Yes, under certain conditions college students can be paid less than minimum wage, such as if the students are participating in a work-study program or if the employer qualifies for specific exemptions to minimum wage laws.
Detailed response question
Yes, under certain circumstances, college students can be paid less than minimum wage. According to the Fair Labor Standards Act (FLSA), which sets national minimum wage and overtime rules, there are specific exemptions in place for certain types of workers, including college students.
One exemption applies to students who are enrolled in work-study programs. These programs are designed to help students pay for college by providing them with part-time jobs on or off campus. In these cases, the student’s employment is considered educational in nature, and the FLSA allows for a lower minimum wage to be paid.
Another exemption applies to employers who qualify for the FLSA’s “youth minimum wage” provision. This provision allows for certain employers to pay workers who are under the age of 20 a lower minimum wage for the first 90 calendar days of their employment. However, this provision only applies to non-tipped employees, and the lower minimum wage cannot be less than $4.25 per hour.
It’s important to note that these exemptions only apply in certain situations, and employers who wish to pay less than minimum wage must meet specific criteria. In addition, there are state-specific minimum wage laws that may differ from the federal laws. Therefore, it’s important for both employers and employees to understand their rights and obligations under the law.
As Charles M. Blow, an American journalist and commentator, said, “A minimum wage that is not a livable wage is not a minimum wage at all.” While college students may be exempt from certain minimum wage laws, it’s crucial that employers pay them a fair wage that allows them to support themselves and their education.
Interesting facts on the topic:
- The federal minimum wage in the United States is $7.25 per hour, but some states have set their own minimum wages that are higher than the federal level.
- The FLSA was created in 1938 and established the first minimum wage and overtime laws in the United States.
- The youth minimum wage provision was added to the FLSA in 1996 as part of the Small Business Job Protection Act.
- Work-study programs have been around for over 50 years and were first established as part of the Higher Education Act of 1965.
- According to the National Center for Education Statistics, over 3.5 million students participated in work-study programs in the 2016-2017 academic year.
Table:
| Exemption | Criteria |
|---|---|
| Work-study program | Employer must be approved by the U.S. Department of Education for participation in the program. |
| Youth minimum wage | Employee must be under 20 years of age and employed for the first 90 days. The lower minimum wage cannot be less than $4.25 per hour. |
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Simone Barron, a former server in Seattle, explains in a Prager University video how the 2015 $15 minimum wage hike negatively impacted her livelihood and colleagues in the restaurant industry. Despite her job dedication and excellent service, she had to take on a second job, experienced a loss of tips, and saw her job prospects diminish as restaurants reduced staff or closed down. Barron emphasizes that raising the minimum wage may seem like the right thing to do, but in reality, it has dire consequences for low-wage workers and small business owners.
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The Full-time Student Program is for full-time students employed in retail or service stores, agriculture, or colleges and universities. The employer that hires students can obtain a certificate from the Department of Labor which allows the student to be paid not less than 85% of the minimum wage.
Nonprofit educational organizations, including colleges and universities, can apply for a certificate from the Department of Labor to hire student workers for significantly less than minimum wage under the Federal Fair Labor Standards Act (FLSA). The FLSA authorizes the payment of subminimum wages to a student-learner after the employer has applied for an authorizing certificate from the U. S. Department of Labor. Certain employers, including colleges and universities, are permitted to pay full-time students as little as 85% of the minimum wage as long as they are registered students.
In fact, a provision under the Federal Fair Labor Standards Act (FLSA) allows nonprofit educational organizations to apply for a certificate from the Department of Labor in order to hire student workers for significantly less than minimum wage — a law that many universities employ to its fullest.
Certain employers, including retail or service stores, agriculture, or colleges and universities, are permitted to pay full time students as little as 85% of the minimum wage as long as they are registered students (the business must get a certificate allowing them to do so from the Department of Labor under the "Full-Time Student Program").
