42 U.S.C. § 9848: Comparability of wages

Summary

The Secretary must make sure people working on programs under this subchapter are paid fairly. Pay cannot be more than the higher of the average local pay for similar work or the average pay in the area of the worker’s last job. Pay also cannot be below the minimum wage in section 206(a)(1) of title 29. The Secretary should encourage Head Start agencies to use salary scales tied to training and experience. No federal funds can pay any part of a Head Start employee’s pay if the total pay, counting non‑federal funds, exceeds the rate for level II of the Executive Schedule under section 5313 of title 5. "Compensation" includes salary, bonuses, periodic payments, severance, paid leave value, and perk value. It does not include agency spending on health, insurance, disability, retirement, or other welfare or pension benefits.

Title 42, §9848

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

(a)Comparability of wages

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)Limitation

(1)In general

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)Compensation

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