§ 1552 TITLE 29—LABOR Page 618

1See References in Text note below.

Subsec. (g). Pub. L. 97–404, §1(f)(2), struck out

‘‘which’’ after ‘‘on-the-job training’’ and substituted

reference to this chapter for reference to this subchapter.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102–367 effective July 1, 1993,

see section 701(a) of Pub. L. 102–367, set out as an Effective Date of 1992 Amendment; Transition Provisions

note under section 1501 of this title.

JOB TRAINING REGULATIONS

Section 7 of Pub. L. 98–524, Oct. 19, 1984, 98 Stat. 2491,

provided that: ‘‘Notwithstanding section 629.38(e)(2)(iii)

of title 20 of the Code of Federal Regulations, relating

to allowable training costs under the Job Training

Partnership Act [this chapter], payment for training

packages purchased competitively pursuant to section

141(d)(3) of such Act [29 U.S.C. 1536(d)(3)] in the case of

youth shall include payment for the full unit price if

the training results in either placement in unsubsidized

employment or the attainment of an outcome specified

in section 106(b)(2) of such Act [29 U.S.C. 1516(b)(2)].’’

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1514, 1518, 1576,

1604, 1644, 1733, 1783 of this title.

§ 1552. Benefits

(a) Payments; compensation; wages; application

to territories

Except as otherwise provided in this chapter,

the following provisions shall apply to all activities financed under this chapter:

(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)(1) of the Fair Labor Standards Act

of 1938 [29 U.S.C. 206(a)(1)] or the applicable

State or local minimum wage law.

(3) Individuals employed in activities authorized under this chapter shall be paid wages

which shall not be less than the highest of (A)

the minimum wage under section 6(a)(1) of the

Fair Labor Standards Act of 1938 [29 U.S.C.

206(a)(1)], (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.

(4) References in paragraphs (2) and (3) to

section 6(a)(1) of the Fair Labor Standards Act

of 1938 (29 U.S.C. 206(a)(1))—

(A) shall be deemed to be references to section 6(c) 1 of that Act [29 U.S.C. 206(c)] for individuals in the Commonwealth of Puerto

Rico;

(B) shall be deemed to be references to section 6(a)(3) of that Act [29 U.S.C. 206(a)(3)]

for individuals in American Samoa; and

(C) shall not be applicable for individuals

in other territorial jurisdictions in which

section 6 of the Fair Labor Standards Act of

1938 [29 U.S.C. 206] does not apply.

(b) Allowances, earnings, and payments as income

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.].

(Pub. L. 97–300, title I, §142, Oct. 13, 1982, 96 Stat.

1345; Pub. L. 97–404, §1(g), Dec. 31, 1982, 96 Stat.

2026; Pub. L. 102–367, title I, §132, Sept. 7, 1992,

106 Stat. 1045.)

REFERENCES IN TEXT

Section 6(c) of the Fair Labor Standards Act, referred

to in subsec. (a)(4)(A), is section 6(c) of act June 25,

1938, ch. 676, which was classified to section 206(c) of

this title, and was repealed by Pub. L. 104–188, [title II],

§2104(c), Aug. 20, 1996, 110 Stat. 1929.

The Social Security Act, referred to in subsec. (b), is

act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended, which

is classified generally to chapter 7 (§301 et seq.) of Title

42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title

42 and Tables.

AMENDMENTS

1992—Subsec. (a)(4). Pub. L. 102–367, §132(1), added par.

(4).

Subsec. (b). Pub. L. 102–367, §132(2), substituted

‘‘other than as provided’’ for ‘‘other than programs’’.

1982—Subsec. (b). Pub. L. 97–404 inserted ‘‘furnished

under any Federal or federally assisted program based

on need’’ after ‘‘aid’’.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102–367 effective July 1, 1993,

see section 701(a) of Pub. L. 102–367, set out as an Effective Date of 1992 Amendment; Transition Provisions

note under section 1501 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 7 section 2014; title

42 sections 12637, 12899e.

§ 1553. Labor standards

(a) Employment conditions; local standards;

workers’ compensation; workplace comparability; retirement plan exclusion

(1) Conditions of employment and training

shall be appropriate and reasonable in light of

such factors as the type of work, geographical

region, and proficiency of the participant.

(2) Health and safety standards 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 chapter who is

engaged in activities which are not covered by

health and safety standards under the Occupational Safety and Health Act of 1970 [29 U.S.C.

651 et seq.], the Secretary shall prescribe, by

regulation, such standards as may be necessary

to protect the health and safety of such participants.

(3) To the extent that a State workers’ compensation law is applicable, workers’ compensation benefits in accordance with such law shall