Iowa Administrative Code › Agency 875 - Labor Services Division › Minimum Wage › Chapter 216 - Records to Be Kept by Employers › Rule 875-216.30 - Learners, Apprentices, Messengers, Students, or Persons With a Disability Employed Under Special Certificates as Provided in the Federal Fair Labor Standards Act, 29 U.s.c. 214

Current through Register Vol. 47, No. 3, July 24, 2024
(1) With
				respect to persons employed as learners, apprentices, messengers or full-time
				students employed outside of their school hours in any retail or service
				establishment, in agriculture, or in institutions of higher education, or
				persons with a disability employed at special minimum hourly rates under
				special certificates pursuant to the federal Fair Labor Standards Act,
				29 U.S.C.
				214, employers shall maintain and preserve
				records containing the same information and data required with respect to other
				employees employed in the same occupations.
For the purposes of this rule, the following definitions
				  shall apply:
a.
"Apprentice"
means a worker at least 16 years of age, except
				where a higher minimum age standard is otherwise fixed by law, who is employed
				to learn a skilled trade and in conformity with the standards of
				apprenticeship.
b.
"Full-time student"
means a student who receives primary
				instruction at the physical location of a bona fide educational institution. A
				full-time student retains that status during the student's winter, summer and
				other vacations. Employment must be in compliance with applicable child-labor
				laws. An agricultural or retail service establishment employer is permitted to
				employ not more than six full-time students per workday at subminimum wage. A
				full-time student certificate will not be issued for a period longer than one
				year, nor will it be issued retroactively. A subminimum wage of at least 85
				percent of the applicable minimum wage is permitted.
c.
"Handicapped worker"
means an individual whose earning capacity is impaired by age or physical or
				mental deficiency or injury for the work to be performed.
"Handicapped
				trainee"
means an individual whose earning is impaired by age or
				physical or mental deficiency or injury, and who is receiving or scheduled to
				receive on-the-job training in industry under any authorized vocational
				rehabilitation program.
The application for special certificate shall include the
				  nature of the disability, a description of the occupation in which the worker
				  is to be employed and the wage the firm proposes to guarantee the worker per
				  hour. The nature of the disability shall be set out in detail.
When a wage is requested which is less than 50 percent of the
				  minimum wage applicable, the application shall also contain evidence that the
				  individual is multihandicapped or so severely impaired that the individual is
				  unable to engage in competitive employment.
"Competitive
				  employment"
is employment of a handicapped worker whose earning or
				  productive capacity would yield wages equal to at least 50 percent of the
				  minimum wage as wages which are commensurate with those for nonhandicapped
				  workers in the industry in the vicinity for the same type, quality and quantity
				  of work. For multihandicapped workers the rate shall be not less than 25
				  percent of the minimum wage.
d.
"Learner"
means a worker
				whose total experience in an authorized learner occupation in the industry is
				usually within the past three years.
e.
"Messenger"
means an
				individual engaged primarily in delivering letters and messages at a wage lower
				than the minimum wage.
f.
"Student-learner
means a student who is receiving instruction
				in an accredited school, college or university and who is employed on a
				part-time basis pursuant to a bona fide vocational training program. The
				student-learner must be at least 16 years of age. The student-learner must be
				at least 18 years of age if employed in any hazardous occupation. The number of
				student-learners to be employed in one establishment must not be more than a
				small proportion of its working force. The special minimum wage rate shall be
				not less than 75 percent of the applicable minimum wage.
REFERENCE/SOURCE:
				  29 U.S.C.
				  214,
				  29 CFR
				  519.4,
				  522.2.