Unpaid Wages, Discrimination
Learn how student worker rights employment protects pay, hours, and discrimination claims—covering work study pay rights, campus job wage rules, unpaid student worker claim steps, and student employee discrimination rights. Get a clear checklist, reporting timeline, and recovery options so you can document issues, escalate internally, and file with labor or EEOC agencies.
Estimated reading time: 16 minutes
Key Takeaways
Student worker rights employment covers pay, hours, classification, and discrimination protections for student workers in work-study, campus jobs, internships, and off-campus roles.
Most student hourly workers are non-exempt employees entitled to at least the higher of federal or state minimum wage and, when applicable, overtime under the Fair Labor Standards Act.
Work-study students must be paid for all hours worked, have accurate time records, and typically face ~20 hours/week limits during academic terms to protect academics (verify your campus policy).
Discrimination rules protect student employees based on race, color, national origin, sex, religion, disability, age, and other protected classes; Title IX may also apply to sex-based misconduct on campus.
If pay is withheld or discrimination occurs, document everything, report internally, and escalate to your state labor agency, the U.S. Department of Labor’s Wage and Hour Division, or the EEOC within strict deadlines.
Table of Contents
Introduction
Who this guide is for
Types of Student Employment
Work‑study positions
Campus (institutional) hourly jobs
Internships (paid and unpaid)
Off‑campus part‑time jobs
Legal Framework: Federal and State Laws that Protect Student Workers
Work‑Study Pay Rights & Protections
Campus Job Wage Rules
Student Employee Discrimination Rights
Unpaid Student Worker Claims: When and How They Arise
Step‑by‑Step: How to Report Wage or Discrimination Violations
What Remedies Look Like
Sample FAQ / Quick Answers
Conclusion
FAQ
Do student workers get overtime?
Can my work‑study award be used to pay me less?
Is unpaid campus work legal?
How fast should I act if I have unpaid wages?
What if I’m a minor—do child labor rules apply?
Introduction
Student worker rights employment means the full set of legal protections and entitlements that apply to students who perform paid work — on campus or off, in work‑study programs, hourly campus jobs, internships, or part‑time community employment — including rules on pay, hours, classification, and protection from discrimination. These protections include the federal baseline under the Fair Labor Standards Act and special rules for Federal Work‑Study placements and campus employment.
This matters to students and parents because it safeguards budgets, helps balance academics with work, and ensures clear legal protection when problems arise. In this guide, you will learn pay rules, hour limits, employee vs. intern classification, discrimination protections, and how to report unpaid wage or discrimination issues.
Who this guide is for
Students (undergrad and grad), parents, student employees, campus HR staff, and student advocates — anyone who needs a plain‑English roadmap to student worker rights employment and how to act quickly if pay or discrimination issues occur.
Types of Student Employment
Student work falls into several common categories. Understanding your category helps you apply the correct rules and choose the right reporting path if something goes wrong.
Work‑study positions
Define as federally or state-funded paid roles awarded based on financial need; earnings are paid directly to students and cannot exceed award amounts. Work‑study is administered through the Federal Work‑Study program. Campus policies commonly limit work‑study to ~20 hours/week while classes are in session and allow more hours during breaks (verify your campus policy). Because these are paid roles, work study pay rights and work study employment protections apply — including accurate timekeeping and timely pay at legal wage rates.
Example: A financial-aid–funded library attendant logs 12 hours per week during the semester and 30 hours during winter break, ensuring total earnings do not exceed the award.
Campus (institutional) hourly jobs
Paid by the school (not through FWS); includes library assistants, dining staff, and residence life roles. The employer is the institution, and the FLSA and state wage laws apply. These positions are generally non‑exempt and subject to campus job wage rules on minimum wage, overtime, and recordkeeping, regardless of whether the job is arranged by financial aid or HR.
Example: A dining hall cashier hired by university dining services is paid hourly, punches in/out, and receives overtime if they exceed weekly limits during holiday events.
Internships (paid and unpaid)
Unpaid internships are only lawful if they meet the U.S. Department of Labor’s FLSA internship criteria emphasizing educational benefit to the student (not the employer) and that interns do not replace paid staff. If the test is not met, an unpaid student worker claim may exist and campus job wage rules will require pay at least at the applicable minimum wage.
Example: A student receives academic credit and supervised training on a defined curriculum that does not displace employees; contrast with a marketing “intern” who handles normal staff workloads without pay — often unlawful.
For a deeper look at internship legality and options to enforce your rights, see our guide to unpaid internship rights.
Off‑campus part‑time jobs
Private employers must follow the FLSA and state law regardless of student status. That includes minimum wage, overtime for eligible workers, and accurate timekeeping. Students cannot be asked to “volunteer” work for a for‑profit employer that should be paid.
