29 USC 3241 - Requirements and restrictions

U.S Code last checked for updates: Nov 22, 2024

§ 3241.

Requirements and restrictions

(a)

Benefits

(1)

Wages

(A)

In general

(B)

Rule of construction

(2)

Treatment of allowances, earnings, and payments

(b)

Labor standards

(1)

Limitations on activities that impact wages of employees

(2)

Displacement

(A)

Prohibition

(B)

Prohibition on impairment of contracts

(3)

Other prohibitions

A participant in a specified activity shall not be employed in a job if—

(A)

any other individual is on layoff from the same or any substantially equivalent job;

(B)

the employer has terminated the employment of any regular employee or otherwise reduced the workforce of the employer with the intention of filling the vacancy so created with the participant; or

(C)

the job is created in a promotional line that will infringe in any way upon the promotional opportunities of currently employed individuals (as of the date of the participation).

(4)

Health and safety

(5)

Employment conditions

(6)

Opportunity to submit comments

(7)

No impact on union organizing

(c)

Grievance procedure

(1)

In general

(2)

Investigation

(A)

In general

The Secretary shall investigate an allegation of a violation described in paragraph (1) if—

(i)

a decision relating to such violation has not been reached within 60 days after the date of the filing of the grievance or complaint and either party appeals to the Secretary; or

(ii)

a decision relating to such violation has been reached within such 60 days and the party to which such decision is adverse appeals such decision to the Secretary.

(B)

Additional requirement

(3)

Remedies

Remedies that may be imposed under this section for a violation of any requirement of this subchapter shall be limited—

(A)

to suspension or termination of payments under this subchapter;

(B)

to prohibition of placement of a participant with an employer that has violated any requirement under this subchapter;

(C)

where applicable, to reinstatement of an employee, payment of lost wages and benefits, and reestablishment of other relevant terms, conditions, and privileges of employment; and

(D)

where appropriate, to other equitable relief.

(4)

Rule of construction

(d)

Relocation

(1)

Prohibition on use of funds to encourage or induce relocation

(2)

Prohibition on use of funds after relocation

(3)

Repayment

(e)

Limitation on use of funds

(f)

Testing and sanctioning for use of controlled substances

(1)

In general

Notwithstanding any other provision of law, a State shall not be prohibited by the Federal Government from—

(A)

testing participants in programs under part B for the use of controlled substances; and

(B)

sanctioning such participants who test positive for the use of such controlled substances.

(2)

Additional requirements

(A)

Period of sanction

In sanctioning participants in a program under part B who test positive for the use of controlled substances—

(i)

with respect to the first occurrence for which a participant tests positive, a State may exclude the participant from the program for a period not to exceed 6 months; and

(ii)

with respect to the second occurrence and each subsequent occurrence for which a participant tests positive, a State may exclude the participant from the program for a period not to exceed 2 years.

(B)

Appeal

(C)

Privacy

(3)

Funding requirement

(g)

Subgrant authority

(Pub. L. 113–128, title I, § 181, July 22, 2014, 128 Stat. 1586.)

cite as: 29 USC 3241