Is it legal to be gettign paid under minimum wage in NYS?
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Is it legal to be gettign paid under minimum wage in NYS?
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I am working as a camp counselor at a camp run by the school district in NY. Minimum wage is currently 7.15 an hour and im only getting 5.50. I talked to one of the people in charge of the camp, who is not responsible for pay, but said that since it is through the school they are exempt from minimum wage. i find that hard to believe since we are not receiving tips or gratuities and they are giving us almost $2 under minimum wage, which means im making about enough to fill a tank of gas a week.
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michr
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yes it is legal the position is not covered by the minimum wage laws:
http://www.labor.state.ny.us/workerprotection/laborstandards/faq.shtm#2 |
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Ted
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Your state might have a different minimum wage law for seasonal employment, many states do. Check out this link to NY's Dept of Labor. At the least you should be able to call someone there and confirm whether or not your boss is correct. |
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hlstarch
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I can't say for certain, but I think it is highly likely that the minimum wage laws don't apply to you.
It is certainly not the case that "no one is exempt from minimum wage." There are *lots* of exemptions.
In your case, I think that the camp would be exempt from federal minimum wage laws because it would not be considered to be engaged in commerce (or producing goods for commerce, notwithstanding however many lanyards the kids churn out).
Based on a quick look, it looks like New York also exempts camp counsellors generally from its state minimum wage requirements.
You can do some more research (another answer has given you useful links above). Of course, if you succeed in kicking the school district's labor cost up by 30%, you may just close down the camp, but whatever .... |
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shane m
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Usually when you are working for a summer student program funded by the government, you don't make above minimum wage but you usually get a tuition voucher when you finish which makes it work out that you are actually making min wage |
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scalloper
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No one is exempt from minimum wage, school or any other institution. If they are providing meals for you they might consider that the extra payment. Contact your local BOLI office for answers. |
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