(a) Whenever the employment of full-time students working outside of
school hours in agriculture or in a retail or service establishment at
wages lower than the minimum 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 the 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 application shall be signed by an authorized
representative of the employer.
(b) The application 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 as to the type of products sold or services rendered by the
establishment, hours of employment during the preceding twelve-month
period or data from previous certificates (or applications) as pertinent
to the application, and other information for which request is made on
the form.
(c) Separate application must be made for each farm or establishment
in which authority to employ full-time students at subminimum wage rates
is sought.
(d) Application for renewal of a certificate shall be made either on
the same type of form as is used for a new application or on an
alternate official
form. 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.
