Students: University Employees Or Not?

The classification of students as employees of a university is a complex issue. While students may undertake work for a university, their primary relationship with the institution is educational, and their working relationship is obtained as a result of their studies. This distinction is important when considering the applicability of employment laws and regulations, as student workers may not be considered employees in the traditional sense. However, this is not a blanket rule, and the specific circumstances of each case must be examined to determine whether a student worker meets the legal test for employee status. This classification can have significant implications for both the student and the university, affecting eligibility for benefits, taxation, and compliance with labour regulations.

Student workers' data and compliance evaluations

Student workers are individuals enrolled in an educational institution whose primary relationship with the institution is educational, and their working relationship is obtained as a result of their studies. Student workers are engaged in research, teaching, work-study, or other related or comparable positions at the educational institution.

Student Workers Data and Compliance Evaluations

Student workers are generally not considered employees, and their data is not included in compliance evaluations for violations. This is because student workers' primary relationship with the institution is educational, and sorting through data to determine their employment status is burdensome and may prolong compliance evaluations.

However, educational institutions may choose to provide student worker data during compliance evaluations. In such cases, the data should be secure and transmitted encrypted. Student workers are also subject to compliance and ethics guidelines, and they must complete relevant forms, such as the electronic I-9 form, to verify their identity and authorization to work.

Student employees are responsible for planning their academic, personal, and work schedules to avoid conflicts. They are also expected to monitor their earnings, especially in work-study jobs, as their earnings are generally taxable as income.

Student Worker Benefits and Restrictions

Student workers are not eligible for paid leave benefits but are entitled to Workers' Compensation if injured in the course of their employment. Undergraduate and non-academic student employees are generally not eligible for employee insurance benefits unless they meet full-time employment criteria. Academic graduate student employees working at least 20 hours a week for 4.5 months are eligible for employee benefits with a university contribution to the premium cost.

Full-time undergraduates may work up to 20 hours a week, while full-time graduate students may work up to 26 hours a week. During semester breaks, student employees can work up to 40 hours a week without approval from academic advisors. International students are restricted to a maximum of 20 hours a week during the fall and spring semesters.

Student employment eligibility requirements

For F-1 students (nonimmigrant students with a visa allowing them to study in the United States), there are specific rules regarding on-campus and off-campus employment. On-campus employment is generally allowed for F-1 students, but the work must be for the school or a company that contracts with the school to serve students directly. Off-campus employment during the first academic year is not permitted for F-1 students. However, after the first academic year, F-1 students may engage in three types of off-campus employment:

• Curricular Practical Training (CPT)
• Optional Practical Training (OPT)
• Severe Economic Hardship employment

To be eligible for off-campus employment, F-1 students must obtain case-by-case approval from USCIS (U.S. Citizenship and Immigration Services). This includes submitting Form I-765, "Application for Employment Authorization," and paying a fee. Border commuter students may only engage in CPT and post-completion OPT. Additionally, any off-campus employment for F-1 and M-1 students must be related to their area of study and authorized by the Designated School Official before starting work.

At Monmouth University, student employees are expected to adhere to certain guidelines, such as working a maximum of 20 hours per week for full-time undergraduates and 26 hours per week for full-time graduate students during ongoing classes. They are also responsible for familiarizing themselves with the Student Employment Handbook and managing their academic, personal, and work schedules to avoid conflicts.

Student employees' benefits and insurance

The nature of a student's relationship with a university is primarily educational. However, students can be employed by the university in various capacities, such as research, teaching, or work-study. The eligibility of student employees for benefits and insurance depends on multiple factors, including their student status, the number of hours worked, and the duration of employment.

Undergraduate Students

Undergraduate students in student academic titles and those in non-academic titles are generally not eligible for employee insurance plans. However, they may be covered by the Affordable Care Act (ACA) or other plans like the AcademicBlue Student Health Insurance Plan offered through the Federal Marketplace.

Graduate Students

Graduate students in academic positions who work at least 20 hours per week for a minimum of 135 continuous days may be eligible for university insurance plans and receive contributions towards insurance premiums. At the University of Texas, for instance, graduate students with specific job titles and working hours are eligible for health plans like UT SHIP and UT SELECT.

