§8009 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Public housing agencies and nonprofit groups must, as much as possible, hire elderly and permanently disabled adults who live in public housing or in housing helped under section 1701q of title 12, as long as they are not "eligible project residents." They must pay these workers at least the highest of three pay levels: (1) the federal minimum wage under the Fair Labor Standards Act of 1938 if section 6(a)(1) applied and the worker was not exempt under section 13; (2) the state or local minimum wage for similar work; or (3) the usual pay for similar public jobs by the same employer. Services given under this program (except the wages just described) cannot be counted as income for other state or federal programs. People who get these services are treated as living in their own homes, not in a public institution, for other programs. The Secretary may write rules to carry out these requirements.

Title 42, §8009

The Public Health and Welfare — Source: USLM XML via OLRC

(a)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)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 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)The Secretary may issue regulations to carry out the provisions of this chapter.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Fair Labor Standards Act of 1938, referred to in subsec. (a)(1), is act June 25, 1938, ch. 676, 52 Stat. 1060, which is classified generally to chapter 8 (§ 201 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see section 201 of Title 29 and Tables.

§8009 Miscellaneous provisions

Summary

Title 42, §8009

Notes & Related Subsidiaries

Editorial Notes

References in Text

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