(a) Statutory provisions. Under section 14 of the Fair Labor
Standards Act of 1938, as amended, and the authority and responsibility
delegated to him/her by the Secetary of Labor (36 FR 8755) and by the
Assistant Secretary for Employment Standards (39 FR 3384l), the
Administrator of the Wage and Hour Division is authorized and directed,
to the extent necessary in order to prevent curtailment of opportunities
for employment, to provide by regulation or order for the employment,
under certificates, of full-time students in institutions of higher
education. That section contains provisions requiring a wage rate in
such certificates of not less than 85 percent of the minimum wage
applicable under section 6 of the Act, limiting weekly hours of
employment, stipulating compliance with the applicable child-labor
standards, and safeguarding against the reduction of the full-time
employment opportunities of employees other than full-time students
employed under certificates.
(b) Source of limitations. Some of the limitations expressed in this
subpart are specifically required in section 14(b) of the Act. The other
limitations implement the provisions relating to employment
opportunities, i.e., the ``extent necessary in order to prevent
curtailment of opportunities for employment'' and the requirement that
the regulations shall ``prescribe standards and requirements to insure
that this paragraph will not create a substantial probability of
reducing the full-time employment opportunities of persons other than
those to whom the minimum wage rate authorized by'' section 14(b) of the
Act is applicable.
[40 FR 6329, Feb. 11, 1975; 40 FR 22546, May 23, 1975]
