520.503—What must I demonstrate in my application for a student-learner certificate to receive a favorable review?
Each student-learner application must demonstrate that:
(a)
The training program under which the student-learner will be employed is a bona fide vocational training program as defined in subpart C of this part;
(b)
The employment of the student-learner at subminimum wages authorized by the special certificate must be necessary to prevent curtailment of opportunities for employment;
(c)
The student-learner is at least sixteen years of age, or at least eighteen years of age if employed in any occupation which the Secretary has declared to be particularly hazardous (see part 570, subpart E, of this chapter, but note the specific exemptions for student-learners in several of the orders);
(d)
The occupation for which the student-learner is receiving preparatory training requires a sufficient degree of skill to necessitate a substantial learning period;
(e)
The training is not for the purpose of acquiring manual dexterity and high production speed in repetitive operations;
(f)
The employment of a student-learner will not have the effect of displacing a worker employed in the establishment;
(g)
The employment of the student-learners at subminimum wages must not tend to impair or depress the wage rates or working standards established for experienced workers for work of a like or comparable character;
(i)
There are no serious outstanding violations of the provisions of a student-learner certificate previously issued to the employer, or serious violations of any other provisions of the FLSA by the employer which provide reasonable grounds to conclude that the terms of the certificate would not be complied with, if issued;
(j)
The issuance of such a certificate would not tend to prevent the development of apprenticeship programs in accordance with the regulations applicable thereto (subpart D of this part) or would not impair established apprenticeship standards in the occupation or industry involved; and
(k)
The number of student-learners to be employed in one establishment is not more than a small proportion of its work force.