Sec. 302. Wage theft prevention and wage recovery grant program
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/bill/116/s/2101/is/section-302A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Secretary, acting through the Administrator, shall provide grants to eligible entities to assist such entities in enhancing the enforcement of wage and hour laws, in accordance with this section and consistent with the purposes of this Act. A grant provided under this section shall be designed to— support an eligible entity in establishing and supporting the activities described in subsection (c)(1); and develop community partnerships to expand and improve cooperative efforts between enforcement agencies and members of the community to— prevent and reduce wage and hour violations; and assist employees in recovering back pay for any such violations.
The grants described in this section shall assist eligible entities in establishing and supporting activities that include— disseminating information and conducting outreach and training to educate employees about their rights under wage and hour laws; conducting educational training for employers about their obligations under wage and hour laws; conducting orientations and trainings jointly with officials of the Wage and Hour Division of the Department of Labor; providing assistance to employees in filing claims of wage and hour violations; assisting enforcement agencies in conducting investigations, including in the collection of evidence and recovering back pay; monitoring compliance with wage and hour laws; performing joint visitations to worksites that violate wage and hour laws with officials from the Wage and Hour Division of the Department of Labor; establishing networks for education, communication, and participation in the workplace and community; evaluating the effectiveness of programs designed to prevent wage and hour violations and enforce wage and hour laws; recruiting and hiring of staff and volunteers; production and dissemination of outreach and training materials; and any other activities as the Secretary may reasonably prescribe through notice and comment rulemaking.
Notwithstanding paragraph (1), an eligible entity receiving a grant under this section may not use the grant funds for any purpose reasonably prohibited by the Secretary through notice and comment rulemaking. Each grant made under this section shall be available for expenditure for a period that is not to exceed 3 years. An eligible entity seeking a grant under this section shall submit an application for such grant to the Secretary in accordance with this subsection. In the case of an eligible entity that is a partnership described in section 301(4)(E), the eligible entity may submit a joint application that designates a single entity as the lead entity for purposes of receiving and disbursing funds.
An application under this subsection shall include— a description of a plan for the program that the eligible entity proposes to carry out with a grant under this section, including a long-term strategy and detailed implementation plan that reflects expected participation of, and partnership with, community partners; information on the prevalence of wage and hour violations in each community or State of the eligible entity; information on any industry or geographic area targeted by the plan for such program; information on the type of outreach and relationship building that will be conducted under such program; information on the training and education that will be provided to employees and employers under such program; and the method by which the eligible entity will measure results of such program.
In accordance with this subsection, the Secretary shall, on a competitive basis, select grant recipients from among eligible entities that have submitted an application under subsection (e). In selecting grant recipients under paragraph (1), the Secretary shall give priority to eligible entities that— serve employees in any industry or geographic area that is most highly at risk for noncompliance with wage and hour violations, as identified by the Secretary; and demonstrate past and ongoing work to prevent wage and hour violations or to recover unpaid wages.
In selecting grant recipients under paragraph (1), the Secretary shall also consider— the prevalence of ongoing community support for each eligible entity, including financial and other contributions; and the eligible entity's past and ongoing partnerships with other organizations. Not later than 60 days after receiving a grant under this section, the grant recipient shall negotiate and finalize with the Secretary a memorandum of understanding that sets forth specific goals, objectives, strategies, and activities that will be carried out under the grant by such recipient through a community partnership.
A representative of the grant recipient (or, in the case of a grant recipient that is an eligible entity described in section 301(4)(E), a representative of each entity that composes the grant recipient) and the Secretary shall sign the memorandum of understanding under this subsection. The memorandum of understanding under this subsection shall be reviewed and revised by the grant recipient and the Secretary each year of the duration of the grant. Each grant recipient under this section shall develop procedures for reporting, monitoring, measuring, and evaluating the activities of each program or project funded under this section.
The procedures required under paragraph
(1)shall be in accordance with guidelines established by the Secretary. If the Secretary determines that a recipient of a grant under this section is not in compliance with the terms and requirements of the memorandum of understanding under subsection (g), the Secretary may revoke or suspend (in whole or in part) the funding of the grant. In addition to the Wage and Hour Division, the Secretary (acting through the Administrator) may use any division or agency of the Department of Labor in carrying out this title.