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296-128-120  <<  296-128-125 >>   296-128-130

PDFWAC 296-128-125

Terms and conditions of employment under learner certificates.

(1) A learner certificate, if issued, shall specify, among other things:
(a) The number or proportion of learners authorized to be employed on any one day;
(b) The occupations in which learners may be employed;
(c) The subminimum wage rates permitted for each learner occupation during the authorized learning period; which shall not be less than eighty-five percent of the minimum wage specified in RCW 49.46.020, as it may be amended, unless otherwise specified in the certificate;
(d) The learning period for each authorized learner occupation;
(e) The effective and expiration dates of the certificate.
(2) A learner certificate may be issued for a period of not longer than one year. A renewal certificate will not be issued without a clear showing that conditions set forth in WAC 296-128-120 still prevail.
(3) Learners hired pursuant to a learner certificate prior to the date on which such certificate expires may be continued in employment at the authorized subminimum wage rate for the duration of their authorized learning period even though the certificate expired before the learning period is completed.
(4) A copy of the learner certificate shall be posted by the employer during its effective period in a conspicuous place in the department where learners are to be employed.
(5) No learner shall be hired under a learner certificate if, at the time the employment begins, experienced workers capable of equaling the performance of a worker of minimum acceptable skill are available for employment.
(6) No learner shall be hired under a learner certificate while abnormal labor conditions exist such as a strike, lock-out, or other similar conditions in the place of business for which a learner certificate has been issued.
(7) The number of hours of previous employment in a learner occupation for which the learner has been hired must be deducted from the authorized learning period if within the three years immediately preceding the hiring of such learner he has been employed in the learner occupation for less than the total number of hours authorized as a learning period and shall also be deducted from the authorized learning period all hours spent in pertinent training in a vocational training school on the occupation for which the learner has been employed.
(8) No provision of any learner certificate will excuse noncompliance with higher standards applicable to learners which may be established under any other state law, federal law, or trade union agreement.
(9) Unless otherwise specified in the learner certificate a learning program shall not exceed four hundred eighty hours of employment and the total hours worked in any establishment by learners shall not exceed ten percent of the total hours normally worked by experienced workers in such establishment: Provided, That where less than ten experienced workers are employed by an employer a learner certificate may authorize the employment of learners for a maximum of forty hours per week under a bona fide learner program.
[ยง 6, Regulation 294.6.003, filed 3/23/60.]
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