(a) A full-time student certificate will not be issued for a period
longer than 1 year, nor will it be issued retroactively. It shall
specify its effective and expiration dates. A copy of the certificate
shall be posted during its effective period in a conspicuous place or
places in the institution of higher education readily visible to all
employees, for example, adjacent to the time clock or on the bulletin
board used for notices to the employees. If temporary authorization is
in effect under paragraph (a) of Sec. 519.14, a notice thereof shall be
similarly posted during the effective period of such authorization.
(b) Full-time students may not be employed under a certificate at
less than 85 percent of the minimum wage applicable under section 6 of
the Act.
(c) An institution of higher education shall not employ full-time
students 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.
(d) An institution of higher education subject to a finding by the
Secretary that it is in violation of the requirements of section
14(b)(3) of the Act or of this subpart must be issued a full-time
student certificate before it can employ full-time students at wages
below those required by section 6 of the Act. The Administrator or his/
her authorized representative will not issue a full-time student
certificate to such an institution without adequate assurances and
safeguards to insure that the violations found by the Secretary will not
continue.
(e) Full-time students shall not be permitted to work at subminimum
wages for more than 8 hours a day, nor for more than 40 hours a week
when school is not in session, nor more than 20 hours a week when school
is in session (apart from a full-time student's summer vacation), except
that when a full-day school holiday occurs the weekly limitation on the
maximum hours which may be worked shall be increased by 8 hours for each
such holiday but in no event shall the 40-hour limitation be exceeded.
(Note: School is considered to be in session for a student taking one or
more courses during a summer or other vacation.) Whenever a full-time
student is employed for more than 20 hours in any workweek in
conformance with this paragraph, the employer shall note in his/her
payroll that school was not in session during all or part of that
workweek or the student was in his/her summer vacation.
(f) Neither oppressive child labor as defined in section 3(1) of the
Act and regulations issued under the Act nor any other employment in
violation of a Federal, State or local child labor law or ordinance
shall come within the terms of any certificate issued under this
subpart.
(g) Full-time students shall be employed at subminimum wages under
this subpart only outside of their school hours, i.e., only outside of
the scheduled hours of instruction of the individual full-time student.
(h) No full-time student shall be hired under a full-time student
certificate for work in a unit or units of the campus where abnormal
labor conditions, such as a strike or lockout, exist.
(i) No provision of any full-time student certificate shall excuse
noncompliance with higher standards applicable to full-time students
which may be established under the Walsh-Healey Public Contracts Act or
any other Federal law, State law, local ordinance, or union or other
agreement. Thus, certificates issued under this subpart have no
application to employment under the Service Contract Act.
(j) No full-time student certificate shall apply to any employee to
whom a certificate issued under section 14(a) or (c) of the Act has
application.
[40 FR 6329, Feb. 11, 1975; 40 FR 22546, May 23, 1975]
