Instructions for Forms WH-200, WH-201, and WH-202

The Payment of Subminimum Wages to Full-Time Students Under Section 14(b) of the Fair Labor Standards Act

Section 14(b) of the Fair Labor Standards Act (FLSA) authorizes certain types of employers to pay subminimum wages – wages less than the Federal minimum wage – to full-time students, but only after applying for and receiving a certificate from the U. S. Department of Labor.

A full-time student, for purposes of this limited exception, is a student who receives primarily daytime instruction at the physical location of a bona fide educational institution, in accordance with the institution’s accepted definition of a full-time student. A full-time student retains that status during the student’s holiday recess, summer, and other vacations if local law requires attendance at the end of the vacation period. If attendance is not mandatory, full-time student status is determined by the student’s intention stated to the employer. A student who has graduated from high school and informs the employer of plans to attend a college or university on a full-time basis at the end of the vacation period may be presumed to be a full-time student.

Full-time students may be employed under the subminimum wage provisions of Section 14(b) in retail or service establishments or in agriculture. An institution of higher education may also employ its full-time students at subminimum wages after making proper application. Such employment is permitted to the extent necessary in order to prevent the curtailment of opportunities for employment of full-time students.

Employers with proper certification may pay full-time students 85 percent of the applicable statutory minimum wage. The current minimum wage is $5.15 per hour, therefore, full-time students employed under Section 14(b) must receive at least $4.38 per hour. There are restrictions of the number of hours that an individual full-time student may be employed at subminimum wages.

There are three different kinds of applications that may be used to apply for authority to pay full-time students subminimum wages under Section 14(b):

Completed applications should be forwarded to:

U. S. Department of Labor
Employment Standards Administration
Wage and Hour Division
attn: FTS certification
525 Griffin Street. Room 800
Dallas, Texas 75202
Phone: 1-866-4-USWAGE (1-866-487-9243)
 

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