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Code of Federal Regulations Pertaining to ESA |
| Labor |
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| Wage and Hour Division, Department of Labor |
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| Employment of Full-Time Students At Subminimum Wages |
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| Retail or Service Establishments, and Agriculture |
29 CFR 519.1 - Applicability of the regulations in this subpart.
- Section Number: 519.1
- Section Name: Applicability of the regulations in this subpart.
(a) Statutory provisions. Under section 14 of the Fair Labor
Standards Act of 1938, as amended, and the authority and responsibility
delegated to him/her by the Secretary of Labor (36 FR 8755) and by the
Assistant Secretary for Employment Standards (39 FR 33841) the
Administrator of the Wage and Hour Division is authorized and directed,
to the extent necessary in order to prevent curtailment of opportunities
for employment, to provide by regulation or order for the employment,
under certificates, of full-time students in retail or service
establishments, or in agriculture. That section contains provisions
requiring a wage rate in such certificates of not less than 85 percent
of the minimum wage applicable under section 6 of the Act, limiting
weekly hours of employment, stipulating compliance with the applicable
child-labor standards, and safeguarding against the reduction of the
full-time employment opportunities of employees other than full-time
students employed under certificates.
(b) Source of limitations. Some of the limitations in this subpart
are specifically required in section 14(b) of the Act. The other
limitations implement the provisions in that section relating to
employment opportunities, i.e., the ``extent necessary to prevent
curtailment of opportunities for employment'' and the avoidance of a
``substantial probability of reducing the full-time employment
opportunities of persons other than those to whom the minimum wage rate
authorized'' under section 14(b) is applicable.
[40 FR 6329, Feb. 11, 1975; 40 FR 22546, May 23, 1975]
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