The employer that hires the student can obtain a certificate from the Department of Labor which allows the student to be paid not less than 75% of the minimum wage, for as long as the student is enrolled in the vocational education program.
Student Learners: Section 14 (a) of the Fair Labor Standards Act (FLSA) authorizes the payment of subminimum wages – at rates not less than 75 percent of the applicable minimum wage under section 6 (a) of the FLSA – to a student-learner after the employer has applied for an authorizing certificate from the U. S. Department of Labor.
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Keeping this in consideration, Why can colleges pay students less than minimum wage? In fact, a provision under the Federal Fair Labor Standards Act (FLSA) allows nonprofit educational organizations to apply for a certificate from the Department of Labor in order to hire student workers for significantly less than minimum wage — a law that many universities employ to its fullest.
Do college students get paid minimum wage?
Answer to this: California Minimum Wage Exemptions
California Student Minimum Wage – $13.18 – Full-time high school or college students who work part-time may be paid 85% of the California minimum wage (as little as $13.18 per hour) for up to 20 hours of work per week at certain employers (such as work-study programs at universities).
Moreover, How does increasing the minimum wage affect employment of college students? Answer: As minimum wage hikes may increase competition in the labor market, students already enrolled in community college are less likely to drop out, and workers who separate from their job are more likely to return to community college to advance their studies.
Also Know, What happens if state minimum wage is lower than federal? In reply to that: What about if the local minimum wage is lower than the federal? If the state or local minimum wage is lower than the federal minimum wage, you must pay your employees at least the federal minimum wage rate.
Simply so, Can students be paid less than minimum wage?
The Fair Labor Standards Act sets the nationwide minimum wage for most employees, but some workers, such as student learners, can be paid less if certain conditions are met. Know the Law Before Paying Students Less Than Minimum Wage
Also question is, Can a business pay a full time student? Answer: Certain employers, including retail or service stores, agriculture, or colleges and universities, are permitted to pay full time students as little as 85% of the minimum wage as long as they are registered students (the business must get a certificate allowing them to do so from the Department of Labor under the "Full-Time Student Program").
Keeping this in view, Will a $15 minimum wage help students pursuing internships? The reply will be: She hopes that the movement for a $15 minimum wage will also help students pursuing internships to set themselves up for success after graduation. Under the Fair Labor Standards Act, interns who qualify as paid employees are entitled to earning the minimum wage. A higher minimum wage could also help some college students enter the workforce.
Correspondingly, Is paying a subminimum wage legal?
In reply to that: When the worker graduates or stops receiving instruction, paying a subminimum wage is no longer legal, Paul said. Some states don’t allow employers to pay subminimum wages at all, and even some states that do permit subminimum wages have higher minimum wage rates than under federal law.
In this way, Can students be paid less than minimum wage? Response: The Fair Labor Standards Act sets the nationwide minimum wage for most employees, but some workers, such as student learners, can be paid less if certain conditions are met. Know the Law Before Paying Students Less Than Minimum Wage
Herein, Can a business pay a full time student?
The answer is: Certain employers, including retail or service stores, agriculture, or colleges and universities, are permitted to pay full time students as little as 85% of the minimum wage as long as they are registered students (the business must get a certificate allowing them to do so from the Department of Labor under the "Full-Time Student Program").
Will a $15 minimum wage help students pursuing internships?
She hopes that the movement for a $15 minimum wage will also help students pursuing internships to set themselves up for success after graduation. Under the Fair Labor Standards Act, interns who qualify as paid employees are entitled to earning the minimum wage. A higher minimum wage could also help some college students enter the workforce.
Also to know is, Is paying a subminimum wage legal?
Answer to this: When the worker graduates or stops receiving instruction, paying a subminimum wage is no longer legal, Paul said. Some states don’t allow employers to pay subminimum wages at all, and even some states that do permit subminimum wages have higher minimum wage rates than under federal law.