Page:United States Statutes at Large Volume 103 Part 1.djvu/970

 103 STAT. 942 PUBLIC LAW 101-157—NOV. 17, 1989 (1) any other individual has been laid off by such employer from the position to be filled by such eligible employee or from any substantially equivalent position; or (2) such employer has terminated the employment of any regular employee or otherwise reduced the number of em- ployees with the intention of filling the vacancy so created by hiring an employee to be paid such wage. (d) LIMITATIONS. — (1) EMPLOYEE HOURS.—During any month in which employees are to be employed in an establishment under this section, the proportion of employee hours of employment to the total hours of employment of all employees in such establishment may not exceed a proportion equal to one-fourth of the total hours of employment of all employees in such establishment. (2) DISPLACEMENT.— (A) PROHIBITION.—No employer may take any action to displace employees (including partial displacements such as reduction in hours, wages, or employment benefits) for purposes of hiring individuals at the wage authorized in subsection (a). (B) DisQUAUFiCATioN. —I f the Secretary determines that an employer has taken an action in violation of subpara- graph (A), the Secretary shall issue an order disqualifying such employer from employing any individual at such wage. (e) NOTICE. —Each employer shall provide to any eligible employee who is to be paid the weige authorized by subsection (a) a written notice before the employee begins employment stating the require- ments of this section and the remedies provided by subsection (f) for violations of this section. The Secretary shall provide to employers the text of the notice to be provided under this subsection. (f) ENFORCEMENT.—Any employer who violates this section shall be considered to have violated section 15(a)(3) of the Fair Labor Standards Act of 1938 (29 U.S.C. 215(a)(3)). Sections 16 and 17 of such Act (29 U.S.C. 216 and 217) shall apply with respect to the violation. (g) DEFINITIONS.— For purposes of this section: (1) ELIGIBLE EMPLOYEE. — (A) IN GENERAL.—The term "eligible employee" means with respect to an employer an individual who— (i) is not a migrant agricultural worker or a seasonal agricultural worker (as defined in paragraphs (8) and (10) of section 3 of the Migrant and Seasonal Agricul- tural Worker Protection Act (29 U.S.C. 1802 (8) and (10)) without regard to subparagraph (B) of such para- graphs and is not a nonimmigrant described in section 101(a)(15XHXiiXa) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15XHXiiXa)); (ii) has not attained the age of 20 years; and (iii) is eligible to be paid the wage authorized by subsection (a) as determined under subparagraph (B). (B) DURATION.— (i) An employee shall initially be eligible to be paid the wage authorized by subsection (a) until the em- ployee has been employed a cumulative total of 90 days at such wage. (ii) An employee who has been employed by an em- ployer at the wage authorized by subsection (a) for the

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