(a) The center operator shall emphasize and implement programs of
work experience for students through center program activities or
through arrangement with employers. Work experience shall be under
actual working conditions and should enhance the employability,
responsibility, and confidence of the students.
(b) The following limitations shall be observed in establishing work
experience programs:
(1) Students shall only be assigned to work meeting the safety
standards of Sec. 638.803 of this part.
(2) Any work experience arranged for employment not covered by a
Federal, State, or local minimum wage law shall have prior regional
office approval.
(3) When work experience with pay is arranged, the student, for
applicable wage provisions of the Davis-Bacon Act, the Fair Labor
Standards Act, the Service Contract Act, and other applicable minimum
wage laws, shall be considered a joint employee of the Job Corps and the
work experience employer.
(i) The wages paid by Job Corps (including the reasonable cost to
Job Corps of room, board, and other facilities, as well as clothing and
living allowances) shall be no less than the federal minimum wage rate
set forth in
section (6)(a)(1) of the Fair Labor Standards Act (FLSA) for up to 25
hours a week. The work experience employer shall pay the student, in
cash, any wages above the FLSA minimum whenever such additional amounts
are required by the Davis-Bacon Act, the Service Contract Act, the State
or local minimum wage law, or other applicable minimum wage law. For any
time in excess of 25 hours per week, the work experience employer shall
pay the student, in cash, no less than the entire wage at the wage rate
required by applicable law.
(ii) In addition to the cash wages required to be paid by work
experience employers by paragraph (b)(3)(i) of this section, work
experience employers, after the first six weeks of work by a student,
shall also pay additional cash wages to the student at an hourly rate of
25 percent of the wage set forth in section 6(a)(1) of the Fair Labor
Standards Act.
