[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: 29CFR520.404]

[Page 130-131]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 520_EMPLOYMENT UNDER SPECIAL CERTIFICATE OF MESSENGERS, LEARNERS 
(INCLUDING STUDENT-LEARNERS), AND APPRENTICES--Table of Contents
 
    Subpart D_Messengers, Learners (Excluding Student-Learners), and 
                               Apprentices
 
Sec. 520.404  What must I demonstrate in my application for a messenger, 
learner, or apprentice certificate to receive a favorable review?

    (a) The application must demonstrate that a certificate is necessary 
in order to prevent the curtailment of opportunities for employment.
    (b) The issuance of a messenger and/or learner certificate must not 
tend to create unfair competitive labor cost advantages nor have the 
effect of impairing or depressing wage rates or working standards of 
experienced workers performing work of a like or comparable character in 
the industry.
    (c) Abnormal labor conditions such as a strike, lock-out, or other 
similar condition, must not exist at the plant

[[Page 131]]

or establishment for which a messenger and/or learner certificate is 
requested.
    (d) It must be shown that an adequate supply of qualified 
experienced workers is not available for employment in those occupations 
for which authorization to pay subminimum wages to learners has been 
requested; that the experienced workers presently employed in the plant 
or establishment in occupations in which learners are requested are 
afforded an opportunity, to the fullest extent possible, for full-time 
employment upon completion of the learning period; and that learners are 
available for employment.
    (e) Reasonable efforts must have been made to recruit workers paid 
at least the minimum wage in those occupations in which certificates to 
employ learners at subminimum wages have been requested. This includes 
the placement of an order with the local State or Territorial Public 
Employment Service Office (except in possessions where there is no such 
office) not more than fifteen days prior to the date of application. 
Written evidence from such office that the order has been placed shall 
be submitted by the employer with the application.
    (f) The occupation or occupations in which learners are to receive 
training must involve a sufficient degree of skill to necessitate an 
appreciable learning period.
    (g) An apprenticeship program must conform with or substantially 
conform with the standards of apprenticeship as defined in subpart C of 
this part.
    (h) There must be no serious outstanding violations involving the 
employee(s) for whom a certificate is being requested nor any serious 
outstanding violations of a certificate previously issued, nor any 
serious violations of the FLSA which provide reasonable grounds to 
conclude that the terms of a certificate may not be complied with, if 
issued.