The Division maintains a facebook page for teens called Hawaii Teens at Work as a form of outreach. The people that connect with the page are both teens and parents. The question "what is the student-worker wage rate?" was presented this week and presents some interesting issues.
The topic of a student-worker wage rate has not been a pressing concern in recent times because for so long there was drought of labor. During the last two to three years we've watched the job market dry up, especially for teens. Looking through the old Hawaii Administrative Rule publications the Wage Standards Division has a publication under Title 12, Chapter 20, Subchapter 4, Employment of Student-Workers. These are rules enacted under the authority of the Wage and Hour Law, Chapter 387, Hawaii Revised Statutes. The rules provide that full-time students working part-time (no more than 4 hours a day, or 8 hours on a non-school day, and not more than 25 hours a week) can be paid 85% of the minimum wage if the employer applies for a certificate and the Director of Labor issues it prior to the student-worker working for the special minimum wage.
Special minimum wage certificates are good for only a year and have to be re-applied for on annual basis. The Hawaii Teens at Work inquiry appeared to be looking for an advantage to offer potential employers to hire students by paying a lower wage. What employer wouldn't want that for any entry-level position. While issuing student workers a special minimum wage is not de rigueur for this office, the Hawaii state law does allow it.
Alas, since the federal government has raised the federal minimum wage to $7.25, any special minimum wage (or sub-minimum wage in federal terms) may run afoul of the Fair Labor Standards Act (FLSA). Employers and employees should be aware of this potential pitfall and check with the local US DOL Wage and Hour division at 541-1361
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