29 CFR 519.5 - Conditions governing issuance of full-time student certificates.
Certificates authorizing the employment of full-time students at subminimum wage rates shall not be issued unless the following conditions are met:
(a) Full-time students are available for employment at subminimum rates; the granting of a certificate is necessary in order to prevent curtailment of opportunities for employment.
(b) The employment of more than six full-time students by an employer will not create a substantial probability of reducing the full-time employment opportunities for persons other than those employed under such certificates.
(c) Abnormal labor conditions such as a strike or lockout do not exist at the farm or establishment for which a full-time student certificate is requested.
(e) The farms or establishments on whose experience the applicant relies meet the requirements of paragraph (h) of § 519.6.
(f) There are no serious outstanding violations of the provisions of a full-time student certificate previously issued to the employer, nor have there been any serious violations of the Fair Labor Standards Act (including Child-Labor Regulation No. 3 and the Hazardous Occupations Orders published in part 570 of this chapter) which provide reasonable grounds to conclude that the terms of a certificate may not be compiled with, if issued.
(g) The subminimum wage rate(s) proposed to be paid full-time students under temporary authorization or under certificate is not less than 85 percent of the minimum wage applicable under section 6 of the Act.
(h) Certificates will not be issued where such issuance will result in a reduction of the wage rate paid to a current employee, including current student employees.
[40 FR 6329, Feb. 11, 1975, as amended at 42 FR 58745, Nov. 11, 1977]
Title 29 published on 2013-07-01
no entries appear in the Federal Register after this date.