Example: A tutoring center hires students as hourly employees; the center must pay for all hours worked and cannot force off‑the‑clock prep or cleanup time.
Legal Framework: Federal and State Laws that Protect Student Workers
The rules that protect student workers come from several sources and agencies. Knowing who does what helps you report problems quickly and effectively.
FLSA basics. The Fair Labor Standards Act (FLSA) provides the federal baseline for minimum wage, overtime, and recordkeeping for employees; most student hourly workers are non‑exempt employees under FLSA.
Federal Work‑Study. The Federal Work‑Study program subsidizes eligible student wages. Institutions administer awards, track available funds, and set practical hour limits consistent with aid rules and academic progress (verify with your financial aid office).
Discrimination laws. Employment discrimination protections (Title VII, the Americans with Disabilities Act, and related laws) are enforced by the Equal Employment Opportunity Commission (EEOC). Student employees are covered when they function as employees (paid, supervised, scheduled), and the same anti‑retaliation rules apply.
Title IX for sex discrimination. Title IX addresses sex discrimination in educational programs. Student employees may have overlapping remedies: employment rights through EEOC processes and educational rights through the university’s Title IX system overseen by the U.S. Department of Education’s Office for Civil Rights (OCR).
State law variability. State minimum wage, overtime rules, and complaint procedures can be more protective than federal law. Always check your state’s labor department or the state minimum wage overview to confirm your local rules, which may raise wage floors and expand remedies.
For broader context on discrimination protections and how claims work, you can review our primer on workplace discrimination laws.
Work‑Study Pay Rights & Protections
“Work study pay rights” means the right of work‑study students to be paid for hours actually worked at rates at or above applicable minimum wages, to receive pay on a regular schedule, and to have hours accurately recorded. These are work study employment protections that apply because work‑study roles are paid jobs, not volunteer roles.
Minimum wage rule. Work‑study wages must meet the higher of federal or state minimum wage. Review the FLSA baseline and your state’s rate using the state minimum wage overview. Universities may choose to pay more to stay competitive, but they cannot pay less than the legal floor.
Hour limits. Schools commonly limit work‑study to about 20 hours per week during semesters to protect academic progress; more hours are typically permitted during scheduled breaks. Always verify your institution’s policy and available award balance through the Federal Work‑Study program guidance and financial aid office.
Pay calculation and timing. Students must be paid for hours worked. Your wages should be reflected on pay stubs and year‑end W‑2 forms (taxable wages). If a campus withholds pay, manipulates time entries, or refuses to pay mandatory training, that may form the basis of an unpaid student worker claim. You can contact the U.S. Department of Labor’s Wage and Hour Division using the local office finder for help recovering back wages.
Job duties and permissible placements. Work‑study jobs should provide educationally beneficial experience or public service and cannot be used to displace regular employees. See program parameters on the Federal Work‑Study page and ask your campus whether your role aligns with those expectations.
Common scenarios.
Off‑the‑clock work: A supervisor tells a work‑study student to arrive 30 minutes early to set up “off the clock.” This violates work study pay rights — all pre‑shift setup time must be recorded and paid.
Break‑period overtime: A student works 45 hours during spring break due to a special event and is paid straight time for all hours. If the role is non‑exempt, overtime at 1.5x the regular rate is due for hours over 40 in the workweek under the FLSA.
Unpaid mandatory training: A department requires two hours of safety training and says “it’s part of being a student here.” If the training is job‑related and mandatory, it generally must be paid.
If you think you were not paid overtime during busy periods or breaks, learn how to spot and recover pay in our guide to unpaid overtime laws.
Campus Job Wage Rules
Campus jobs must follow the same core wage-and-hour rules as other non‑exempt employment. Misunderstandings can lead to underpayment. Here is what applies and the myths to avoid.
Minimum wage compliance. All campus jobs must meet at least the federal or applicable state minimum wage. Some universities voluntarily pay more, but they cannot pay less than the legal minimum documented on the state minimum wage overview.
Overtime eligibility. Employees (including most student employees) who work over 40 hours in a single workweek are entitled to overtime at 1.5x unless a specific exemption applies. See the Department of Labor’s overtime rules. Campus schedules rarely exceed 40 hours during classes, but during breaks or major events overtime can be triggered.
Common exemptions explained. The FLSA’s white‑collar exemptions (executive, administrative, professional) have strict duty and salary‑basis tests that most student hourly roles (library aides, dining staff, ushers, desk attendants) do not meet. If you are paid hourly and supervised on routine tasks, you are likely non‑exempt. For broader classification context, see our plain‑English guide to exempt vs nonexempt employee rights.
