Compensatory Payment

Compensatory Payment. All benefits mandated by law to be given to foreign national workers, including, but not limited to subsidized food, housing, local transportation, health insurance, or medical expenses must also be given to citizen or permanent resident workers as provided herein. These benefits may be provided in the form of in-kind benefits or in a cash equivalent, at the option of the citizen or permanent resident worker. Such in-kind benefits or cash equivalent shall be provided to all citizen or permanent resident workers in jobs where the standard hourly wage is less than $5.15, or the prevailing United States Federal minimum wage, whichever is higher. Any cash compensation benefit shall be added to citizen or permanent resident worker’s base wages or salary. Source: PL 9-71, § 4; amended by PL 11-74, § 1; amended by global amendment PL 15-108, § 5. Commission Comment: In the third sentence after the words “. . . standard hourly wage is less” the word “that” has been changed to “than” to correct a manifest typographical error. PL 11-74 that amended this section took effect on March 23, 1999. PL 11-74 contained severability and savings clauses as follows: Section 2. Severability. If any provision of this Act or the application of any such provision to any person or circumstance should be held invalid by a court of competent jurisdiction, the remainder of this Act or the application of its provisions to persons or circumstances other than those to which it is held invalid shall not be affected thereby. Section 3. Savings Clause. This Act and any repealer contained herein shall not be construed as affecting any existing right acquired under contract or acquired under statutes repealed or under any rule, regulation or order adopted under the statutes. Repealers contained in this Act shall not affect any proceeding instituted under or pursuant to prior law. The enactment of this Act shall not have the effect of terminating, or in any way modifying, any liability civil or criminal, which shall already be in existence on the date this Act becomes effective.