Overtime Pay for Students: Understanding the Rules and Exceptions

Are students offered overtime pay at universities? This question often arises among students and their parents, particularly when students take on part-time jobs on campus or off. The answer depends on a variety of factors, including the specific work schedules, the applicable laws in the state or jurisdiction where the university is located, and the nature of the employment contract.

Understanding the Fair Labor Standards Act (FLSA)

The Fair Labor Standards Act (FLSA) [29 U.S.C. § 203 et seq.] is a federal law that sets minimum wage and overtime pay standards. Under the FLSA, employers must pay a 50% wage premium for each hour worked in excess of 40 hours in a single workweek. This 40-hour threshold is also known as the “overtime pay threshold”.

Most full-time students do not work over 40 hours in a single week. Therefore, in the United States, it would be very difficult for a full-time student to qualify for overtime premiums, as sufficient weekly hours are rarely met by the student's class and study commitments.

State-Specific Overtime Requirements

However, some states, such as California, have more stringent overtime pay requirements. California mandates payment of overtime for any hours worked over eight (8) hours in a single day or over 40 hours in a workweek. Therefore, if a student were to take on a job that requires them to work long hours, they might be entitled to overtime pay in California and other similarly stringent states.

For instance, if a student works as a tutor or a campus ambassador and their weekly schedule includes weekends, they may easily surpass the 40-hour threshold, making them eligible for overtime pay. This is particularly relevant in the summers when the demand for part-time jobs increases, and students are more likely to work longer hours.

Summer Employment Opportunities

During the summer months, many universities and local businesses hire students for a variety of positions. These jobs often require students to work more hours, making them more likely to qualify for overtime pay. Students working as research assistants, administrative support staff, or even as retail or food service workers in the surrounding areas may find themselves in a position to earn overtime pay.

For example, a student working as an intern at a local law firm during the summer may work more than 40 hours a week, and thus qualify for overtime pay according to the FLSA. Similarly, if a food service worker at the university dining hall is scheduled for more than 40 hours in a workweek, they would be entitled to overtime.

Conclusion

While it is rare for students to work enough hours to qualify for overtime pay during the academic year, the situation can change during the summer months. Furthermore, state-specific laws, such as those in California, can provide additional protections and benefits for students who work more than the standard 40-hour workweek. Understanding the laws and requirements can help ensure that students are fully compensated for their efforts and have the opportunity to earn a fair wage for any extra hours they work.

Keywords: overtime pay, students, work hours, university employment, Fair Labor Standards Act