Sec. 402. Wage and hour reports
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For each year of the 5-year period described in section 14(c)(1)(A) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 214(c)(1)(A) ), as amended by title II, the Secretary (acting through the Administrator of the Wage and Hour Division), in coordination with the Civil Rights Division of the Department of Justice, shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives, an annual report summarizing practices of employers providing employment using special certificates, which, with respect to the preceding year, shall include— the number of employees (of such employers) who are individuals with disabilities and who are compensated at a rate that is 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 specified in the applicable State or local minimum wage law; or 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; the type of employment setting (such as segregated employment or competitive integrated employment) and the integrated services provided by such employers; the average hourly wage, minimum and maximum hourly wage, and average hours worked per week of employees described in paragraph (1), disaggregated by employer and by State; the aggregate demographic characteristics of employees described in paragraph (1), including the gender, ethnicity, race, and type of disability of such employees; and the number of employees who have transitioned from employment provided under a special certificate to competitive integrated employment, disaggregated by employer and by State.
Not later than 1 year after the date of enactment of this Act, the Secretary (acting through the Administrator of the Wage and Hour Division) shall— survey not less than 10 percent of employers providing employment to employees using special certificates, as of the date of enactment of this Act, which shall include an evaluation of— the training and support provided to such employees to promote their transition to competitive integrated employment; the actions taken by employers to identify competitive integrated employment for such employees; and the wages of such employees, including whether such wages are at a rate that is 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 specified in the applicable State or local minimum wage law; or 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 submit a report on the results of such survey to the Committee on Health, Education, Labor, and Pensions of the Senate, the Special Committee on Aging of the Senate, and the Committee on Education and Labor of the House of Representatives.
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