§9848 — Title 42 The Public Health and Welfare | U.S. Code

Summary

The Secretary must make sure people who work on programs paid for under this law are paid fairly. Their pay cannot be more than the higher of (1) the average pay for similar work where the program is run or (2) the average pay where the worker last worked. Pay also must not be below the federal minimum wage. The Secretary should encourage Head Start agencies to use salary scales based on training and experience. No federal money can be used to pay any part of a Head Start employee’s pay if the employee’s total pay (including non‑federal money) is higher than the pay for Executive Schedule Level II. Compensation means pay like salary, bonuses, severance, paid leave, and the value of perks. It does not include agency payments for health, life, disability, retirement, or other pension/welfare benefits.

Title 42, §9848

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

(a)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.

(b)(1)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.

(2)In this subsection, the term “compensation”—

(A)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

(B)excludes any Head Start agency expenditure for a health, medical, life insurance, disability, retirement, or any other employee welfare or pension benefit.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2007—Pub. L. 110–134 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). 1990—Pub. L. 101–501 inserted at end “The Secretary shall encourage Head Start agencies to provide compensation according to salary scales that are based on training and experience.”

Statutory Notes and Related Subsidiaries

Effective Date

of 1990 AmendmentAmendment by Pub. L. 101–501 effective Oct. 1, 1990, see section 1001(a) of Pub. L. 101–501, set out as a note under section 8621 of this title.

§9848 Comparability of wages