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Content Last Revised: 12/9/97
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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 520  

Employment Under Special Certificate of Messengers, Learners (Including Student-Learners), and Apprentices

 

 

 

Subpart B  

What are the General Provisions Governing the Employment of Messengers, Learners (Including Student-Learners), and Apprentices at Subminimum Wages?


29 CFR 520.201 - How are those classifications of workers which may be paid subminimum wages under section 14(a) of the Fair Labor Standards Act defined?

  • Section Number: 520.201
  • Section Name: How are those classifications of workers which may be paid subminimum wages under section 14(a) of the Fair Labor Standards Act defined?

    (a) A messenger is a worker who is primarily engaged in delivering 
letters and messages for a firm whose principal business is the delivery 
of such letters and messages.
    (b) A learner is a worker who is being trained for an occupation, 
which is not customarily recognized as an apprenticeable trade, for 
which skill, dexterity and judgment must be learned and who, when 
initially employed, produces little or nothing of value. Except in 
extraordinary circumstances, an employee cannot be considered a 
``learner'' once he/she has acquired a total of 240 hours of job-related 
and/or vocational training with the same or other employer(s) or 
training facility(ies) during the past three years. An individual 
qualifying as a ``learner'' may only be trained in two qualifying 
occupations.
    (c) A student-learner is a student who is at least sixteen years of 
age, or at least eighteen years of age if employed in an occupation 
which the Secretary has declared to be particularly hazardous, who is 
receiving instruction in an accredited school, college or university and 
who is employed on a part-time basis, pursuant to a ``bona fide 
vocational training program'' as defined in subpart C of this part.
    (d) An apprentice is a worker, at least sixteen years of age unless 
a higher minimum age standard is otherwise fixed by law, who is employed 
to learn a skilled trade through a registered apprenticeship program. 
Training is provided through structured on-the-job training combined 
with supplemental related theoretical and technical instruction. This 
term excludes pre-apprentices, trainees, learners, and student-learners. 
The terms learner and student-learner are defined in subpart C of this 
part. Standards governing the registration of apprenticeship programs 
are established and administered by the U.S. Department of Labor, 
Employment and Training Administration, Bureau of Apprenticeship and 
Training (BAT) and are found in Regulations, 29 CFR Part 29.
    (e) Additional terms used in this part are defined in subpart C of 
this part.
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