[Code of Federal Regulations]
[Title 20, Volume 3]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR638.507]

[Page 343]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
 CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR
 
PART 638--JOB CORPS PROGRAM UNDER TITLE IV-B OF THE JOB TRAINING PARTNERSHIP ACT--Table of Contents
 
                      Subpart E--Center Operations
 
Sec. 638.507  Work experience.

    (a) The center operator shall emphasize and implement programs of 
work experience for students through center program activities or 
through arrangement with employers. Work experience shall be under 
actual working conditions and should enhance the employability, 
responsibility, and confidence of the students.
    (b) The following limitations shall be observed in establishing work 
experience programs:
    (1) Students shall only be assigned to work meeting the safety 
standards of Sec. 638.803 of this part.
    (2) Any work experience arranged for employment not covered by a 
Federal, State, or local minimum wage law shall have prior regional 
office approval.
    (3) When work experience with pay is arranged, the student, for 
applicable wage provisions of the Davis-Bacon Act, the Fair Labor 
Standards Act, the Service Contract Act, and other applicable minimum 
wage laws, shall be considered a joint employee of the Job Corps and the 
work experience employer.
    (i) The wages paid by Job Corps (including the reasonable cost to 
Job Corps of room, board, and other facilities, as well as clothing and 
living allowances) shall be no less than the federal minimum wage rate 
set forth in section (6)(a)(1) of the Fair Labor Standards Act (FLSA) 
for up to 25 hours a week. The work experience employer shall pay the 
student, in cash, any wages above the FLSA minimum whenever such 
additional amounts are required by the Davis-Bacon Act, the Service 
Contract Act, the State or local minimum wage law, or other applicable 
minimum wage law. For any time in excess of 25 hours per week, the work 
experience employer shall pay the student, in cash, no less than the 
entire wage at the wage rate required by applicable law.
    (ii) In addition to the cash wages required to be paid by work 
experience employers by paragraph (b)(3)(i) of this section, work 
experience employers, after the first six weeks of work by a student, 
shall also pay additional cash wages to the student at an hourly rate of 
25 percent of the wage set forth in section 6(a)(1) of the Fair Labor 
Standards Act.