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 full-time students 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 in the units of the campus for which a full-time student
certificate is requested.
(d) The data given on the application are accurate and based on
available records.
(e) 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 complied with, if issued.
(f) 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.
(g) Full-time students are not to be employed by an institution of
higher education at subminimum wages under this subpart in unrelated
trades or businesses as defined and applied under sections 511 through
515 of the Internal Revenue Code, such as apartment houses, stores, or
other businesses not primarily catering to the students of the
institution.
(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.
