42 U.S.C. § 9848 — Comparability of wages
submitted 45 years ago by Pub. L. 97-35 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 273 words · no verdicts yet
A Head Start agency may not use Federal funds to pay any part of an employee’s compensation above the specified Executive Schedule rate. The section defines what counts as compensation and excludes listed employee-welfare benefits.
(a) A Head Start agency may not use Federal funds to pay any part of an employee’s compensation if the compensation, including non-Federal funds, is more than the rate for level II of the Executive Schedule under section 5313 of title 5. (2) “Compensation” includes salary, bonuses, periodic payments, severance pay, vacation time, compensatory or paid leave not excluded below, and the fair market value of employee benefits or privileges not excluded below. It does not include agency spending for health, medical, life-insurance, disability, retirement, or another employee-welfare or pension benefit.
The Secretary* shall take such action as may be necessary to assure that persons employed in carrying out programs financed under this subchapter shall not receive compensation at a rate which is (1) in excess of the average rate of compensation paid in the area where the program is carried out to a substantial number of the persons providing substantially comparable services, or in excess of the average rate of compensation paid to a substantial number of the persons providing substantially comparable services in the area of the person’s immediately preceding employment, whichever is higher; or (2) less than the minimum wage rate prescribed in section 206(a)(1) of title 29. The Secretary shall encourage Head Start agencies to provide compensation according to salary scales that are based on training and experience.
Notwithstanding any other provision of law, no Federal funds may be used to pay any part of the compensation of an individual employed by a Head Start agency, if such compensation, including non-Federal funds, exceeds an amount equal to the rate payable for level II of the Executive Schedule under section 5313 of title 5.
In this subsection, the term “compensation”—
includes salary, bonuses, periodic payments, severance pay, the value of any vacation time, the value of a compensatory or paid leave benefit not excluded by subparagraph (B), and the fair market value of any employee perquisite or benefit not excluded by subparagraph (B); and
excludes any Head Start agency expenditure for a health, medical, life insurance, disability, retirement, or any other employee welfare or pension benefit.
Source credit: (Pub. L. 97–35, title VI, § 653, Aug. 13, 1981, 95 Stat. 507; Pub. L. 101–501, title I, § 122, Nov. 3, 1990, 104 Stat. 1237; Pub. L. 110–134, § 22, Dec. 12, 2007, 121 Stat. 1442.)
- 1981Enacted · Pub. L. 97-35 · 95 Stat. 507
- 1990Amended · Pub. L. 101-501 · 104 Stat. 1237
- 2007Amended · Pub. L. 110-134 · 121 Stat. 1442
A history note hasn’t been published yet. The record shows enactment by Pub. L. 97-35 on 1981-08-13.
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