[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: 29CFR519.15]

[Page 122]
 
                             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. 519.15  Conditions governing issuance of full-time student certificates.

    Certificates authorizing the employment of full-time students at 
subminimum wage rates shall not be issued unless the following 
conditions are met:
    (a) Full-time students are available for employment at subminimum 
rates; the granting of a certificate is necessary in order to prevent 
curtailment of opportunities for employment.
    (b) The employment of full-time students will not create a 
substantial probability of reducing the full-time employment 
opportunities for persons other than those employed under such 
certificates.
    (c) Abnormal labor conditions such as a strike or lockout do not 
exist in the units of the campus for which a full-time student 
certificate is requested.
    (d) The data given on the application are accurate and based on 
available records.
    (e) There are no serious outstanding violations of the provisions of 
a full-time student certificate previously issued to the employer, nor 
have there been any serious violations of the Fair Labor Standards Act 
(including Child-Labor Regulation No. 3 and the Hazardous Occupations 
Orders published in part 570 of this chapter) which provide reasonable 
grounds to conclude that the terms of a certificate may not be complied 
with, if issued.
    (f) The subminimum wage rate(s) proposed to be paid full-time 
students under temporary authorization or under certificate is not less 
than 85 percent of the minimum wage applicable under section 6 of the 
Act.
    (g) Full-time students are not to be employed by an institution of 
higher education at subminimum wages under this subpart in unrelated 
trades or businesses as defined and applied under sections 511 through 
515 of the Internal Revenue Code, such as apartment houses, stores, or 
other businesses not primarily catering to the students of the 
institution.
    (h) Certificates will not be issued where such issuance will result 
in a reduction of the wage rate paid to a current employee, including 
current student employees.