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FLSA Fair Labor Standards Act – FAQ’s

The Division of Human Resources works with departments to ensure that students are hired in compliance with University policies and procedures as well as with FLSA, Fair Labor Standards Act regulations. All student workers are considered employees of the University and are subject to the same rights and responsibilities as all other employees. 
 
Student employees are considered at-will employees, and their employment is temporary and incidental to the pursuit of a degree or certification. Those individuals that do not meet the definition of a student employee must be hired through a Temporary Appointment.
 
For more detailed information regarding all FLSA regulations, please visit Compensation FLSA
 
How many hours a week can a student employee work?
In order for students to take advantage of the “IRS” Student FICA Exception Standards, and as an International Student, the student can only work a maximum of 20 hours per week. However, during semester breaks students can work up to 30 hours per week and still retain their exception status. 
 
Can a student employee work beyond 20 hours a week?
A student who is not an International Student may choose to waive this exception and seek a job opportunity through a “Temporary Appointment”.
 
How do I know if an assignment is exempt or non-exempt?
Very specific criteria must be met for a position to be designated as exempt. If the criteria, or tests, cannot be met then the position is non-exempt. Here are some of the main criteria or tests:
 
If the position is teaching or conducting research in chosen field of study, the position is exempt. This applies to Adjuncts and Teaching/Research Assistants.
 
If the position has a total salary of not less than $455 per week the position may be exempt; however, additional criteria must be met.
 
If the salary requirement is met there are a variety of other criteria that may dictate whether a position is exempt or non-exempt. Please visit (redirect to Compensation) for detailed information.
 
Do non-exempt employees complete a timesheet?
All student employees on non-exempt positions will receive access to “Timesaver” to report hours worked. After their Sign-On packet has been processed, the HR Liaison will be contacted by a representative of Payroll and provided with a username and password. 
 
Since exempt employees are paid on a Bi-Weekly basis, they are not required to interact with the “PantherSoft HR Timesheet” system.
 
As a non-exempt employee, the employee would enter their start time and end time for each day worked. If an employee on a temporary appointment works through their lunch period, the manager must adjust their time.
 
Supervisors must approve employee time by 2:00 p.m. the Friday of payroll closing week via PSHR. You may access schedule on the Payroll calendar Schedule.
 
Does the University initiate background checks on students?
Background checks on student employees are conducted if the job description requires the following:
  • Work with minors
  • Handle cash or credit card transactions
  • Performs IT related functions. 
Can an International Student work without having been issued a Social Security Number from the Social Security Administration? 
An International Student who has not been issued a Social Security Number may not begin working until they receive a SSN but can apply to any “Student Assistant” posting on the Careers site. If selected as a finalist, it is the responsibility of the student to immediately initiate the process for securing a SSN. 
 
Can a department hire a student who is under the age of 18?
Yes.
Does a student employee who is a minor complete the same sign on packet as one who is of legal age?
A student employee who is a minor can complete the same New Employee Sign On packet, however, there are certain forms in the packet that will need to be signed by a Parent or Guardian. The department should schedule to meet with an HR representative to review contents of sign on packet before turning it in to HR. 
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