The following provisions shall be applicable only to private
nonprofit grantees and to private nonprofit subgrantees receiving
section 402 funds:
(a) Personnel policies of grantees and subgrantees shall be stated
in written form and available to the Department upon request.
(b) Each grantee and subgrantee shall insure that its staff
recruiting procedures afford adequate opportunity for the hiring and
promotion of persons in the target population.
(c) Grantees and subgrantees shall include the following provisions
in their published personnel policies relating to outside employment of
their employees in section 402 programs.
(1) Such employment shall not interfere with the efficient
performance of the employee's duties in the DOL-assisted programs;
(2) Such employment shall not involve conflict of interest or
conflict with the employee's duties in the DOL-assisted program;
(3) Such employment shall not involve the performance of duties
which the employee should perform as part of employment in the DOL-
assisted program; and
(4) Such employment shall not occur during the employee's regular or
assigned working hours in the DOL-assisted program, unless the employee
during the entire day on which such employment occurs is on annual
leave, compensatory leave, or leave without pay.
(d) Salaries and wages. (1) Administrative and staff employees in
section 402 programs shall be paid at a rate no lower than the
applicable Federal, State, or local minimum wage rate,
whichever is highest. The salary for each position shall be justified
and documented by the grantee to the satisfaction of the Department.
(2) Notwithstanding paragraph(d)(1) of this section, where a grantee
or subgrantee has an established system, it may compensate its section
402 program employees at existing rates in effect for comparable
positions under such merit system. However, in order to use this
methodology, the section 402 program employees must be filling types of
positions in existence before the grantee or subgrantee received
financial assistance under the section 402 program, and the salary scale
must not have been changed as a result of such financial assistance.
(e) Prorating salaries. Where an individual performs functions under
several grants, his or her time shall be prorated among the different
grants and the portion of the salary charged to the section 402 grant
shall not exceed the percentage of time spent performing section 402
functions.
(f) Employee benefits. Employee benefits shall be at the same level
and to the same extent as those positions in public or private nonprofit
agencies in the area where the program is carried out.
(g) Position responsibilities. (1) Each grantee and subgrantee shall
maintain a written detailed job description identifying job functions
and responsibilities for each administrative and staff position under
its section 402 program.
(2) Each position shall have specific hiring qualifications.
Positions requiring higher salaries or wages shall include higher level
of responsibilities commensurate with the salary.
(h) Personnel procedures. (1) Each grantee and subgrantee shall
maintain a personnel manual containing detailed procedures for hiring
new employees, promoting present employees and granting salary
increases.
(2) Each grantee and subgrantee shall maintain documentation as to
any personnel action (including hiring, promotion, and salary increases)
involving its section 402 program employees.
