Community Services Programs
Children Mental Health Rights; Rules of General Applicability -
Fair Compensation for Work
A. Recipients have the right to be paid a fair
wage for work done.
- Each individual or agency subject to the provisions
of these regulations shall pay at least the minimum
wage to each recipient who performs work regardless
of level of performance regardless of whether or
not the work is considered therapeutic, and regardless
of whether or not the recipient replaces or would
replace a non-recipient worker.
- Agencies shall compensate any recipient performing
any work which is similar or identical to that performed
by a non-recipient employee at the same rate as
such non-recipient employee is compensated.
B. Definitions. For purposes of this section,
the following definitions shall apply:
- Work shall mean any work having consequential
economic benefit to the mental health agency, including
any activity involved in the care, maintenance,
and operation of the mental health agency.
- Work shall not mean those tasks performed
by each recipient for his or her own basic care
or hygiene or upkeep of personal living space.
- Federal law shall mean the Fair Labor Standards
Act which sets national labor standards.
- Minimum wage shall mean that hourly rate of
pay established by the United States Congress or
by the State of Maine, whichever is higher, as the
legal minimum.
C. Agencies shall not directly or indirectly compel
a recipient to perform any work, or punish any recipient
for declining to perform work. Agencies shall not
make any privilege or agency service conditional
upon a recipient's agreement to perform work or
withdraw a recipient's privileges or services because
of that recipient's failure to perform work.
D. Agencies shall not discriminate in the hiring
of agency staff. Any recipient is eligible to apply
for and occupy, if qualified, any job classification.
E.
Exceptions:
- Agencies and service providers subjected to
these regulations may pay sub-minimum wage to a
recipient who performs work after proper certification
has been made by the United States Department of
Labor under Handicapped Worker provisions contained
in federal law.
- Payment for work shall not be required when
a recipient is a participant in an independent living
program which requires a fair division of labor
among all participants, including community-based
psychosocial clubs and transitional living facilities,
or in community-based transitional employment programs.
