(a) Whenever the employment of its full-time students working in an
institution at wages lower than the minimum wage applicable under
section 6 of the Fair Labor Standards Act is believed to be necessary to
prevent curtailment of opportunities for employment and employment of
them will not create a substantial probability of reducing the full-time
employment opportunities of other workers, an application for a
certificate may be filed by their employer with the appropriate Regional
Office of the Wage and Hour Division (or the Denver, Colorado Area
Office for Colorado, North Dakota and South Dakota; the Salt Lake City,
Utah Area Office for Montana, Utah and Wyoming; and the Caribbean Office
for the area it covers). Such an application shall be signed by an
authorized representative of the employer.
(b) The application provided for under Sec. 519.14 must be filed in
duplicate on official forms or exact copies thereof. The forms are
available at the offices mentioned in paragraph (a) of this section. The
application must contain the information on numbers of full-time
students and full-time employees (other than full-time students),
minimum full-time student wages, and other information for which request
is made on the form.
(c) Separate application must be made for each campus of an
institution of higher education for which authority to employ full-time
students at subminimum wage rates is sought.
(d) Application for renewal of a certificate shall be made on the
same type of form as is used for a new application. No certificate in
effect shall expire until action on such an application shall have been
finally determined, provided that such application has been properly
executed, and is received by the office specified in paragraph (a) of
this section not less than 15 nor more than 30 days prior to the
expiration date. A properly executed application is one which fully and
accurately contains the information required on the form, and the
required certification by an authorized representative of the employer.
[40 FR 6329, Feb. 11, 1975; 40 FR 22546, May 23, 1975]
