[Code of Federal Regulations] [Title 20, Volume 3] [Revised as of April 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR633.313] [Page 317-318] TITLE 20--EMPLOYEES' BENEFITS CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR PART 633--MIGRANT AND SEASONAL FARMWORKER PROGRAMS--Table of Contents Subpart C--Program Design and Administrative Procedures Sec. 633.313 Administrative staff and personnel standards. 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. [[Page 318]] (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.