STUDENT LEARNER EXEMPTION FROM SECTION To perform prohibited occupations on a very limited basis: Student learners aged 16 & 17 must be enrolled in a course of study and training in a cooperative vocational training program. The on-the-job training must be an extension of the classroom learning experience and must be a required component of the total career and technical education program. The purpose of the training must be the acquisition of job skills.

STUDENT LEARNER EXEMPTION FROM SECTION 133.2, cont’d A written agreement between the business, the school, and the student is required, providing that: -- prohibited tasks are incidental to training, intermittent, and for short periods of time; -- prohibited tasks are under the direct and close supervision of a qualified and experienced person; -- safety instructions are given by the school and by the worksite supervisor; and -- a schedule of organized and progressive work processes to be performed has been prepared. Cont’d

STUDENT LEARNER EXEMPTION FROM SECTION 133.2, cont’d To be “incidental to training,” the student cannot be the primary performer of the prohibited duties. To be “intermittent” and “for a short period of time”, otherwise prohibited work must not last for more than one hour at a time, or more than 20% of the student-learner’s work shift. The requirement for “direct and close supervision” applies only during the periods when the student-learner is actually performing work that would otherwise be prohibited. A high school graduate who has completed training as a student learner may be employed in the occupation even though not yet 18.

LIMITED TRAINEE EXEMPTION FROM MINIMUM WAGE A trainee is not in an employment relationship and need not be paid the minimum wage if the purpose of the training is the acquisition of job skills and if the following criteria are met: 1. The training, even though it includes actual operation of the facilities of the employer, is similar to that which would be given in a vocational school. 2. The training is for the benefit of the trainees or students. 3. The trainees or students do not displace regular employees and any work they may do is under close supervision.

LIMITED TRAINEE EXEMPTION FROM MINIMUM WAGE 4. The employer who provides the training derives no immediate advantage from the activities of the trainees or students and, on occasion, operations may actually be impeded. 5. The trainees or students are not necessarily entitled to a job at the conclusion of the training period and are free to take employment elsewhere in the same field. 6. The trainees have been notified, preferably in writing, that they will not receive any wages for such training and are not considered to be employees for Minimum Wage purposes.

SOME OTHER EXEMPTIONS FROM MINIMUM WAGE –Students obtaining vocational experience in order to fulfill a curriculum requirement (or Individualized Education Plan requirement) – Part-time baby sitters in the home of the employer – Outside salespersons – Staff counselors in children’s camps

EXEMPT FROM MINIMUM WAGE IN NON-PROFIT INSTITUTIONS –Volunteers –Students (currently attending or during summer if in school the previous semester) –Employees of non-profit summer camps –Certain learners and apprentices in training programs of non-profit institutions –Persons working in or for a non-profit institution in return for charitable aid –Persons working in or for a non-profit institution whose earning capacity is impaired by age or by physical or mental deficiency or injury

OVERTIME VARIATIONS Some of the occupations that need only be paid 1½ times the minimum hourly rate for OT: –Motion picture theater employees – Seasonal amusement industry employees – Summer camp workers (other than counselors) – Home health aides –Drivers, drivers’ helpers, loaders, and mechanics employed by Interstate Motor Carriers