U. S. DEPARTMENT OF LABOR
WAGE AND HOUR AND PUBLIC CONTRACTS DIVISIONS
EMPLOYMENT STANDARDS ADMINISTRATION
MEMORANDUM #96
TO: Agencies Administering Statutes Referred to in
29 CFR, Subtitle A, Part 5
SUBJECT: SUMMER EMPLOYMENT OF YOUTH ON FEDERALLY FINANCED AND
FEDERALLY ASSISTED CONSTRUCTION PROJECTS
Memorandum #71 (copy enclosed), provides an administrative position under
which the Department of Labor will take no exception to the practice of
paying summer employees below the predetermined journeyman's rate pursuant
to a bona fide Youth Opportunity Program. One of the conditions stated
in Memorandum #71 is that such employment must be agreed to by the collec-
tive bargaining agent. In order to provide similar opportunities for young
people for summer employment in firms "in which employees are not repre-
sented by a collective bargaining agent, it has been decided to amplify
the position stated in Memorandum #71 to provide that, where there is no
collective bargaining agreement but where all the other conditions as
stated are met, the contracting agency and the contractor may by agreement
reclassify such bona fide students at rates below the journeyman's rate.
Except where such employment is pursuant to an existing agreement negotiated
between labor and management or is otherwise approved by some authorized
Federal agency, such as by the Secretary of Transportation pursuant to
section 12(c) of the Federal Aid Highway Act of 1968, it is essential for
enforcement purposes that the specific provisions of the agreement be
reduced to writing and that a copy be furnished to this office. Also, such
employment must be in accordance with statutory age and minimum wage
requirements.
Horace E. Menasco
Administrator