Form Wh-202 - Application For Authority To Employ Six Or Fewer Full-Time Students At Subminimum Wages In Retail Or Service Establishments Or Agriculture Under Regulations 29 C.f.r. Part 519 Page 2

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TEMPORARY NOTICE TO EMPLOYEES
THE EMPLOYER NAMED BELOW HAS FILED AN APPLICATION WITH THE WAGE AND HOUR
DIVISION FOR AUTHORITY TO EMPLOY UP TO SIX FULL-TIME STUDENTS ON ANY WORKDAY
AT THE ESTABLISHMENT(S) LISTED AT A WAGE RATE NOT LESS THAN 85% OF THE
STATUTORY MINIMUM ESTABLISHED UNDER SECTION 6 OF THE FAIR LABOR STANDARDS
ACT (THE FEDERAL WAGE AND HOUR LAW). THIS AUTHORITY IS EFFECTIVE FROM THE
DATE THE APPLICATION IS MAILED (POSTMARKED) TO THE DIVISION AND MAY REMAIN IN
EFFECT FOR A PERIOD OF ONE YEAR.
Name of Employer:
Name and Address of Establishment(s) Where Full-Time Students
May Be Employed At Subminimum Wages Under This Temporary Notice:
1.
4.
2.
5.
3.
6.
Date application was mailed to the Division:
/
/
Full-time students may be employed under the terms of this authority only outside of their scheduled hours of instruction and
for not more than 8 hours a day or more than 20 hours a week when school is in session all week or more that 40 hours a
week during the student’s vacation. Full-time students must be employed in compliance with local ordinances, State laws,
and other Federal laws, including child labor provisions. There is no authority to pay subminimum wages to full-time students
for work under the Walsh-Healey Public Contracts Act or the Service Contract Act. This temporary authority may only be
issued if the following conditions are met (29 C.F.R. § 519.5):
a. The granting of the authority requested is necessary to prevent curtailment of opportunities for employment;
b. The employment of full-time students at subminimum wages will not create a substantial probability of reducing the
full-time employment opportunities of other persons;
c. Full-time students are available for employment at subminimum wages;
d. Abnormal labor conditions, such as a strike or lockout, do not exist in the establishment(s) for which authority is
sought;
e. There are no serious outstanding violations of the provisions of the previous authority to employ full-time students
nor of other provisions of the Fair Labor Standards Act;
f. The granting of the authority will not result in a reduction of a wage rate paid to a current employee, including student
employees.
Any interested person may send data or views concerning the application to the Wage and Hour Division,
230 South Dearborn Street, Room 514, Chicago, Illinois 60604-1757.
TO THE EMPLOYER:
It is required that you complete this notice and post it in a conspicuous place at each establishment
where full-time students will be employed from the date the application is mailed to the Division and that it remain posted
during the effective period of the temporary authority.
Form WH-202
Rev. December 2010

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