§6231. Requirements

The following requirements shall apply to programs under this chapter:

(1) Prohibition on displacement

No student participating in such a program shall displace any currently employed worker (including a partial displacement, such as a reduction in the hours of nonovertime work, wages, or employment benefits).

(2) Prohibition on impairment of contracts

No such program shall impair existing contracts for services or collective bargaining agreements, and no such program that would be inconsistent with the terms of a collective bargaining agreement shall be undertaken without the written concurrence of the labor organization and employer concerned.

(3) Prohibition on replacement

No student participating in such a program shall be employed or fill a job-

(A) when any other individual is on temporary layoff, with the clear possibility of recall, from the same or any substantially equivalent job with the participating employer; or

(B) when 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 student.

(4) Workplaces

Students participating in such programs shall be provided with adequate and safe equipment and safe and healthful workplaces in conformity with all health and safety requirements of Federal, State, and local law.

(5) Effect on other laws

Nothing in this chapter shall be construed to modify or affect any Federal or State law prohibiting discrimination on the basis of race, religion, color, ethnicity, national origin, gender, age, or disability, or to modify or affect any right to enforcement of this chapter that may exist under other Federal laws, except as expressly provided by this chapter.

(6) Prohibition concerning wages

Funds appropriated under authority of this chapter shall not be expended for wages of students or workplace mentors participating in such programs.

(7) Other requirements

The Secretaries shall establish such other requirements as the Secretaries may determine to be appropriate, in order to ensure that participants in programs under this chapter are afforded adequate supervision by skilled adult workers, or to otherwise further the purposes of this chapter.

( Pub. L. 103–239, title VI, §601, May 4, 1994, 108 Stat. 603 .)

References in Text

This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 103–239, May 4, 1994, 108 Stat. 568 , which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 6101 of this title and Tables.