Sec. 305. Program employment described

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Employment funded under this section shall meet the following specifications: Any employer that employs an individual whose employment is funded under the grant shall— continue to employ such individual absent good cause for the termination of the individual’s employment for as long as the project has need of the services provided by the individual or until the individual resigns, whichever comes first; employ such individual for between 35 and 40 hours per week if the individual desires full-time employment, and for a mutually agreed number of hours per week less than 35 if the individual desires part-time employment, except that this requirement shall not apply if a grant recipient’s Employment Opportunity Grant provides otherwise for good cause shown during the application process; comply with the responsible contractor standards of the Federal Acquisition Regulation (48 C.F.R. 1 et seq.); pursuant to guidelines established by the Secretary, provide compensation to such individual that is comparable in value to the compensation provided public sector employees who perform similar work in the community where such individual is employed or, if no public sector employees perform such similar work, provide compensation that is of comparable value to the compensation provided public sector employees hired to perform work of comparable worth in the community where such individual is employed; if such employment is in construction, provide compensation to any laborer or mechanic employed under the grant at rates not less than those prevailing on similar construction in the locality as determined by the Secretary in accordance with subchapter IV of chapter 31 of title 40, United States Code; and offer affirmative assistance to such individual in— applying for social benefits for which such individual or the members of such individual’s family may be eligible; and satisfying continuing reporting obligations required to maintain eligibility for social benefits such individual or the members of such individual’s family are receiving.

Any grant recipient that operates a training Program funded under this title shall— provide Program trainees a cost-of-living stipend set pursuant to standards established by the Secretary and made payable to the Program trainee as long as the Program trainee maintains satisfactory attendance, participation, and progress in the training Program; and offer affirmative assistance to individuals enrolled in the training program in— applying for social benefits for which they or the members of their family may be eligible; and satisfying continuing reporting obligations required to maintain eligibility for social benefits they or members of their family are receiving.

No individual whose employment is funded under this Act may work for an employer at which a collective bargaining agreement is in effect covering the same or similar work, unless— the consent of the union at such employer is obtained; and negotiations have taken place between such union and the employer as to the terms and conditions of such employment. No individual may be hired by a not-for-profit organization in a position funded under this Act to perform functions or services that are customarily performed, either exclusively or almost exclusive by a Unit of General Local Government unless the Unit of General Local Government in question refuses to apply for Program funding to expand or improve its own performance of the functions or services in question.

No individual whose employment is funded under this Act may be employed in a position if— employing such individual will result in the layoff or partial displacement (such as a reduction in hours, wages, or employee benefits) of an existing employee of the employer; or such individual will perform the same or substantially similar work that had previously been performed by an employee of the employer who has been laid off within the preceding 12 months or has been partially displaced as that term is described in subparagraph

(A)unless the employee has declined an offer of reinstatement to the position the employee occupied immediately prior to being laid off or partially displaced. No individual may be hired for a position funded under this Act in a manner that infringes upon the promotional opportunities of an existing employee of the Program employer. Program employees shall qualify as public sector employees for purposes of all otherwise applicable Federal, State, and local laws.

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48 CFR 1

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Sec. 305

Program employment described

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