Summer Employment

Summer anchor jobs are essential for teaching or research assistants to maintain their insurance eligibility during the summer until they resume benefits-eligible employment in the fall. Changes in employment status, such as reduced hours or breaks, may result in losing eligibility for employee benefits.

Other Benefits

Student employees may also be eligible for additional benefits like dental, vision, and accidental death and dismemberment (AD&D) insurance. These benefits are often available at no cost to the employee and can be enrolled in through platforms such as My UT Benefits. It is important for student employees to be aware of their eligibility and enrollment requirements, as outlined in handbooks or checklists provided by the university.

Student workers' legal status and rights

The legal status of student workers in the United States is a complex issue that involves various federal and state laws and regulations. While the specific rights and protections available to student workers can vary depending on the jurisdiction and the specific circumstances of the employment, there are several key points that broadly outline the legal status and rights of student workers.

Firstly, it is important to distinguish between student workers who are primarily enrolled in an educational institution for academic purposes and those who are primarily employed by the institution. In the former case, where the student's primary relationship with the institution is educational, their working relationship is typically considered secondary and obtained as a result of their studies. This distinction is significant because it determines whether certain labour laws and protections apply to these student workers.

In the United States, the Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) generally does not consider student worker data in compliance evaluations for affirmative action programs (AAPs). This means that contractors are not required to include student workers in the data they submit during a compliance review, and violations related to student worker employment data are typically not cited. However, the OFCCP does accept complaints alleging employment discrimination by or on behalf of student workers and will work with the Office of the Solicitor to determine if such students are protected by OFCCP's laws.

The classification of student workers as employees or independent contractors is crucial for determining their legal rights and protections. In California, for example, if an employer sets a student worker's wages and hours and directs how their job should be performed, they are typically considered an employee rather than an independent contractor. This classification is important because misclassifying employees as independent contractors can result in the denial of labour protections such as minimum wage, overtime pay, and paid sick leave.

Student workers, particularly minors, have specific rights and protections under the law. For instance, in California, it is illegal for employers to retaliate against student workers for exercising their rights, such as refusing to work off the clock, taking paid sick leave, reporting harassment, or insisting on a safe workplace. Student workers also have the right to organise or join a union to negotiate wages, benefits, and other workplace rights. Additionally, student workers on certain visa types, such as the F-1 Visa, may have specific restrictions on off-campus employment during their first academic year.

In conclusion, the legal status of student workers can vary depending on the specific circumstances and jurisdictional laws. While some student workers may be considered employees, others may fall into different categories with varying rights and protections. It is important for both student workers and their employers to be familiar with the applicable laws, regulations, and institutional policies to ensure compliance and protect the rights of student workers.

Student employees' working hours

Student employment is considered to be part-time, with students typically working no more than 20 to 25 hours per week during the academic year. This ensures that their primary relationship with the university remains as a student rather than as an employee. Working hours may increase during term breaks and summer, with some students working up to 40 hours per week.

The specific working hours for student employees can vary depending on the university and its policies. For example, at the University of Colorado Boulder, students are limited to a maximum of 25 hours per week or 50 hours per bi-weekly pay period during the academic year, including exam weeks and breaks. During the summer, the limit increases to 40 hours per week or 80 hours per bi-weekly pay period.

At Oregon State University, student employees are limited to 24 hours per week during the enrollment period to maintain their student status and avoid FICA (Medicare and Social Security) tax deductions. During term breaks and summer, eligible students may work full-time (40 hours per week) and are entitled to overtime pay for any hours worked beyond that.

The University of Washington also follows a similar structure, with student hourly employees covered by mandatory overtime requirements and compensated at time and a half for all hours worked over 40 hours per week.

Additionally, universities like the University of Arizona have policies in place to ensure that student workers do not exceed the maximum work hours. At UA, student workers can work up to 25 hours per week during the fall and spring semesters and up to 35 hours per week during the summer and breaks.

It is important to note that students may hold multiple jobs or have more than one university position, in which case their total working hours across all positions are considered when determining eligibility for overtime pay and compliance with maximum work hour policies.

The starting wage and pay rates for student employees are determined by the respective departments, with considerations given to factors such as previous experience, special qualifications, and market conditions. Student employees are also entitled to rest breaks, with the duration and frequency varying depending on the university's policies.

Frequently asked questions