Unpaid internships and volunteer roles. Unpaid internships are lawful only if they meet the DOL’s internship guidance (Fact Sheet #71), which centers on educational benefit for the intern and not replacing paid staff. Routine “volunteer” work for a for‑profit employer is not allowed. True volunteer roles are narrow (e.g., charitable organizations) and cannot displace employees.
Myth to dismiss. Being a student or being paid through the financial aid office does not automatically make work unpaid or exempt from wage laws. The FLSA and state rules still apply, and time worked must be recorded and paid. If you need to pursue a wage claim, see our step‑by‑step on how to file a wage claim.
Student Employee Discrimination Rights
Student employee discrimination rights protect student workers from adverse employment actions (hiring, firing, pay, assignments, promotions, disciplinary action) based on protected classes: race, color, national origin, sex (including sexual harassment), religion, disability, age, and other protected categories. These laws are enforced by the EEOC and state fair employment agencies, and anti‑retaliation rules protect you when you speak up.
Title IX intersection. If the adverse action involves sex discrimination or sexual harassment tied to your work on campus, Title IX may also apply. Universities have separate Title IX procedures coordinated with the U.S. Department of Education’s Office for Civil Rights (OCR). You can pursue both employment and Title IX remedies depending on the facts.
Examples to watch. Common red flags include pay disparity for similarly situated student workers, assignment of undesirable shifts based on race or sex, harassment by supervisors, and denial of training or promotion because of disability. Patterns in scheduling, evaluations, or discipline are especially important to track.
Evidence steps. Document dates, witnesses, emails/texts, schedules, pay stubs, and job descriptions. Save contemporaneous notes. For wage proof, keep copies of pay stubs and consider your state’s rules on wage statements in our guide to paystub laws by state. For an overview of how discrimination claims proceed from incident through investigation, review our resource on reporting workplace discrimination.
Remedies and filing. You can report to university HR/Equal Opportunity offices and may file a charge with the EEOC or a state fair employment agency. EEOC charge deadlines are typically 180 days (300 in many states). See the EEOC’s instructions for submitting a charge of discrimination at how to file an EEOC charge.
Unpaid Student Worker Claims: When and How They Arise
Define an unpaid student worker claim as a legal claim that a student employee was not paid for hours worked, was paid less than minimum wage, or was denied overtime pay in violation of federal or state law. These claims are common when timekeeping is lax, supervisors discourage reporting all hours, or internships are misclassified as unpaid.
Legal conditions (when a claim likely exists):
Statute of limitations & damages. Under the FLSA, the statute of limitations is generally 2 years, or 3 years if willful non‑payment is alleged. Remedies can include back pay and liquidated damages (often doubling the unpaid wages), plus attorney’s fees in many cases. State law can add interest and penalties.
Evidence checklist for an unpaid claim:
Detailed timesheets or records of hours (electronic or handwritten).
Pay stubs, bank deposit records, and W‑2/W‑4 if available.
Job description or posting showing duties and expected hours.
Emails/text messages scheduling work or confirming assignments.
Witness names/contact info (co‑workers, supervisors).
Any university policy manuals or FWS award letters showing limits.
If you are unsure how to start, our comprehensive tutorial on filing a wage claim walks through evidence, deadlines, and where to submit a complaint.
Step‑by‑Step: How to Report Wage or Discrimination Violations
The fastest way to protect your rights is to follow a clear timeline. Start documenting immediately, try internal escalation, and then use state or federal agencies if needed.
Step 1 — Immediate documentation: Collect everything on the evidence checklist above. Take screenshots with timestamps. Save emails, text threads, schedules, and clock‑in/clock‑out records. Back up files to a personal device or cloud folder you control.
Step 2 — Internal report to supervisor & HR/EO office: Send a concise written report to your supervisor and HR/Equal Opportunity office (cc yourself) with date/time details, summary of facts, and requested remedy (e.g., back pay for X hours). Use this copy‑and‑paste start:
Subject: Pay dispute: unpaid hours on [dates] — request for review
Body start: I am writing to report that I worked [X hours] on [dates] in my role as [job title] and have not received payment for those hours. I have attached my timesheets and relevant emails and request an investigation and back pay for the unpaid hours.
Using terms like unpaid student worker claim and work study pay rights in your message can help HR route it appropriately.
Step 3 — If internal response is unsatisfactory: File with your state labor office or the U.S. Department of Labor’s Wage & Hour Division (WHD). Use the DOL local office finder and review WHD’s guidance at the WHD homepage. When filing with DOL, include dates, job title, employer name and address, hourly rate claimed, number of unpaid hours, copies of documentation, and your contact information. DOL may interview you and your employer and can seek back wages and liquidated damages. If your case involves unpaid overtime, our overview of recovering unpaid overtime may also help you prepare.
