2013 US Code
Title 42 - The Public Health and Welfare
Chapter 89 - CONGREGATE HOUSING SERVICES (§§ 8001 - 8013)
Section 8009 - Miscellaneous provisions
Publication Title | United States Code, 2012 Edition, Supplement 1, Title 42 - THE PUBLIC HEALTH AND WELFARE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 89 - CONGREGATE HOUSING SERVICES Sec. 8009 - Miscellaneous provisions |
Contains | section 8009 |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | No |
Disposition | standard |
Source Credit | Pub. L. 95-557, title IV, §410, Oct. 31, 1978, 92 Stat. 2109. |
Statutes at Large References | 52 Stat. 1060 92 Stat. 2109 |
Public Law Reference | Public Law 95-557 |
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Each public housing agency and nonprofit corporation shall, to the maximum extent practicable, utilize elderly and permanently disabled adult persons who are residents of public housing projects or projects assisted under section 1701q of title 12, but who are not eligible project residents, to participate in providing the services assisted under this chapter. Such persons shall be paid wages which shall not be lower than whichever is the highest of—
(1) the minimum wage which would be applicable to the employee under the Fair Labor Standards Act of 1938 [29 U.S.C. 201 et seq.], if section 6(a)(1) of such Act [29 U.S.C. 206(a)(1)] applied to the resident and if he or she were not exempt under section 13 [29 U.S.C. 213] thereof;
(2) the State or local minimum wage for the most nearly comparable covered employment; or
(3) the prevailing rates of pay for persons employed in similar public occupations by the same employer.
(b) Tax treatment of services receivedNo service provided to a public housing resident or to a resident of a housing project assisted under section 1701q of title 12 under this chapter, except for wages paid under subsection (a) of this section, may be treated as income for the purpose of any other program or provision of State or Federal law.
(c) Individuals receiving aid considered residents of own householdIndividuals receiving services assisted under this chapter shall be deemed to be residents of their own households, and not to be residents of a public institution, for the purpose of any other program or provision of State or Federal law.
(d) RegulationsThe Secretary may issue regulations to carry out the provisions of this chapter.
(Pub. L. 95–557, title IV, §410, Oct. 31, 1978, 92 Stat. 2109.)
REFERENCES IN TEXTThe Fair Labor Standards Act of 1938, referred to in subsec. (a)(1), is act June 25, 1938, ch. 676, 52 Stat. 1060, as amended, which is classified generally to chapter 8 (§201 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see section 201 of Title 29 and Tables.
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