Administrator means the Administrator of the Wage and Hour Division,
Employment Standards Administration, United States Department of Labor,
or his/her authorized representative.
Apparel industry means the manufacturing of the following products
as referred to in subpart D of this part:
(1) Rainwear means the manufacture of waterproofed garments and
raincoats from oiled cloth or other materials, whether vulcanized,
rubberized, cravenetted, or otherwise processed.
(2) Leather and sheep-lined clothing means the manufacture of
leather, leather-trimmed and sheeplined garments for men, women or
children.
(3) Women's apparel division of the apparel industry for the
manufacture of women's, misses', and juniors' dresses means the
production of women's, misses' and juniors' dresses; washable service
garments; blouses from woven or purchased knit fabric; women's, misses',
children's and infants' underwear, nightwear and negligees from woven
fabrics; corsets and other body supporting garments from any material;
infants' and children's outerwear; and other garments similar to them.
(4) Robes, means the manufacture of robes from any woven material or
from purchased knitted materials, including, without limitation, men's,
women's and children's bath, lounging and beach robes and dressing
gowns.
Apprentice means a worker, at least sixteen years of age unless a
higher minimum age standard is otherwise fixed by law, who is employed
to learn a skilled trade through a registered apprenticeship program.
Training is provided through structured on-the-job training combined
with supplemental related theoretical and technical instruction. This
term excludes pre-apprentices, trainees, learners, and student-learners.
The terms learner and student-learner are defined in this subpart.
Apprenticeship agreement means a written agreement between an
apprentice and either his/her employer, or an apprenticeship committee
acting as agent for employer(s), which contains the terms and conditions
of the employment and training of the apprentice.
Apprenticeship committee means those persons designated by the
sponsor to act for it in the administration of the program. A committee
may be ``joint'', i.e., it is composed of an equal number of
representatives of the employer(s) and of the employees represented by a
bona fide collective bargaining agent(s) and has been established to
conduct, operate, or administer an apprenticeship program and enter into
apprenticeship agreements with apprentices. A committee may be
``unilateral'' or ``non-joint'' and shall mean a program sponsor in
which a bona fide collective bargaining agent is not a participant.
Apprenticeship program means a plan containing all terms and
conditions for the qualification, recruitment, selection, employment and
training of apprentices, including such matters as the requirements for
a written apprenticeship agreement.
BAT means the Bureau of Apprenticeship and Training, Employment and
Training Administration, United States Department of Labor.
Bona fide vocational training program means a program authorized and
approved by a state board of vocational education or other recognized
educational body that provides for part-time employment training which
may be scheduled for a part of the work day or workweek, for alternating
weeks or for other limited periods during the year, supplemented by and
integrated with a definitely organized plan of instruction designed to
teach technical knowledge and related industrial information given as a
regular part of the student-learner's course by an accredited school,
college, or university.
Department means the United States Department of Labor.
Experienced worker means a worker whose total experience in an
authorized learner occupation in the industry, including vocational
training, within the past three years is equal to or greater than 240
hours or such other period as authorized by a learner certificate issued
pursuant to the regulations in this part.
Experienced worker available for employment means an experienced
worker residing within the area from which the plant/business
customarily draws its labor supply or within a reasonable commuting
distance of such area, and who is willing and able to accept employment
in the plant/business; or an experienced worker residing outside of the
area from which the plant/business customarily draws its labor supply,
who has in fact made himself or herself available for employment at the
plant/business.
FLSA means the Fair Labor Standards Act of 1938 as amended (29
U.S.C. 201 et seq.).
Learner means a worker who is being trained for an occupation, which
is not customarily recognized as an apprenticeable trade, for which
skill, dexterity and judgment must be learned and who, when initially
employed produces little or nothing of value. Except in extraordinary
circumstances, an employee cannot be considered a ``learner'' once he/
she has acquired a total of 240 hours of job-related and/or vocational
training with the same or other employer(s) or training facility(ies)
during the past three years. An individual qualifying as a ``learner''
may only be trained in two qualifying occupations.
