[Code of Federal Regulations]
[Title 34, Volume 3]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR675.20]

[Page 626]
 
                           TITLE 34--EDUCATION
 
 CHAPTER VI--OFFICE OF POSTSECONDARY EDUCATION, DEPARTMENT OF EDUCATION
 
PART 675_FEDERAL WORK-STUDY PROGRAMS--Table of Contents
 
                  Subpart A_Federal Work-Study Program
 
Sec. 675.20  Eligible employers and general conditions and limitation on 

employment.

    (a) Eligible FWS employers. A student may be employed under the FWS 
program by--
    (1) The institution in which the student is enrolled;
    (2) A Federal, State, or local public agency;
    (3) A private nonprofit organization; or
    (4) A private for-profit organization.
    (b) Agreement between institution and organization. (1) If an 
institution wishes to have its students employed under this part by a 
Federal, State or local public agency, or a private nonprofit or for-
profit organization, it shall enter into a written agreement with that 
agency or organization. The agreement must set forth the FWS work 
conditions. The agreement must indicate whether the institution or the 
agency or organization shall pay the students employed, except that the 
agreement between an institution and a for-profit organization must 
require the employer to pay the non-Federal share of the student 
earnings.
    (2) The institution may enter into an agreement with an agency or 
organization that has professional direction and staff.
    (3) The institution is responsible for ensuring that--
    (i) Payment for work performed under each agreement is properly 
documented; and
    (ii) Each student's work is properly supervised.
    (4) The agreement between the institution and the employing agency 
or nonprofit organization may require the employer to pay--
    (i) The non-Federal share of the student earnings; and
    (ii) Required employer costs such as the employer's share of social 
security or workers' compensation.
    (c) FWS general employment conditions and limitation. (1) Regardless 
of the student's employer, the student's work must be governed by 
employment conditions, including pay, that are appropriate and 
reasonable in terms of--
    (i) Type of work;
    (ii) Geographical region;
    (iii) Employee proficiency; and
    (iv) Any applicable Federal, State, or local law.
    (2) FWS employment may not--
    (i) Impair existing service contracts;
    (ii) Displace employees;
    (iii) Fill jobs that are vacant because the employer's regular 
employees are on strike;
    (iv) Involve the construction, operation, or maintenance of any part 
of a facility used or to be used for religious worship or sectarian 
instruction; or
    (v) Include employment for the U.S. Department of Education.
    (d) Academic credit and work-study. (1) A student may be employed 
under the FWS program and also receive academic credit for the work 
performed. Those jobs include, but are not limited to, work performed 
when the student is--
    (i) Enrolled in an internship;
    (ii) Enrolled in a practicum; or
    (iii) Employed in a research, teaching, or other assistantship.
    (2) A student employed in an FWS job and receiving academic credit 
for that job may not be--
    (i) Paid less than he or she would be if no academic credit were 
received;
    (ii) Paid for receiving instruction in a classroom, laboratory, or 
other academic setting; and
    (iii) Paid unless the employer would normally pay the person for the 
same position.

(Approved by the Office of Management and Budget under control number 
1845-0019)

(Authority: 42 U.S.C. 2753)

[52 FR 45770, Dec. 1, 1987, as amended at 53 FR 49147, Dec. 6, 1988; 59 
FR 61419, Nov. 30, 1994; 62 FR 50848, Sept. 26, 1997; 64 FR 58293, Oct. 
28, 1999]