In 2023, the Nevada State Legislature passed historic legislation that phases out sub-minimum wage payments to people with disabilities in the state. Nevada Assembly Bill 259 revises provisions governing wages for persons with disabilities, transitioning the disability provider network in Nevada from sub-minimum wage, piece rate compensation while adding a new service provision in the state’s Home and Community Based Waiver supports system.
Nevada Assembly Bill 259 also provides for benefits planning for people with intellectual and developmental disabilities in Nevada. The bill was introduced to the Nevada State Legislature on March 7, and passed unanimously on June 5.
This bill prohibits a provider of jobs and day training services from entering into a contract that provides for a recipient of jobs and day training services to receive a wage that is less than the state minimum wage on or after January 1, 2025.
This bill also prohibits the payment of a wage that is less than the state minimum wage to a recipient of jobs and day training services on or after January 1, 2028.
This bill also prohibits a person from employing a person under a 14c waiver/subminimum wages after January 1, 2028.
This bill also requires a provider of jobs and day training services that holds a special certificate to annually submit a plan to Aging and Disability Services Division of the Department of Health and Human Services for approval. This plan must work to transition the recipient earning less than the state minimum wage to earning at least the state minimum wage by January 1, 2028, or in obtaining competitive integrated employment, supported employment or community activities related to the goals of the person. They must also assist the recipient in participating in unpaid activities that are not related to employment. This law also requires the plan to include a report with certain benchmarks showing the progress the provider is making toward transitioning a recipient of jobs and day training services who is earning less than the state minimum wage to earning at least the state minimum wage.
If you have questions pertaining to this law, we encourage you to reach out to us. We will work to get the answers and connect you with resources to better assist you in your employment plans.
For more information and resources, please visit our resources page.
You can also view the page on the Nevada Electronic Legislative Information System (NELIS) website for more information about the law. https://www.leg.state.nv.us/App/NELIS/REL/82nd2023/Bill/10024/Text
Council Position Statement on Employment
(Read More)The Nevada Governor’ Council on Developmental Disabilities (NGCDD) believes that individuals with developmental disabilities who can and want to work should have access to the resources and supports necessary to gain and maintain meaningful community-based employment.
Policy Recommendations:
- Remove barriers that create disincentives for people with developmental disabilities to find and maintain competitive employment (employment includes supported employment, job training and job coaching) with competitive wages in the community. These barriers may include: transportation, flexible options for on the job supports, and continued or potential health care benefits.
- Implement “Employment First” policies that transform the expectations of state agencies, service providers and people with developmental disabilities. Under “Employment First’, the expectation is that a person with a developmental or other disability can and wants to work, and a successful outcome is finding these individuals meaningful and gainful employment that meets their needs and interests by tailoring services to help them succeed in the workforce.
- Fully fund the state vocational rehabilitation (VR) program that are significantly under funded to meet the employment needs of individuals with severe disabilities who need VR services to obtain employment.
- Engage the private sector to raise awareness about and support for inclusion of people with developmental disabilities in the workforce and provide training, incentives and other supports to the business community to increase hiring of people with developmental disabilities.
- Increase, maintain, or reallocate funding for transition to work programs that successfully assist young people with developmental disabilities as they age out of education settings and prepare to seek, gain and maintain meaningful employment. Increase accountability at the local level to assure that students have jobs when they graduate.
- Strengthen funding for self-employment initiatives that enable people with developmental disabilities to start their own businesses and/or be self-employed.
- Adopt proactive polices by federal, state and local government agencies to recruit, hire, train and mentor people with developmental disabilities.
- Provide incentives to employers to support integrated, community employment at minimum wage or above.
For questions, please contact:
Nevada Governor’s Council on Developmental Disabilities
Email: rortiz@dhhs.nv.gov
Phone: 775-684-8619
Photo: June 5, 2023, Governor Joe Lombardo, Nevada, signs AB259 into law surrounded by individuals with disabilities, Jobs and Day Training Providers, Assemblywoman Tracy Brown-May, and other supporters of the measures.