2006 Louisiana Laws - RS 23:1830 — Wage provisions

§1830.  Wage provisions

Rates of pay under this Chapter shall be no less than the higher of:

(1)  The minimum wage under Section 6(a)(1) of the Fair Labor Standards Act of 1938;

(2)  The state or local minimum wage for the most nearly comparable employment;

(3)  The prevailing rates of pay, if any, for occupations and job classifications of individuals employed in the same or similar positions by the same employer to whom a youth is assigned, except

(a)  Whenever the administrative entity has entered into an agreement with the employer and the labor organization representing employees engaged in similar work in the same area to pay less than the rates provided in this Paragraph, youths may be paid the rates specified in such agreement;

(b)  Whenever an existing job is reclassified or restructured, youths employed in such jobs shall be paid at rates not less than are provided under Paragraph (1) or (2) of the Section, but if a labor organization represents employees in similar work in the same area, such youths shall be paid at rates specified in an agreement entered into by the appropriate administrative entity, the employer, and the labor organization with respect to such reclassified or restructured jobs, and if no agreement is reached within thirty days after the initiation of the agreement procedure referred to in this clause the labor organization, administrative entity, or employer may petition the secretary, who shall establish appropriate wages for the reclassified or restructured positions, taking into account wages paid by the same employer to persons engaged in similar work;

(c)  Whenever a new or different job classification or occupation is established and there is no dispute with respect to such new or different job classification or occupation, youths to be employed in such jobs shall be paid at rates not less than are provided in Paragraph (1) or (2) of the Section, but if there is a dispute with respect to such new or different job classification or occupation, the secretary shall make a determination within thirty days after receipt of the notice of protest by the labor organization representing employees engaged in similar work in the same area, whether such job is a new or different job classification or occupation; and

(d)  In the case of projects to which the provisions of the Davis-Bacon Act or any federal law containing labor standards in accordance with the Davis-Bacon Act otherwise apply, the secretary is authorized, for projects financed under five thousand dollars, to prescribe rates of pay for youth participants which are not less than the applicable minimum wage but not more than the wage rate of the entering apprentice in the most nearly comparable apprenticeable trade, and to prescribe the appropriate ratio of journeymen to such participating youths.

Acts 1986, No. 612, §1.