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Content Last Revised: 12/9/97
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CFR  

Code of Federal Regulations Pertaining to ESA

Title 29  

Labor

 

Chapter V  

Wage and Hour Division, Department of Labor

 

 

Part 520  

Employment Under Special Certificate of Messengers, Learners (Including Student-Learners), and Apprentices

 

 

 

Subpart D  

Messengers, Learners (Excluding Student-Learners), and Apprentices


29 CFR 520.403 - What information is required when applying for authority to pay less than the minimum wage?

  • Section Number: 520.403
  • Section Name: What information is required when applying for authority to pay less than the minimum wage?

    (a) A separate application must be made for each plant or 
establishment requesting authorization for employment of messengers and/
or learners at subminimum wages, on the official form furnished by the 
Wage and Hour Division, containing all information required by the form 
including:
    (1) Information concerning efforts made by the applicant to obtain 
experienced workers in occupation(s) for which learners are requested;
    (2) The occupations/industry in which the messenger(s) and/or 
learner(s) are to be employed;
    (3) A statement explaining why employment of messenger(s) and/or 
learners(s) at subminimum wages is needed to prevent curtailment of 
employment opportunities;
    (4) The number of messengers and/or learners the applicant 
anticipates employing at subminimum wages under special certificate;
    (5) If requesting authorization for the employment of learners at 
subminimum wages for a learning period greater than 240 hours, 
information pertinent to the extraordinary circumstances necessitating 
such a request. While each such request will be considered on its own 
merit, it is anticipated that such authorizations would be limited to 
occupations requiring an extended period of specialized training;
    (6) The number of messengers and/or learners hired at subminimum 
wages during the twelve-month period prior to making application;
    (7) Total number of nonsupervisory workers in the particular plant 
or establishment for which a certificate is requested;
    (8) The number of experienced workers in the learner occupations and 
their straight-time average hourly earnings during the last payroll 
period and the corresponding payroll period in the prior year; and
    (9) The type of equipment to be used by learners.
    (b) For apprentices, the employer or apprenticeship committee must 
submit a copy of the registered apprenticeship program.
    (c) Any applicant may also submit such additional information as may 
be pertinent. Applications which fail to provide the information 
required by the form may be returned to the applicant with a notation of 
deficiencies and without prejudice against submission of a new or 
revised application.


(The information collection requirements contained in paragraphs (a), 
(b) and (c) were approved by the Office of Management and Budget under 
control number 1215-0192.)
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