§ 25.5-10-224 — Right to fair employment practices

(1) No person receiving
services shall be required to perform labor; except that persons receiving services
may voluntarily engage in such labor if the labor is compensated in accordance with
applicable minimum wage laws.

(2) No person receiving services shall be involved in the physical care, care
and treatment, training, or supervision of other persons receiving services unless
such person has volunteered, has been specifically trained in the necessary skills,
and has the judgment required for such activities, is adequately supervised, and is
reimbursed in accordance with the applicable minimum wage laws.

(3) Each person receiving services may perform vocational training tasks,
subject to a presumption that an assignment longer than three months to any task
is not a training task, if the specific task or any change in task assignment is an
integral part of such person's individualized plan. If such person performs
vocational training tasks for which the service agency is receiving compensation
from any outside source, the person shall be compensated in accordance with the
applicable minimum wage laws.

(4) Each person receiving services may voluntarily engage in labor for which
the service agency would otherwise have to pay an employee if the specific labor or
any change in labor is an integral part of such person's individualized plan and the
person is compensated in accordance with the applicable minimum wage laws.

(5) Each person receiving services may be required to perform tasks of a
personal housekeeping nature or tasks oriented to improving community living
skills in accordance with the person's individualized plan.

(6) Payment to persons receiving services pursuant to this section shall not
be collected by the service agency to offset the costs of providing services and
supports to such person.

Legislative History

Source: L. 2013: Entire article added with relocations, (HB 13-1314), ch. 323, p. 1774, � 1, effective March 1, 2014.