An employer may employ a learner, a student learner, or an apprentice at a sub-minimum wage, provided:

1. (1) For learners and apprentices, the employer:

   1. (A) Has current and valid certification from the United States Department of Labor to employ learners and apprentices at a sub-minimum wage pursuant to 29 C.F.R. §§ 520.400 — 520.412; and
   2. (B) Pays wages to such learners and apprentices at a rate of not less than eighty-five percent (85%) of the minimum wage rate established by Arkansas Code§ 11-4-210(a); and

2. (2) For student learners, the employer:

   1. (A) Has current and valid certification from the United States Department of Labor to employ student-learners at a sub-minimum wage pursuant to 29 C.F.R. §§ 520.500 — 520.508; and
   2. (B) Pays wages to such learners and apprentices at a rate of not less than eighty-five percent (85%) of the minimum wage rate established by Arkansas Code § 11-4-210(a).