---
kind: "section"
citation: "29 C.F.R. § 520.403"
title: "29"
number: "520.403"
heading: "What information is required when applying for authority to pay less than the minimum wage?"
url: "https://uscodex.org/cfr/29/520.403"
---

# §520.403. What information is required when applying for authority to pay less than the minimum wage?

- (a) A separate application must be made for each plant or establishment requesting authorization for employment of messengers and/or learners at subminimum wages, on the official form furnished by the Wage and Hour Division, containing all information required by the form including:
  - (1) Information concerning efforts made by the applicant to obtain experienced workers in occupation(s) for which learners are requested;
  - (2) The occupations/industry in which the messenger(s) and/or learner(s) are to be employed;
  - (3) A statement explaining why employment of messenger(s) and/or learners(s) at subminimum wages is needed to prevent curtailment of employment opportunities;
  - (4) The number of messengers and/or learners the applicant anticipates employing at subminimum wages under special certificate;
  - (5) If requesting authorization for the employment of learners at subminimum wages for a learning period greater than 240 hours, information pertinent to the extraordinary circumstances necessitating such a request. While each such request will be considered on its own merit, it is anticipated that such authorizations would be limited to occupations requiring an extended period of specialized training;
  - (6) The number of messengers and/or learners hired at subminimum wages during the twelve-month period prior to making application;
  - (7) Total number of nonsupervisory workers in the particular plant or establishment for which a certificate is requested;
  - (8) The number of experienced workers in the learner occupations and their straight-time average hourly earnings during the last payroll period and the corresponding payroll period in the prior year; and
  - (9) **The type of equipment to be used by learners.**
- (b) For apprentices, the employer or apprenticeship committee must submit a copy of the registered apprenticeship program.
- (c) Any applicant may also submit such additional information as may be pertinent. Applications which fail to provide the information required by the form may be returned to the applicant with a notation of deficiencies and without prejudice against submission of a new or revised application.

## Notes

### Amendments

[62 FR 64959, Dec. 9, 1997, as amended at 82 FR 2227, Jan. 9, 2017]

### Authority

Authority: Sec. 14, 52 Stat. 1062, 1064 (29 U.S.C. 214); secs. 2-12, 60 Stat. 237-244; (5 U.S.C. 1001-1011); 52 Stat. 1068, as amended, 29 U.S.C. 214.

### Source

Source: 62 FR 64959, Dec. 9, 1997, unless otherwise noted.

### Amendments

[62 FR 64959, Dec. 9, 1997, as amended at 82 FR 2227, Jan. 9, 2017]