2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.305 - Conditions under which provider of services may enter into arrangement to provide for employment of person under 25 years of age for less than state minimum wage; regulations concerning documentation. [Effective through December 31, 2024.] Conditions under which provider of services may enter into arrangement to provide for employment of person under 25 years of age for less than state minimum wage; regulations concerning documentation. [Effective January 1, 2025, through December 31, 2027.]

1. Except as otherwise provided in subsection 3, a provider of jobs and day training services certified pursuant to NRS 435.130 to 435.310, inclusive, may enter into a contract or other arrangement with any person or governmental entity to provide for the employment of a person under 25 years of age under which the person will be paid less than the state minimum wage if the person was employed on July 22, 2016, by an entity that holds a valid certificate pursuant to 29 U.S.C. § 214(c) or, before beginning such employment, the person has:
(a) Received preemployment transition services available under the provisions of 29 U.S.C. § 733 or transition services under the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq.;
(b) Received career counseling, information and referrals to federal and state programs and other resources in the geographic area in which the person resides that offer services and supports that are designed to enable the person to attain competitive integrated employment and meet the requirements of subsection 2; and
(c) Applied for vocational rehabilitation services under the provisions of 29 U.S.C. §§ 720 to 751, inclusive, and been found:
(1) Ineligible for such services; or
(2) Eligible for such services and:
(I) Has an individualized plan for employment pursuant to 29 U.S.C. § 722;
(II) Has been working, with appropriate supports and services, toward an employment outcome specified in that plan without success; and
(III) The person’s vocational rehabilitation case has been closed.
2. Counseling, information, referrals, services and supports provided pursuant to paragraph (b) of subsection 1 must not be provided to a person for the purpose of obtaining employment compensated at less than the state minimum wage.
3. A provider of jobs and day training services certified pursuant to NRS 435.130 to 435.310, inclusive, shall not enter into a contract or other arrangement described in subsection 1 with a local educational agency.
4. Except as otherwise provided in subsection 5, if a provider of jobs and day training services certified pursuant to NRS 435.130 to 435.310, inclusive, enters into a contract or other arrangement described in subsection 1:
(a) The Division shall, at least once every 6 months for the first year of such employment and annually thereafter for the duration of the employment, provide the person employed pursuant to the arrangement with career counseling, information and referrals as described in paragraph (b) of subsection 1 in a manner that facilitates independent decisions and informed choice; and
(b) The employer of the person shall, at least once every 6 months for the first year of such employment and annually thereafter for the duration of the employment, inform the person of opportunities in the geographic area in which the person resides to receive training concerning self-advocacy, self-determination and peer mentoring that is provided by a person or entity that does not have a financial interest in the employment outcome of the person.
5. If a provider of jobs and day training services certified pursuant to NRS 435.130 to 435.310, inclusive, enters into a contract or other arrangement described in subsection 1 with a business with fewer than 15 employees, the business may satisfy the requirements of subsection 4 by referring a person employed pursuant to the arrangement to the Division for the services described in that subsection at least once every 6 months for the first year of such employment and annually thereafter for the duration of the employment.
6. The Division, in consultation with the Department of Education, shall adopt regulations prescribing the manner in which compliance with the requirements of subsections 1 and 4 may be documented.
7. An employer who employs a person pursuant to a contract or other arrangement described in subsection 1 shall:
(a) Before the employment begins, verify that the person meets the requirements of subsection 1 by reviewing the documentation prescribed for that purpose pursuant to subsection 6;
(b) For the duration of the employment:
(1) Verify that the person has received the services required by subsection 4 by reviewing the documentation prescribed for that purpose pursuant to subsection 6; and
(2) Maintain on file a copy of the documentation reviewed pursuant to subparagraph (1) and paragraph (a).
8. The Division may inspect the documentation maintained pursuant to subparagraph (2) of paragraph (b) of subsection 7 as necessary to ensure compliance with the requirements of this section.
