Can my retail job pay me less because I am a full-time student?
The situation
I am currently working a part-time job at a local clothing boutique in Ohio, and I have been there since the beginning of January. I am also a full-time student at the local community college, so I thought I would be getting the standard minimum wage. However, when I received my first paycheck last Friday, I noticed that my hourly rate was significantly lower than the official state minimum wage. When I went to my manager to ask about it, she told me that because I am a full-time student and we are a retail establishment, the company is allowed to pay me a lower percentage of the regular wage as long as it stays above a certain amount. She mentioned there are specific rules about how many students can work there at once compared to the rest of the staff, but I didn't really understand what she meant. I already checked the state's basic minimum wage website, but it doesn't seem to mention anything about student discounts on pay. I am confused about whether it is actually legal for them to pay me a lower rate just because of my student status and if there is a limit on how many of my coworkers can also be on this lower pay scale.
Quick Summary
It depends on whether your employer has obtained a special certificate from the Secretary of Labor. If they have this certificate, they may be allowed to pay you a lower rate, but only if they follow specific rules regarding your hours and the number of students employed.
Detailed Analysis
Statutory Citations
Legal Citation: Fair Labor Standards Act of 1938 § 29 U.S.C. § 214 — Employment under special certificates
"the Secretary... shall... provide, in accordance with subparagraph (B), for the employment, at a wage rate not less than 85 per centum of the otherwise applicable wage rate in effect under section 206 of this title or not less than $1.60 an hour, whichever is the higher, of full-time students"View Official Legislation →
Legal Citation: Fair Labor Standards Act of 1938 § 29 U.S.C. § 214 — Employment under special certificates
"the proportion of student hours of employment to the total hours of employment of all employees in such establishment... may not exceed... a proportion equal to one-tenth of the total hours of employment of all employees"View Official Legislation →
Legal Citation: Fair Labor Standards Act of 1938 § 29 U.S.C. § 215 — Prohibited acts; prima facie evidence
"it shall be unlawful... (2) to violate any of the provisions of section 206 or section 207 of this title , or any of the provisions of any regulation or order of the Secretary issued under section 214 of this title"View Official Legislation →
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General legal information, not formal legal advice. The information provided on LawAsked does not constitute formal legal advice and creates no attorney-client relationship. If you require legal assistance, please consult a licensed attorney in your jurisdiction.
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