Section 13(a)(7) of the Act provides that the provisions of sections
6 and 7 shall not apply to:
Any employee to the extent that such employee is exempted by
regulations, order, or certificate of the Secretary issued under section
14.
Section 14 of the Act provides, in pertinent part, as follows:
Learners, Apprentices, Students, and Handicapped Workers
Sec. 14. (a) The Secretary of Labor, to the extent necessary in
order to prevent curtailment of opportunities for employment, shall by
regulations or by orders provide for the employment of learners, of
apprentices, and of messengers employed primarily in delivering letters
and messages, under special certificates issued pursuant to regulations
of the Secretary, at such wages lower than the minimum wage applicable
under section 6 and subject to such limitations as to time, number,
proportion, and length of service as the Secretary shall prescribe.
(b) The Secretary, to the extent necessary in order to prevent
curtailment of opportunities for employment, shall by regulation or
order provide for the employment of full-time students, regardless of
age but in compliance with applicable child labor laws, on a part-time
basis in retail or service establishments (not to exceed twenty hours in
any workweek) or on a part-time or a full-time basis in such
establishments during school vacations, under special certificates
issued pursuant to regulations of the Secretary, at a wage rate not less
than 85 per centum of the minimum wage applicable under section 6,
except that the proportion of student hours of employment to total hours
of employment of all employees in any establishment may not exceed (1)
such proportion for the corresponding month of the 12-month period
preceding May 1, 1961, (2) in the case of a retail or service
establishment whose employees (other than employees engaged in commerce
or in the production of goods for commerce) are covered by this Act for
the first time on or after the effective date of the Fair Labor
Standards Amendments of 1966, such proportion for the corresponding
month of the 12-month period immediately prior to such date, or (3) in
the case of a retail or service establishment coming into existence
after May 1, 1961, or a retail or service establishment for which
records of student hours worked are not available, a proportion of
student hours of employment to total hours of employment of all
employees based on the practice during the 12-month period preceding May
1, 1961, in (A) similar establishments of the same employer in the same
general metropolitan area in which the new establishment is located, (B)
similar establishments of the same employer in the same or nearby
counties if the new establishment is not in a metropolitan area, or (C)
other establishments of the same general character operating in the
community or the nearest comparable community. Before the Secretary may
issue a certificate under this subsection he must find that such
employment will not create a substantial probability of reducing the
full-time employment opportunities of persons other than those employed
under this subsection.
* * * * *
(d)(1) Except as otherwise provided in paragraphs (2) and (3) of
this subsection, the Secretary of Labor, to the extent necessary in
order to prevent curtailment of opportunities for employment, shall by
regulation or order provide for the employment under special
certificates of individuals * * * whose earning or productive capacity
is impaired by age or physical or mental deficiency or injury, at wages
which are lower than the minimum wage applicable under section 6 of this
Act but not less than 50 per centum of such wage and which are
commensurate with those paid nonhandicapped workers in industry in the
vicinity for essentially the same type, quality, and quantity of work.
(2) The Secretary, pursuant to such regulations as he shall
prescribe and upon certification of the State agency administering or
supervising the administration of vocational rehabilitation services,
may issue special certificates for the employment of--
(A) handicapped workers engaged in work which is incidental to
training or evaluation programs, and
(B) multihandicapped individuals and other individuals whose earning
capacity is so severly impaired that they are unable to engage in
competitive employment,
at wages which are less than those required by this subsection and which
are related to the worker's productivity.
(3)(A) The Secretary may by regulation or order provide for the
employment of handicapped clients in work activities centers under
special certificates at wages which are less than the minimums
applicable under section 6 of this Act or prescribed by paragraph (1) of
this subsection and which constitute equitable compensation for such
clients in work activities centers.
(B) For purposes of this section, the term ``work activities
centers'' shall mean centers planned and designed exclusively to provide
therapeutic activities for handicapped clients whose physical or mental
impairment is
so severe as to make their productive capacity inconsequential.