9. As used in this section:
(a) "Competitive integrated employment" has the meaning ascribed to it in 29 U.S.C. § 705.
(b) "Local educational agency" has the meaning ascribed to it in 20 U.S.C. § 1401(19).
(Added to NRS by 2017, 2808)
1. Except as otherwise provided in subsection 3, a provider of jobs and day training services certified pursuant to NRS 435.130 to 435.310, inclusive, may enter into a contract or other arrangement with any person or governmental entity to provide for the employment of a person under 25 years of age under which the person will be paid less than the state minimum wage if the person was:
(a) Employed on July 22, 2016, by an entity that holds a valid certificate pursuant to 29 U.S.C. § 214(c); or
(b) Before beginning such employment, the person has:
(1) Received preemployment transition services available under the provisions of 29 U.S.C. § 733 or transition services under the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq.;
(2) Received career counseling, information and referrals to federal and state programs and other resources in the geographic area in which the person resides that offer services and supports that are designed to enable the person to attain competitive integrated employment and meet the requirements of subsection 2; and
(3) Applied for vocational rehabilitation services under the provisions of 29 U.S.C. §§ 720 to 751, inclusive, and been found:
(I) Ineligible for such services; or
(II) Eligible for such services and has an individualized plan for employment pursuant to 29 U.S.C. § 722, has been working, with appropriate supports and services, toward an employment outcome specified in that plan without success and the person’s vocational rehabilitation case has been closed.
2. Counseling, information, referrals, services and supports provided pursuant to subparagraph (2) of paragraph (b) of subsection 1 must not be provided to a person for the purpose of obtaining employment compensated at less than the state minimum wage.
3. A provider of jobs and day training services certified pursuant to NRS 435.130 to 435.310, inclusive, shall not enter into a contract or other arrangement described in subsection 1 on or after January 1, 2025.
4. Except as otherwise provided in subsection 5, if a provider of jobs and day training services certified pursuant to NRS 435.130 to 435.310, inclusive, enters into a contract or other arrangement described in subsection 1:
(a) The Division shall, at least once every 6 months for the first year of such employment and annually thereafter for the duration of the employment, provide the person employed pursuant to the arrangement with career counseling, information and referrals as described in subparagraph (2) of paragraph (b) of subsection 1 in a manner that facilitates independent decisions and informed choice; and
(b) The employer of the person shall, at least once every 6 months for the first year of such employment and annually thereafter for the duration of the employment, inform the person of opportunities in the geographic area in which the person resides to receive training concerning self-advocacy, self-determination and peer mentoring that is provided by a person or entity that does not have a financial interest in the employment outcome of the person.
5. If a provider of jobs and day training services certified pursuant to NRS 435.130 to 435.310, inclusive, enters into a contract or other arrangement described in subsection 1 with a business with fewer than 15 employees, the business may satisfy the requirements of subsection 4 by referring a person employed pursuant to the arrangement to the Division for the services described in that subsection at least once every 6 months for the first year of such employment and annually thereafter for the duration of the employment.
6. The Division, in consultation with the Department of Education, shall adopt regulations prescribing the manner in which compliance with the requirements of subsections 1 and 4 may be documented.
7. An employer who employs a person pursuant to a contract or other arrangement described in subsection 1 shall:
(a) Before the employment begins, verify that the person meets the requirements of subsection 1 by reviewing the documentation prescribed for that purpose pursuant to subsection 6;
(b) For the duration of the employment:
(1) Verify that the person has received the services required by subsection 4 by reviewing the documentation prescribed for that purpose pursuant to subsection 6; and
(2) Maintain on file a copy of the documentation reviewed pursuant to subparagraph (1) and paragraph (a).
8. The Division may inspect the documentation maintained pursuant to subparagraph (2) of paragraph (b) of subsection 7 as necessary to ensure compliance with the requirements of this section.
(Added to NRS by 2017, 2808; A 2023, 2952, effective January 1, 2025; R 2023, 2958, effective January 1, 2028.)