---
kind: "section"
citation: "29 C.F.R. § 519.5"
title: "29"
number: "519.5"
heading: "Conditions governing issuance of full-time student certificates."
url: "https://uscodex.org/cfr/29/519.5"
---

# §519.5. Conditions governing issuance of full-time student certificates.


Certificates authorizing the employment of full-time students at subminimum wage rates shall not be issued unless the following conditions are met:

- (a) Full-time students are available for employment at subminimum rates; the granting of a certificate is necessary in order to prevent curtailment of opportunities for employment.
- (b) The employment of more than six full-time students by an employer will not create a substantial probability of reducing the full-time employment opportunities for persons other than those employed under such certificates.
- (c) Abnormal labor conditions such as a strike or lockout do not exist at the farm or establishment for which a full-time student certificate is requested.
- (d) **The data given on the application are accurate and based on available records.**
- (e) The farms or establishments on whose experience the applicant relies meet the requirements of [paragraph (h)](/cfr/29/519.6.md?p=h) of § 519.6.
- (f) There are no serious outstanding violations of the provisions of a full-time student certificate previously issued to the employer, nor have there been any serious violations of the Fair Labor Standards Act (including Child-Labor Regulation No. 3 and the Hazardous Occupations Orders published in [part 570](/cfr/29/part570.md) of this chapter) which provide reasonable grounds to conclude that the terms of a certificate may not be compiled with, if issued.
- (g) The subminimum wage rate(s) proposed to be paid full-time students under temporary authorization or under certificate is not less than 85 percent of the minimum wage applicable under [section 6](/cfr/29/6.md) of the Act.
- (h) Certificates will not be issued where such issuance will result in a reduction of the wage rate paid to a current employee, including current student employees.

## Notes

### Amendments

[40 FR 6329, Feb. 11, 1975, as amended at 42 FR 58745, Nov. 11, 1977]

### Authority

Authority: Secs. 11 and 14, 52 Stat. 1068; sec. 11, 75 Stat. 74; secs. 501 and 602, 80 Stat. 843, 844 (29 U.S.C. 211, 214).

### Source

Source: 40 FR 6329, Feb. 11, 1975, unless otherwise noted.

### Amendments

[40 FR 6329, Feb. 11, 1975, as amended at 42 FR 58745, Nov. 11, 1977]