(a) Full-time students. A full-time student for the purpose of this
subpart is defined as a student who receives primarily daytime
instruction at the physical location of a bona fide educational
institution, in accordance with the institution's accepted definition of
a full-time student. A full-time student retains that status during the
student's Christmas, summer and other vacations. An individual who was
such a student immediately prior to vacation will be presumed not to
have discontinued such status during vacation if local law requires his/
her attendance at the end of the vacation. In the absence of such
requirement his/her status during vacation will be governed by his/her
intention as last communicated to his/her employer. The phrase in
section 14(b) of the statute ``regardless of age but in compliance with
applicable child-labor laws,'' among other things, restricts the
employment in a retail or service establishment to full-time students
who are at least 14 years of age because of the application of section
3(1) of the Act. There is a minimum age requirement of 16 years in
agriculture for employment during school hours and in any occupation
declared hazardous by the Secretary of Labor (subpart
E-1 of part 570 of this title.) In addition, there is a minimum age
restriction of 14 years generally for employment in agriculture of a
full-time student outside school hours for the school district where
such employee is living while so employed, except (1) Minors 12 or 13
years of age may be employed with written parental or guardian consent
or they may work on farms where their parents or guardians are employed,
and (2) minors under 12 may work on farms owned or operated by their
parents or with parental or guardian consent on farms whose employees
are exempt from section 6 by section 13 (a)(6)(A) of the Act.
(b) Bona fide educational institution. A bona fide educational
institution is ordinarily an accredited institution. However, a school
which is not accredited may be considered a bona fide educational
institution in exceptional circumstances, such as when the school is too
recently established to have received accreditation.
(c) Retail or service establishment. Retail or service establishment
means a retail or service establishment as defined in section 13(a)(2)
of the Fair Labor Standards Act. The statutory definition is interpreted
in part 779 of this chapter.
(d) Agriculture. Agriculture means agriculture as defined in section
3(f) of the Fair Labor Standards Act. The statutory definition is
interpreted in part 780 of this chapter.
(e) Student hours of employment. Student hours of employment means
hours during which students are employed under full-time student
certificates issued under this part and is distinguished from hours of
employment of students.
(f) Employer. Section 519.4 permits an agricultural or retail or
service establishment employer to employ not more than six full-time
students at subminimum wages on forwarding an application but before
certification. For this purpose, the term employer looks to the highest
structure of ownership or control, and hence may be more than a single
retail or service establishment or farm, e.g., the controlling
conglomerate or enterprise would be the employer. With respect to public
employers who operate retail or service establishments (see 29 CFR part
779), the employer means the highest structure of control such as the
State, municipality, county or other political subdivision.
[40 FR 6329, Feb. 11, 1975, as amended at 42 FR 58745, Nov. 11, 1977; 43
FR 29000, July 5, 1978]