Learning period means a period of time measured in work hours and
vocational training hours that is normally required to fully train an
inexperienced worker in a particular occupation within an industry where
the learner is employed. The learning period will not
exceed 240 hours for any qualifying occupation except in extraordinary
circumstances where the employer demonstrates that the occupation to be
learned requires an extended period of specialized training.
Men's and boys' clothing industry means the industry which
manufactures men's, youths', and boys' suits, coats, and overcoats.
Messenger means a worker who is primarily engaged in delivering
letters and messages for a firm whose principal business is the delivery
of such letters and messages.
Minimum wage means the wage rate required by section 6 of FLSA. For
purposes of this part, subminimum wage rates are based exclusively on
the applicable minimum wage provided by section 6(a) of FLSA.
Recognized apprenticeship agency means either a state apprenticeship
agency recognized by the BAT, or if no such apprenticeship agency exists
in the state, the BAT.
Registered apprenticeship program or agreement means a program or
agreement which has been approved by a recognized apprenticeship agency
as meeting the basic standards of apprenticeship adopted and published
by BAT.
Secretary or Secretary of Labor means the Secretary of Labor, United
States Department of Labor or his/her authorized representative.
Shoe manufacturing industry means the manufacture or partial
manufacture of footwear from any material and by any process except
knitting, vulcanizing of the entire article or vulcanizing (as distinct
from cementing) of the sole to the upper, including the manufacturing of
the following: athletic shoes; boots; boot tops; burial shoes; custom-
made boots or shoes; moccasins; puttees, except spiral puttees; sandals;
shoes completely rebuilt in a shoe factory; slippers. This term also
includes the manufacture from leather or from any shoe-upper material of
all cut stock and findings for footwear, including bows, ornaments, and
trimmings. It also includes the manufacture of cutsoles; midsoles;
insoles; taps; lifts; rands; toplifts; bases; shanks; boxtoes; counters;
stays; stripping; sock linings; and heel pads. Shoe manufacturing also
includes the manufacture of heels from any material except molded
rubber, but not including the manufacture of woodheel blocks; the
manufacture of cut upper parts for footwear, including linings, vamps
and quarters; and the manufacture of pasted shoe stock; as well as the
manufacture of boot and shoe patterns. However, the manufacture of cut
stock and findings is included within this definition only when
performed by companies engaged in the production of shoes who
incorporate most of the cut stock and findings in the manufacture of
their product(s).
Skilled trade means an apprenticeable occupation which possesses all
of the following characteristics:
(1) It is customarily learned in a practical way through a
structured, systematic program of on-the-job supervised training.
(2) It is clearly identified and commonly recognized throughout an
industry.
(3) It involves manual, mechanical or technical skills and knowledge
which require a minimum of 2,000 hours of on-the-job work experience.
(4) It requires related instruction to supplement the on-the-job
training.
(5) It is not merely a part of an apprenticeable occupation and does
not fall into any of the following categories: marketing; sales
administration; administrative support; executive and managerial;
professional and semi-professional occupations (this category covers
occupations for which entrance requirements customarily include
education of college level).
Standards of apprenticeship means the apprenticeship program is an
organized, written plan embodying the terms and conditions of
employment, training, and supervision of one or more apprentices in the
apprenticeable occupation, which meets the requirements established by
BAT, and is subscribed to by a sponsor who has undertaken to carry out
the apprentice training program.
State means any state of the United States or the District of
Columbia or any territory or possession of the United States.
Student-learner means a student who is at least sixteen years of
age, or at least eighteen years of age if employed
in an occupation which the Secretary has declared to be particularly
hazardous, who is receiving instruction in an accredited school, college
or university and who is employed by an establishment on a part-time
basis, pursuant to a bona fide vocational training program.
Subminimum wage means the rates which may be paid under temporary
authorization or under certificate as provided by section 14(a) of FLSA
and this part.
Vocational Training Program. See ``Bona fide vocational training
program''.
Wage and Hour Division means the Wage and Hour Division, Employment
Standards Administration, United States Department of Labor.
