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

(a)

Comparability of wages

section 206(a)(1) of title 29The 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 . 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

section 5313 of title 5Notwithstanding 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 .

(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.

Pub. L. 97–35, title VI, § 653Aug. 13, 198195 Stat. 507 Pub. L. 101–501, title I, § 122Nov. 3, 1990104 Stat. 1237 Pub. L. 110–134, § 22Dec. 12, 2007121 Stat. 1442(, , ; , , ; , , .)

Editorial Notes

Amendments

Pub. L. 110–1342007— designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

Pub. L. 101–5011990— 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 Amendment

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