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42 U.S.C. § 8009Miscellaneous provisions

submitted 48 years ago by Pub. L. 95-557 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 294 words · no verdicts yet

in plain englishAI-generated · not legal advice

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.

This section covers a mix of worker-pay, tax, and status rules for congregate services programs. (a) Utilization of elderly and permanently disabled adult persons. Housing agencies and nonprofits must, as much as practical, use elderly and permanently disabled residents — who aren't themselves eligible project residents — to help provide the services under this chapter. These workers must be paid at least the highest of: the federal minimum wage that would apply if they weren't exempt (1); the state or local minimum wage for similar work (2); or the going pay rate for similar public jobs with the same employer (3). (b) Tax treatment of services received. Except for the wages described in (a), no service a public housing resident receives under this chapter counts as income for any other federal or state program or law. (c) Individuals receiving aid considered residents of own household. People getting services under this chapter are treated as residents of their own households — not as residents of a public institution — for purposes of any other program or law. (d) Regulations. The Secretary may issue regulations to carry out this chapter.
the actual law source: uscode.house.gov ↗public domain
(a) Utilization of elderly and permanently disabled adult persons

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—

(1)

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;

(2)

the State or local minimum wage for the most nearly comparable covered employment; or

(3)

the prevailing rates of pay for persons employed in similar public occupations by the same employer.

(b) Tax treatment of services received

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.

(c) Individuals receiving aid considered residents of own household

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.

(d) Regulations

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.)

history & why it existsrecord from the source credit
  • 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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