[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR519.11]

[Page 119-120]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 519_EMPLOYMENT OF FULL-TIME STUDENTS AT SUBMINIMUM WAGES
--Table of Contents
 
               Subpart B_Institutions of Higher Education
 
Sec. 519.11  Applicability of the regulations in this subpart.


    (a) Statutory provisions. Under section 14 of the Fair Labor 
Standards Act of 1938, as amended, and the authority

[[Page 120]]

and responsibility delegated to him/her by the Secetary of Labor (36 FR 
8755) and by the Assistant Secretary for Employment Standards (39 FR 
3384l), the Administrator of the Wage and Hour Division is authorized 
and directed, to the extent necessary in order to prevent curtailment of 
opportunities for employment, to provide by regulation or order for the 
employment, under certificates, of full-time students in institutions of 
higher education. That section contains provisions requiring a wage rate 
in such certificates of not less than 85 percent of the minimum wage 
applicable under section 6 of the Act, limiting weekly hours of 
employment, stipulating compliance with the applicable child-labor 
standards, and safeguarding against the reduction of the full-time 
employment opportunities of employees other than full-time students 
employed under certificates.
    (b) Source of limitations. Some of the limitations expressed in this 
subpart are specifically required in section 14(b) of the Act. The other 
limitations implement the provisions relating to employment 
opportunities, i.e., the ``extent necessary in order to prevent 
curtailment of opportunities for employment'' and the requirement that 
the regulations shall ``prescribe standards and requirements to insure 
that this paragraph will not create a substantial probability of 
reducing the full-time employment opportunities of persons other than 
those to whom the minimum wage rate authorized by'' section 14(b) of the 
Act is applicable.

[40 FR 6329, Feb. 11, 1975; 40 FR 22546, May 23, 1975]