[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: 29CFR519.2]

[Page 114-115]
 
                             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 A_Retail or Service Establishments, and Agriculture
 
Sec. 519.2  Definitions.

    (a) Full-time students. A full-time student for the purpose of this 
subpart is defined as a student who receives primarily daytime 
instruction at the physical location of a bona fide educational 
institution, in accordance with the institution's accepted definition of 
a full-time student. A full-time student retains that status during the 
student's Christmas, summer and other vacations. An individual who was 
such a student immediately prior to vacation will be presumed not to 
have discontinued such status during vacation if local law requires his/
her attendance at the end of the vacation. In the absence of such 
requirement his/her status during vacation will be governed by his/her 
intention as last communicated to his/her employer. The phrase in 
section 14(b) of the statute ``regardless of age but in compliance with 
applicable child-labor laws,'' among other things, restricts the 
employment in a retail or service establishment to full-time students 
who are at least 14 years of age because of the application of section 
3(1) of the Act. There is a minimum age requirement of 16 years in 
agriculture for employment during school hours and in any occupation 
declared hazardous by the Secretary of Labor (subpart E-1 of part 570 of 
this title.) In addition, there is a minimum age restriction of 14 years 
generally for employment in agriculture of a full-time student outside 
school hours for the school district where such employee is living while 
so employed, except (1) Minors 12 or 13 years of age may be employed 
with written parental or guardian consent or they may work on farms 
where their parents or guardians are employed, and (2) minors under 12 
may work on farms owned or operated by their parents or with parental or 
guardian consent on farms whose employees are exempt from section 6 by 
section 13 (a)(6)(A) of the Act.
    (b) Bona fide educational institution. A bona fide educational 
institution is ordinarily an accredited institution. However, a school 
which is not accredited may be considered a bona fide educational 
institution in exceptional circumstances, such as when the school is too 
recently established to have received accreditation.
    (c) Retail or service establishment. Retail or service establishment 
means a retail or service establishment as defined in section 13(a)(2) 
of the Fair Labor Standards Act. The statutory definition is interpreted 
in part 779 of this chapter.
    (d) Agriculture. Agriculture means agriculture as defined in section 
3(f) of the Fair Labor Standards Act. The statutory definition is 
interpreted in part 780 of this chapter.
    (e) Student hours of employment. Student hours of employment means 
hours during which students are employed under full-time student 
certificates issued under this part and is distinguished from hours of 
employment of students.
    (f) Employer. Section 519.4 permits an agricultural or retail or 
service establishment employer to employ not more than six full-time 
students at subminimum wages on forwarding an application but before 
certification. For this purpose, the term employer looks to the highest 
structure of ownership or control, and hence may be more than a single 
retail or service establishment or farm, e.g., the controlling 
conglomerate or enterprise would be the employer. With respect to public 
employers who operate retail or service establishments (see 29 CFR part 
779), the employer means the highest structure of

[[Page 115]]

control such as the State, municipality, county or other political 
subdivision.

[40 FR 6329, Feb. 11, 1975, as amended at 42 FR 58745, Nov. 11, 1977; 43 
FR 29000, July 5, 1978]