PURPOSE: Thisruleestablishesatraining wage for certain learners and apprenticesat a rateless thanthecurrent minimum wage rate.
Editor’s Note: The secretary of state has determined that the publication of this rule in its entirety would be unduly cumbersome or expensive. The entire text of the rule has been filed with the secretaryofstate. The entire text of the rule may be found at the headquarters of the agency and is available to any interested person at a cost established by state law.
- (1) The director is empowered by law to provide by rule for the employment of learners and apprentices in any occupation, at the wage rate established under 8 CSR 30.4.020(2).
- (2) Anindividual who wouldotherwisequalify as a covered employee under the minimum wage law may be deemed to be a learner and apprentice and may be paid the applicable subminimum training wage for a period of three (3) calendar months. However~ the director is empowered to establish a traming period of up to six (6) calendar months for learners and apprentices in occupations where the director finds that a minimum of proficiency cannot be acquired in three (3) months.
- (3) An individual who would otherwise qualify as a covered employee under the minimum wage law and who is an employee of any amusement or recreation business that is exempted from the provisions of the federal minimum wage law by operation of the provisions of 29 USC 213(a)(3) may be deemed by the employer to be a learner and apprentice for up to ninety (90) working days.
- (4) An employee is initially eligible to be paid the learner and apprentice rate established under 8 CSR 30-4.020(Z) until the employeehas been employed by the employer a cumulative total of the number of days authorized pursuant to sections (2) and (3) of this rule.
- (5) Individuals who, as of February 26, 1993, have been employed by their current employer for at least three (3) calendar months are ineligible for employment at the learner and apprentice rate by that employer.
- (6) An individual is eligible to be paid the learner and apprentice rate irrespective of the age of the individual, except that individuals shall not be eligible to be paid the learner and apprentice rate in any workweekin which they are employed in industries or occupations in which they cannot be employed legally because of their age as a result of any federal, state or local child labor law or ordinance.
(7) An employer who believes that a minimum of proficiency cannot be acquired by a learner and apprentice within three (3) months may file an application with the director to have the training period extended for up to six (6) months. The application shall be submitted on a form provided by the director and shall contain the following:
- (A) The name and business address of the employer;
- (B) A description of the goods and services produced by the employer;
- (C) A description of the occupation for which the learner and apprentice is being trained;
(D) A description of the training program; and
CODEOFSTATEREGULATIONS
- (E) ‘! s+ment of the proposed duratjon of t&th;;,nmg program, not to exceed SIX (6)
- (8) If an application under section (7) is approved by the director, a letter of approval shall be issued to the applicant. The letter of approval shall state the number of months that it shall be permissible to pay the learner and apprentice rate to individuals enrolled in the training program.
(9) The director may deny an application to extend the training program beyond the initial three (3) months if it is determined that a minimum of proficiency can be acquired in three (3) months, or that the application was filed solely for the purpose of evading the spirit and intent of the minimum wage law. Auth: sections 290.512, 290.515 and 290.517, RSMo. (Cum. Supp. 1990).* Original rule filed July22,1992, effectiue Feb. 26,1993. “Original azthority 1990.
(l/5/93) Roy D. Blunt swttay 0, stats 8CSR 30-4 , Jb STATE OF “ISYXRI
Roy El. Blunt (l/5/93) CODEOFSTATEREGULATIONS secmry 0, Eta 8 CSR 30-4-LABOR & IND.RELATlONS