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Content Last Revised: 6/30/78
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CFR  

Code of Federal Regulations Pertaining to ESA

Title 29  

Labor

 

Chapter V  

Wage and Hour Division, Department of Labor

 

 

Part 528  

Annulment or Withdrawal of Certificates for the Employment of Student-Learners, Apprentices, Learners, Messengers, Handicapped Persons, Student-Workers, and Full-Time Students In Agriculture or In Retail or Service Establishments At Special Minimum Wage Rates


29 CFR 528.3 - Withdrawal and annulment of certificates.

  • Section Number: 528.3
  • Section Name: Withdrawal and annulment of certificates.

    (a) An authorized representative may withdraw a certificate from any 
employer within that representative's region who, acting under color of 
any certificate or application for the employment of learners, 
handicapped workers, student workers, student learners, apprentices, 
messengers, or full-time students in agriculture, retail, or service 
establishments, or in institutions of higher education at subminimum 
wages under section 14 of the act, fails to comply with the limitations 
in such certificate or otherwise violates the act.
    (b) An authorized representative may annul a certificate affected by 
mistake in its issuance if the employer knowingly induced or knowingly 
took advantage of the mistake. Where the employer did not knowingly 
induce the mistake but knowingly took advantage of it, a new certificate 
shall be issued by the authorized representative if, and on such terms 
as, such certificate would have been issued had there been no mistake 
limited in its term from the date of issuance to the date of annulment 
of the annulled certificate.
    (c) A certificate may be withdrawn in the public interest by a 
representative authorized to issue such type of certificate whenever any 
part of the exemption it provides is no longer necessary to prevent 
curtailment of opportunities for employment. If appropriate, a more 
limited replacement certificate may be issued by the authorized 
representative.

(Secretary's Order No. 16-75, dated Nov. 25, 1975 (40 FR 55913); 
Employment Standards Order No. 76-2, dated Feb. 23, 1976 (41 FR 9016))

[43 FR 28469, June 30, 1978]
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