Each student-learner application must demonstrate that:
(a) The training program under which the student-learner will be
employed is a bona fide vocational training program as defined in
subpart C of this part;
(b) The employment of the student-learner at subminimum wages
authorized by the special certificate must be necessary to prevent
curtailment of opportunities for employment;
(c) The student-learner is at least sixteen years of age, or at
least eighteen years of age if employed in any occupation which the
Secretary has declared to be particularly hazardous (see part 570,
subpart E, of this chapter, but
note the specific exemptions for student-learners in several of the
orders);
(d) The occupation for which the student-learner is receiving
preparatory training requires a sufficient degree of skill to
necessitate a substantial learning period;
(e) The training is not for the purpose of acquiring manual
dexterity and high production speed in repetitive operations;
(f) The employment of a student-learner will not have the effect of
displacing a worker employed in the establishment;
(g) The employment of the student-learners at subminimum wages must
not tend to impair or depress the wage rates or working standards
established for experienced workers for work of a like or comparable
character;
(h) The occupational needs of the community or industry warrant the
training of student-learners;
(i) There are no serious outstanding violations of the provisions of
a student-learner certificate previously issued to the employer, or
serious violations of any other provisions of the FLSA by the employer
which provide reasonable grounds to conclude that the terms of the
certificate would not be complied with, if issued;
(j) The issuance of such a certificate would not tend to prevent the
development of apprenticeship programs in accordance with the
regulations applicable thereto (subpart D of this part) or would not
impair established apprenticeship standards in the occupation or
industry involved; and
(k) The number of student-learners to be employed in one
establishment is not more than a small proportion of its work force.