Step 4 — For discrimination claims: File with your university EO office and the EEOC (or your state fair employment agency). The EEOC’s filing portal and instructions are here: how to file an EEOC charge. Deadlines are typically 180 days (300 days in many states). For a practical walk‑through of the process, see our guide to filing a complaint with the EEOC.
Step 5 — For Title IX sex discrimination/harassment: Report to your university Title IX coordinator and, if needed, the U.S. Department of Education’s Office for Civil Rights (OCR). Title IX and EEOC pathways can run in parallel.
Step 6 — Seek legal help if necessary: Contact campus legal aid clinics, local legal aid organizations through the Legal Services Corporation, policy and worker‑rights resources from the National Employment Law Project, or private employment attorneys experienced in wage and discrimination cases.
Suggested timeline:
Day 0–7: Collect evidence; try an informal resolution with your supervisor.
Day 7–30: File a written internal complaint; escalate to HR/EO if needed.
After 30 days: If unresolved, file with your state labor office or DOL WHD for wage issues; for discrimination, file with EEOC/state agency (observe the 180/300‑day deadline).
What Remedies Look Like
Understanding realistic outcomes helps you plan and set expectations.
Unpaid wage claims. Remedies can include back pay for unpaid hours, liquidated damages (often doubling the unpaid amount), interest, and injunctive relief to stop ongoing violations under the FLSA. In some states, additional penalties and attorneys’ fees may apply.
Discrimination claims. Depending on the statute and facts, remedies can include reinstatement, back pay, compensatory and punitive damages, and corrective action by the employer/university. See the EEOC for typical remedies and processes.
Work‑study specific remedies. Universities often adjust awards, correct time records, and pay back wages from institutional funds or FWS allocations where appropriate. Coordinate with your financial aid office and review the Federal Work‑Study guidance for program‑rule considerations.
To understand how wage claims move from complaint to recovery, see our practical guide on filing a wage claim.
Sample FAQ / Quick Answers
Am I entitled to overtime as a student worker? Yes — if you are non‑exempt and work more than 40 hours in a workweek, you are generally owed 1.5x overtime. Review the DOL’s overtime rules.
Can my work‑study award be used to pay me less? No. The award subsidizes wages, but you must still be paid at least the applicable minimum wage set by the FWS program and your state’s minimum wage.
Is unpaid campus work legal? Only if it qualifies as a lawful unpaid internship or true volunteer role that does not displace paid employees under the DOL’s internship test. Otherwise, you should be paid.
What if I’m told to arrive early to “help” but not clock in? Off‑the‑clock work that is required or integral to your job is compensable time. That is a common basis for an unpaid student worker claim.
Can minors work on campus? Yes, but additional youth labor rules may apply. For an overview of protections and limits, see our guide to child labor laws for minors working.
Conclusion
Student worker rights employment protects pay, hours, and fair treatment for students in work‑study, campus jobs, internships, and off‑campus work. If you suspect a violation — document everything, raise the issue internally, and file with your state labor office or the DOL (for wages) or the EEOC (for discrimination).
Save the evidence checklist, check your institution’s student employment policy, and contact the DOL Wage & Hour Division or EEOC if needed. Learn the federal baseline under the FLSA, review how the Federal Work‑Study program shapes pay and hours, and follow EEOC’s steps to file a charge using official filing information. When in doubt, act quickly, preserve proof, and escalate before deadlines run out. Ground your requests in the core principles of campus job wage rules and work study pay rights so your concerns are taken seriously and corrected fast.
Need help now? Get a free and instant case evaluation by US Employment Lawyers. See if your case qualifies within 30-seconds at https://usemploymentlawyers.com.
FAQ
Do student workers get overtime?
Most student hourly roles are non‑exempt, so if you work more than 40 hours in a workweek you are generally owed 1.5x pay for those hours under the FLSA. See DOL’s overtime rules and note some states have more protective thresholds.
Can my work‑study award be used to pay me less?
No. The award is financial aid that helps subsidize wages, but you must still earn at least the higher of the federal or state minimum wage. Confirm your state’s rate using the DOL’s state minimum wage overview and review the FWS program basics.
Is unpaid campus work legal?
Only if it is a lawful unpaid internship or a true volunteer role that does not replace paid staff and meets the DOL’s internship test. Otherwise, time worked should be recorded and paid. If you were denied pay for hours worked, start an unpaid wages claim promptly.
How fast should I act if I have unpaid wages?
Immediately. Under the FLSA, you typically have 2 years (3 years for willful violations) to recover unpaid wages, but waiting risks lost evidence and missed state deadlines. Document your hours, inform HR, then contact the DOL’s Wage & Hour Division if internal steps fail.
What if I’m a minor—do child labor rules apply?
Yes. Youth employment laws restrict the hours, tasks, and times of day minors can work. Schools and employers must follow those rules in addition to wage laws. For a practical overview, see our resource on child labor laws for minors working.
