President at Alumni.ECU.edu>
> LinkedIn: https://www.linkedin.com/in/justin-salisbury
>
> "Once social change begins, it cannot be reversed. You cannot 
> un-educate the person who has learned to read. You cannot humiliate 
> the person who feels pride. You cannot oppress the people who are not
afraid anymore."
>
> Cesar Chavez
>
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>
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