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Wage and Hour Division (WHD)

Instructions for Form WH-205: Application to Employ
Student-Learners at Subminimum Wages

Section 14(a) of the Fair Labor Standards Act (FLSA) authorizes the payment
of subminimum wages – at rates not less than 75 percent of the applicable
minimum wage under section 6(a) of the FLSA – to a student-learner after the
employer has applied for an authorizing certificate from the U. S. Department of
Labor. Temporary authority to pay the subminimum wage is granted to the employer
when the application is forwarded to the Department as long as the appropriate
school official has signed the application. This temporary authority will remain
in effect for thirty days. At the end of 30 days, the application will become
the permanent special student-learner certificate unless, after review, the
Administrator of the Wage and Hour Division denies the application, issues a
certificate with modified terms and conditions, or expressly extends the period
of review.

Under section 14(a), a student-learner is a student who is at least sixteen
years of age (or at least eighteen years of age if employed in an occupation
which the Secretary of Labor has declared to be particularly hazardous), who is
receiving instruction in any accredited school, college or university and who is
employed by an establishment on a part-time basis, pursuant to a bona fide
vocational training program. The regulations addressing the application process
and employment of student-learners at subminimum wages are contained in 29 CFR
Part 520.

Employers wishing to employ student-learners at subminimum wages under
section 14(a) must first complete and submit form WH-205.

WH-205

Application to Employ Student-Learners at Subminimum Wages

This application must be submitted by employers who wish
to employ student-learners at subminimum wages pursuant to a bona fide
vocational training program. The application must be signed by the
employer, the appropriate school official, and the student-learner who
will be employed at subminimum wages before it is submitted. A separate
application must be submitted for each student-learner.

Completed applications should be forwarded to the Wage and Hour Division
National Certification Office which services the geographic area where the
student-learner will be employed.

All student-learner certificate applications are processed at a single
location. Completed applications shall be forwarded to the Wage and Hour
Division National Certification Team:

U.S. Department of Labor
Employment Standards Administration
Wage and
Hour Division
Attn: National Certification Team
230 S. Dearborn Street,
Room 514
Chicago, IL 60604-1757
Telephone: (312) 596-7195

For questions concerning the processing of certificates, mail questions to
ATTN: National Certification Program Manager at the U.S. Department of Labor,
Wage Hour Division, National Certification Team, P. O. Box 56447, Atlanta, GA
30343-0447.

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