§ 2931. Requirements and restrictions
(a)
Benefits
(1)
Wages
(A)
In general
Individuals in on-the-job training or individuals employed in activities under this chapter shall be compensated at the same rates, including periodic increases, as trainees or employees who are similarly situated in similar occupations by the same employer and who have similar training, experience, and skills, and such rates shall be in accordance with applicable law, but in no event less than the higher of the rate specified in section
206
(a)(1) of this title or the applicable State or local minimum wage law.
(2)
Treatment of allowances, earnings, and payments
Allowances, earnings, and payments to individuals participating in programs under this chapter shall not be considered as income for the purposes of determining eligibility for and the amount of income transfer and in-kind aid furnished under any Federal or federally assisted program based on need, other than as provided under the Social Security Act (42 U.S.C. 301 et seq.).
(b)
Labor standards
(1)
Limitations on activities that impact wages of employees
No funds provided under this chapter shall be used to pay the wages of incumbent employees during their participation in economic development activities provided through a statewide workforce investment system.
(2)
Displacement
(A)
Prohibition
A participant in a program or activity authorized under this chapter (referred to in this section as a “specified activity”) shall not displace (including a partial displacement, such as a reduction in the hours of nonovertime work, wages, or employment benefits) any currently employed employee (as of the date of the participation).
(B)
Prohibition on impairment of contracts
A specified activity shall not impair an existing contract for services or collective bargaining agreement, and no such activity that would be inconsistent with the terms of a collective bargaining agreement shall be undertaken without the written concurrence of the labor organization and employer concerned.
(3)
Other prohibitions
A participant in a specified activity shall not be employed in a job if—
(4)
Health and safety
Health and safety standards established under Federal and State law otherwise applicable to working conditions of employees shall be equally applicable to working conditions of participants engaged in specified activities. To the extent that a State workers’ compensation law applies, workers’ compensation shall be provided to participants on the same basis as the compensation is provided to other individuals in the State in similar employment.
(5)
Employment conditions
Individuals in on-the-job training or individuals employed in programs and activities under this chapter, shall be provided benefits and working conditions at the same level and to the same extent as other trainees or employees working a similar length of time and doing the same type of work.
(6)
Opportunity to submit comments
Interested members of the public, including representatives of businesses and of labor organizations, shall be provided an opportunity to submit comments to the Secretary with respect to programs and activities proposed to be funded under subchapter II of this chapter.
(c)
Grievance procedure
(1)
In general
Each State and local area receiving an allotment under this chapter shall establish and maintain a procedure for grievances or complaints alleging violations of the requirements of this chapter from participants and other interested or affected parties. Such procedure shall include an opportunity for a hearing and be completed within 60 days after the filing of the grievance or complaint.
(2)
Investigation
(3)
Remedies
Remedies that may be imposed under this section for a violation of any requirement of this chapter shall be limited—
(B)
to prohibition of placement of a participant with an employer that has violated any requirement under this chapter;
(d)
Relocation
(1)
Prohibition on use of funds to encourage or induce relocation
No funds provided under this chapter shall be used, or proposed for use, to encourage or induce the relocation of a business or part of a business if such relocation would result in a loss of employment for any employee of such business at the original location and such original location is within the United States.
(2)
Prohibition on use of funds for customized or skill training and related activities after relocation
No funds provided under this chapter for an employment and training activity shall be used for customized or skill training, on-the-job training, or company-specific assessments of job applicants or employees, for any business or part of a business that has relocated, until the date that is 120 days after the date on which such business commences operations at the new location, if the relocation of such business or part of a business results in a loss of employment for any employee of such business at the original location and such original location is within the United States.
(e)
Limitation on use of funds
No funds available under this chapter shall be used for employment generating activities, economic development activities, investment in revolving loan funds, capitalization of businesses, investment in contract bidding resource centers, and similar activities that are not directly related to training for eligible individuals under this chapter. No funds available under subchapter II of this chapter shall be used for foreign travel.
(f)
Testing and sanctioning for use of controlled substances
(1)
In general
Notwithstanding any other provision of law, a State shall not be prohibited by the Federal Government from—
(2)
Additional requirements
(A)
Period of sanction
In sanctioning participants in programs under subchapter II of this chapter who test positive for the use of controlled substances—
(4)
2 Funding requirement
In testing and sanctioning of participants for the use of controlled substances in accordance with this subsection, the only Federal funds that a State may use are the amounts made available for the administration of statewide workforce investment activities under section
2864
(a)(3)(B) of this title.
[1] See References in Text note below.
[2] So in original. No par. (3) has been enacted.