Section 8 AAC 15.125 - Minimum wage exemption for student learners(a) An exemption for student learners from the minimum wage requirement of AS 23.10.065 is available when the student learner is enrolled in a course of study and training in a cooperative vocational training program under a recognized state or local educational authority or in a substantially similar program conducted by a private school.(b) An application for an exemption under (a) of this section must be made on a form provided by the department. The information required must be complete and must be signed by the employer and the student learner's school coordinator or principal. To qualify for the exemption, the employment must meet all the requirements set out in AS 23.10.325-23.10.370 and ch. 5 of this title relating to the employment of children.(c) A wage rate authorized under this section will not be less than 50 percent of the minimum wage established under AS 23.10.065.(d) The exemption from minimum wages for full-time students established by Sec. 14(b) of the Fair Labor Standards Act of 1938, as amended, (29 U.S.C. 214(b)) as implemented in 29 C.F.R. 519.1 - 519.2 does not apply to employment subject to the provisions of AS 23.10.065.(e)The commissioner will determine the appropriate wage by considering the following factors; (1) whether the nature of the employment is for the benefit of the minor and whether the employment of the minor is in accordance with AS 23.05.010; (2) the goal of the training that the minor is expected to achieve; (3) the schedule of organized and progressive work processes to be performed; (4) the nature of the work being performed by the minor; (5) the length of time the minor will be employed; and (6) whether the employer is subject to 29 U.S.C. 201- 219 (Fair Labor Standards Act of 1938).Eff. 12/9/78, Register 68; am 4/30/2021, Register 238, July 2021; am 5/5/2022, Register 242, July 2022Authority:AS 23.10.070
AS 23.10.085