Page:United States Statutes at Large Volume 96 Part 1.djvu/1387

 PUBLIC LAW 97-300—OCT. 13, 1982

96 STAT. 1345

(n) The Secretary shall notify the Governor and the appropriate private industry councils and chief elected officials of, and consult with the Governor and such councils and officials concerning, any activity to be funded by the Secretary under this Act within the State or service delivery area; and the Grovernor shall notify the appropriate private industry councils and chief elected officials of, and consult with such concerning, any activity to be funded by the Governor under this Act within the service delivery area. (o)(1) All education programs for youth supported with funds provided under title II shall be consistent with applicable State and Post, p. 1358. local educational standards. (2) Standards and procedures with respect to the awarding of academic credit and certifying educational attainment in programs conducted under such title shall be consistent with the requirements of applicable State and local law and regulation. (p) No funds available under part B of this title or part A of title II may be used for public service employment. BENEFITS

SEC. 142. (a) Except as otherwise provided in this Act, the following provisions shall apply to all activities financed under this Act: (1) A trainee shall receive no payments for training activities in which the trainee fails to participate without good cause. (2) Individuals in on-the-job training shall be compensated by the employer at the same rates, including periodic increases, as similarly situated employees or trainees and in accordance with applicable law, but in no event less than the higher of the rate specified in section 6(a)(l) of the Fair Labor Standards Act of 1938 or the applicable State or local minimum wage law. (3) Individuals employed in activities authorized under this Act shall be paid wages which shall not be less than the highest of (A) the minimum wage under section 6(a)(l) of the Fair Labor Standards Act of 1938, (B) the minimum wage under the applicable State or local minimum wage law, or (C) the prevailing rates of pay for individuals employed in similar occupations by the same employer. (b) Allowances, earnings and pa3nnents to individuals participating in programs under this Act shall not be considered as income for the purposes of determining eligibility for and the amount of income transfer and in-kind aid, other than programs under the Social Security Act.

Wages and earnings. 29 USC 1552.

29 USC 206.

42 USC 1305.

LABOR STANDARDS

SEC. 143. (a)(1) Conditions of employment and training shall be 29 USC 1553. appropriate and reasonable in light of such factors as the type of work, geographical region, and proficiency of the participant. (2) Health and ssifety sti^tidards established under State and Federal law, otherwise applicable to working conditions of employees, shall be equally applicable to working conditions of participants. With respect to any participant in a program conducted under this Regulation. Act who is engaged in activities which are not covered by health and safety standards under the Occupational Safety and Health Act of 1970, the Secretary shall prescribe, by regulation, such standards 29 USC 651 note. as may be necessary to protect the health and safety of such participants.

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