42 U.S.C. § 8009 — Miscellaneous provisions
submitted 48 years ago by Pub. L. 95-557 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 294 words · no verdicts yet
This law protects the pay and status of workers and residents in congregate services programs. Elderly and disabled residents who help provide services must be paid at least minimum wage. Their services aren't counted as income, and they keep their status as private household residents.
Each public housing agency and nonprofit corporation* shall, to the maximum extent practicable, utilize elderly and permanently disabled adult persons who are residents of public housing projects or projects assisted under section 1701q of title 12, but who are not eligible project* residents, to participate in providing the services assisted under this chapter. Such persons shall be paid wages which shall not be lower than whichever is the highest of—
the minimum wage which would be applicable to the employee under the Fair Labor Standards Act of 1938 [29 U.S.C. 201 et seq.], if section 6(a)(1) of such Act [29 U.S.C. 206(a)(1)] applied to the resident and if he or she were not exempt under section 13 [29 U.S.C. 213] thereof;
the State* or local minimum wage for the most nearly comparable covered employment; or
the prevailing rates of pay for persons employed in similar public occupations by the same employer.
No service provided to a public housing resident or to a resident of a housing project assisted under section 1701q of title 12 under this chapter, except for wages paid under subsection (a) of this section, may be treated as income for the purpose of any other program or provision of State or Federal law.
Individuals receiving services assisted under this chapter shall be deemed to be residents of their own households, and not to be residents of a public institution, for the purpose of any other program or provision of State or Federal law.
The Secretary* may issue regulations to carry out the provisions of this chapter.
Source credit: (Pub. L. 95–557, title IV, § 410, Oct. 31, 1978, 92 Stat. 2109.)
- 1978Enacted · Pub. L. 95-557 · 92 Stat. 2109
A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-557 on 1978-10-31.
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