FEDERAL WORK STUDY EMPLOYMENT CONDITIONS AND LIMITATIONS

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Volume 6 - Federal Work-Study, 2003-2004 

The provisions below apply to all work under Federal Work-Study, whether on or off campus: 

Federal Work-Study employment must be governed by employment conditions, including pay, that are appropriate and reasonable according to the type of work performed, the geographic region, the employee's proficiency, and any applicable federal, state, or local law.

Federal Work-Study employers must pay students at least the federal minimum wage in effect at the time of employment ($5.85 effective July 24, 2007). The Small Business Job Protection Act of 1996 established a sub-minimum, or training, wage that is lower than the minimum wage. However, it is not permissible to pay the sub-minimum wage rate to students in Federal Work-Study jobs. 

Federal Work-Study employment must not displace employees (including those on strike) or impair existing service contracts. Also, if the school has an employment agreement with an organization in the private sector, the organization's employees must not be replaced with Federal Work-Study students.  Replacement is interpreted as displacement. 

Federal Work-Study positions must not involve constructing, operating, or maintaining any part of a building used for religious worship or sectarian instruction. In determining whether any Federal Work-Study employment will violate this restriction, a school should consider the purpose of the part of the facility in which the work will take place and the nature of the work to be performed. If the part of the facility in which the student will work is used for religious worship or sectarian instruction, the work cannot involve construction, operation, or maintenance responsibilities. If that part of the facility is not being used for religious worship or sectarian instruction, the school should make sure that any work the student will perform meets general employment conditions and that other limitations are not violated. 

Neither a school nor an outside employer that has an agreement with the school to hire Federal Work-Study students may solicit, accept, or permit soliciting any fee, commission, contribution, or gift as a condition for a student's Federal Work-Study employment. 

Posting a Work-Study Position

Restrictions

1. A Work-Study position cannot require the student to work more than 20 hours per week . Any job posting which requires greater than 20 hours per week will be removed from the job list.
2. Work-Study students must be paid an hourly rate. A work-study student cannot be paid by commission, fee or salary. Any posted jobs that list these types of compensation will be removed.
3. Work-Study students cannot fill any job that involves:
4. 1. Work as a political aide;
   2. Partisan or non-partisan political activity;
   3. Association with a faction in an election for public office;
   4. Lobbying;
   5. The primary benefit of members of a limited membership organization (e.g. credit union, fraternal/religious order, cooperative); or
   6. The construction, operation, or maintenance of any part of a facility used for religious worship or sectarian instruction.
5. Work-Study Students cannot be hired in position that would:
6. 1. Impair existing contracts;
   2. Displace regular employees; or
   3. Fill jobs that are vacant because of a strike.

Suggestion:

We strongly suggest that you verify that your interviewees have a Work-Study award - Although the Financial Aid office does all that it can to ensure that only students with Work-Study awards apply for the Work-Study positions, some ineligible students may apply anyway.

Students who have received a Work-Study award must obtain an Salt Lake Community College Work-Study Referral Form from the Financial Aid Office. This referral form is a formal and official confirmation of the student's eligibly to work as a Work-Study student. 

The purpose of the referral form is to notify the department that the student has been authorized to work under Work-Study program. It also provides information concerning the student's award limit, date that the student's award is effective, and the date the award expires.

As hiring supervisor you may contact the Salt Lake Community College Financial Aid office to receive an informal/unofficial confirmation that the student has received a Work-Study award. This confirmation would not serve as a guarantee of eligibility, however it may help you weed out applicants who are not eligible to apply for Work-Study positions. 

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