[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: 29CFR519.4]

[Page 115-116]
 
                             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. 519.4  Procedure for action upon an application.

    (a) Under certain conditions, an agricultural or retail or service 
establishment employer may obtain temporary authorization to employ 
full-time students at subminimum wages. These conditions are: (1) 
Attestation by the employer that he/she will employ no more than six 
full-time students at subminimum wages on any workday and that the 
employment of such students will not reduce the full-time employment 
opportunities of other persons, and (2) forwarding a properly completed 
application to the Wage and Hour Division not later than the start of 
such employment, and (3) posting a notice of such filing at the place(s) 
specified in paragraph (a) of Sec. 519.6 of this subpart, and (4) 
compliance during the temporary authorization period with the 
requirements set forth in paragraphs (b) and (j) through (o) of Sec. 
519.6 of this subpart.
    (b) Temporary authorization under the conditions set forth in 
paragraph (a) of this section is effective from the date the application 
is forwarded to the Wage and Hour Division in conformance with Sec. 
519.3 of this subpart. This authorization shall continue in effect for 
one year from the date of forwarding of the application unless, within 
30 days the Administrator or his/her authorized representative denies 
the application, issues a certificate with modified terms and 
conditions, or expressly extends the 30-day period of review.
    (c) Upon receipt of an application for a certificate, the officer 
authorized to act upon such application shall issue a certificate if the 
terms and conditions specified in this subpart are satisfied.

[[Page 116]]

To the extent he/she deems appropriate, the authorized officer may 
provide an opportunity to other interested persons to present data, 
views, or argument on the application prior to granting or denying a 
certificate.
    (d) Until April 30, 1976, if a certificate is issued, there shall be 
published in the Federal Register a general statement of the terms of 
such certificate together with a notice that, pursuant to Sec. 519.9, 
for 45 days following such publication any interested person may file a 
written request for reconsideration or review. Thereafter, applications 
and certificates will be available for examination in accordance with 
applicable regulations in Washington, DC, and in the appropriate 
Regional Office of the Wage and Hour Division (or the Denver, Colorado 
Area Office for Colorado, North Dakota, and South Dakota; the Salt Lake 
City, Utah Area Office for Montana, Utah, and Wyoming; and the Caribbean 
Office for the area it covers) for establishments in its area. A period 
of 60 days will be provided after certificate issuance during which any 
interested person may file a written request for reconsideration or 
review.
    (e) If a certificate is denied, notice of such denial shall be sent 
to the employer, stating the reason or reasons for the denial. Such 
denial shall be without prejudice to the filing of any subsequent 
application.

[40 FR 6329, Feb. 11, 1975, as amended at 42 FR 58745, Nov. 11, 1977]