(1) Applicability of the regulations contained in this part.
(a) The regulations contained in this part are issued in accordance with section 39-3-404 MCA to provide for the employment under special certificates of student-learners at wages lower than the minimum wage applicable under section 39-3-406 MCA. Such certificates shall be subject to the terms and conditions hereinafter set forth.
(2) As used in the regulations contained in this part.
(a) A "student-learner" is one who is attending an accredited school, college, or university and is employed on a part time basis, pursuant to a bona fide vocational program.
(b) A "bona fide vocational training program" is one authorized and approved by the Montana State office of Superintendent of Public Instruction and provides for part time employment training which may be scheduled for a part of the work day or workweek for alternating weeks or for other limited periods during the year, supplemented by and integrated with a definitely organized plan of instructions designed to teach technical knowledge and related industrial information given as a regular part of the student-learners course by an accredited school, college or university.
(3) Application for a special student-learner certificate.
(a) Whenever the employment of a student-learner at wages lower than the minimum wage applicable under section 39-3-404 MCA is believed necessary to prevent curtailment of opportunities for employment, an application for a special certificate authorizing the employment of such student-learner at subminimum wages shall be filed by the employer with the Commissioner of Labor.
(b) Application must be made on the official form furnished by these Divisions and must be signed by the employer, the appropriate school official and the student-learner. The application must contain all information required by such form, including among other things, a statement clearly outlining the vocational training program and showing, particularly the processes in which the student-learner will be engaged when in training on the job; a statement directly related to the job; the total number of workers employed in the establishment; the number and hourly wage rate of experienced workers employed in the occupation in which the student-learner is to be trained; the hourly wage rate or progressive wage schedule which the employer proposes to pay the student-learner; data regarding the age of the student-learner; the number of hours of employment training a week; the number of hours of school instruction a week; and a certification by the appropriate school official that the student named therein will be receiving instruction in an
accredited school, college or university and will be employed pursuant to a bona fide vocational training program, as defined in subsection (2) (b) .
(4) Conditions governing issuance of special student-learner certificates. The following conditions must be satisfied before a special certificate may be issued authorising the employment of a student-learner at subminimum wages:
(a) Any training program under which the student-learner will be employed must be a bona fide vocational training program as defined in subsection (2) (b) ;
(b) The employment of the student-learner at subminimum wages authorized by the special certificate must be necessary to prevent curtailment of opportunities for employment;
(c) The student-learner must be at least 18 years of age if he is to be employed in any hazardous occupation;
(d) The occupation for which the student-learner is receiving preparatory training must require a sufficient degree of skill to necessitate a substantial learning period;
(e) The training must not be for the purpose of acquiring manual dexterity and high production speed in repetitive operations.
(f) The employment of a student-learner must not have the effect of displacing a worker in the establishment;
(g) The employment of the student-learners at subminimum wages must not tend to impair or depress the wage rates or working standards established for experienced workers for work of a like or comparable character;
(h) The occupational needs of the community or industry warrant the training of student-learners;
(i) There are no serious outstanding violations of the provisions of a student-learner certificate previously issued to the employer, or serious violations of any other provisions of the Montana Wage or Labor Laws by the employer which provide reasonable grounds to conclude that the terms of the certificate would not be complied with, if issued;
(j) The issuance of such a certificate would not tend to prevent the development of apprenticeship or would not impair established apprenticeship standards in the occupation of industry involved;
(k) The number of student-learners to be employed in one establishment, must not be more than a small proportion of its work force.
(5) Terms and conditions of employment under special student-learner certificates.
(a) The special student-learner certificate, if issued, shall specify, among other things,
(i) the name of the student-learner,
(ii) the name and address of the employer,
(iii) the name of the school which provides the related school instruction,
(iv) the occupation in which the student is to be trained,
(v) the maximum number of hours of employment training in any one week at a specified subminimum wage rate or rates and,
(vi) the effective and expiration dates of the certificate.
(b) The special minimum wage rate shall be not less than 85 percentum of the applicable minimum under section 39-3-404 MCA.
(c) No special student-learner certificate may be issued retroactively.
(d) The number of hours of employment training at subminimum wages pursuant to a certificate shall not exceed four hours a day or 20 hours per week, except that authorization may be granted by the administrator or his authorized representative for a greater number of hours if found to be justified by extraordinary circumstances.
(e) When school is not in session on any school day, the student-learner may work a number of hours in addition to the weekly hours of employment training authorized by the certificate; Provided, however, that the total hours worked shall not exceed 8 hours on any such day. A notation shall be made in the employer's records to the effect that school not being in session was the reason additional hours were worked on such day.
(f) During the school term, when school is not in session for the entire week, the student-learner may work at his employment training a number of hours in the week in addition to those authorized by the certificate: Provided, however, that the total hours shall not exceed 40 hours in any such week. A notation shall be made in the employer's records to the effect that school not being in session was the reason additional hours were worked in such week.
(g) A special student-learner certificate shall not constitute authorization to pay a subminimum wage rate to a student-learner in any week in which he is employed for a number of hours in addition to the number authorized in the certificate, except as provided in paragraphs (d) , (e) and (f) of this subsection.
(6) Employment records to be kept. In addition to any other records required under the record-keeping regulations the employer shall keep the following records specifically relating to student-learners employed at subminimum wage rates:
(a) Any worker employed as a student-learner shall be identified as such on the payroll records, with each student-learners occupation and rate of pay being shown;
(b) Notations should be made in the employer's records when additional hours are worked by reason of school not being in session as provided in subsection (5) (d) , (e) and (f) .
(c) The records required in this section, including a copy of any special certificate issued, shall be kept and made available for inspection at all times for at least three
years from the last effective date of the certificate.
(7) Duration of certificates. A special student-learner certificate may be issued for a period to be determined by the Commissioner of Labor. No certificate shall authorize employment training beyond the date of graduation or the end of the school year.
(8) Compliance with established standards. No provision of the regulations contained in this part, or of any certificate issued pursuant thereto, shall excuse noncompliance with higher standards applicable to student-learners which may be established under any other State law, or any Federal law, municipal ordinance or trade union agreement.