What is the subminimum wage for student-learners and what must I do to comply with the terms of my student-learner certificate?
(a) The special minimum wage rate paid to student-learners shall be not less than 75 percent of the applicable minimum under section 6(a) of the FLSA.
(b) Compliance with items listed for favorable review of a student-
learner application (Sec. 540.503) must be demonstrated.
(c)(1) The number of hours of employment training each week at subminimum wages pursuant to a certificate, when added to the hours of school instruction, shall not exceed 40 hours, except that authorization may be granted by the Administrator for a greater number of hours if found to be justified by extraordinary circumstances.
(2) When school is not in session on any school day, the student-
learner may work a number of hours in addition to the weekly hours of employment training authorized by the certificate; provided, (i) The total hours worked shall not exceed 8 hours on any such day, and (ii) A notation shall be made in the employer's records to the effect that school not being in session was the reason additional hours were worked on such day.
(3) During the school term, when school is not in session for the entire week, the student-learner may work at his/her employment training a number of hours in the week in addition to those authorized by the certificate; provided, (i) The total hours shall not exceed 40 hours in any such week, and (ii) A notation shall be made in the employer's records to the effect that school not being in session was the reason additional hours were worked in such week.
(d) A special student-learner certificate shall not constitute authorization to pay a subminimum wage rate to a student-learner in any week in which he/she is employed for a number of hours in addition to the number authorized in the certificate, except as provided in paragraphs (c)(1), (2), and (3) of this section.