Employees under the age of 20 are not entitled to the same rights as employees over the age of 20. One of the most important differences between them is minimum wage. The DOL issued Fact sheet #32, which explains that youth workers may be paid less than the national minimum wage. Click on the questions below to learn more about the youth minimum wage.
Under FLSA section 6(g), employers may pay their employees who are under the age of 20 a lower minimum wage of at least $4.25 an hour. However, they may only do so for a period of 90 calendar days, not workdays.
Only employees under the age of 20 for the first 90 day period after initial employment.
Unless prohibited by State or local law, all employers subject to the FLSA may pay their employees under the age of 20 the youth minimum wage for the initial 90-day period. Only employers who make $500,000 or more in annual sales or those who are involved in interstate commerce are subject to the FLSA. If State or local law requires a higher minimum wage and makes no exceptions for employees under the age of 20, then the higher wage standard applies.
The 90-day period starts on and includes the employee’s first day of work, not when the employee is offered the job or hired. The 90 day period is counted by consecutive calendar days, not by the amount of days the employee works. It does not matter how many days or hours the young employee works during this period.
Young employees may only be paid the youth minimum wage up until the day before their 20th birthday. On and after their birthday, the employee must be paid the applicable minimum wage.
Yes. Employees under the age of 20 may be paid the youth minimum wage for 90 consecutive days after they are initially employed. This is true of any employer with whom the young employee works. The fact that a young employee is employed by 2 or more employers at one time does not impact their employer’s right to pay the employee the youth minimum wage.
No. Special subminimum wages are authorized by FLSA section 14 and are informed by the regular FLSA minimum wage. These special classifications may not be combined with the youth minimum wage established by FLSA section 6(g).
No. An eligible youth may still be paid $4.25 an hour for the initial 90-day period even if the FLSA minimum wage increases.
No. It is illegal for an employer to fire one employee to hire someone eligible for the youth minimum wage. Neither may the employer reduce hours, wages, or employment benefits for the purpose of employing another at the youth minimum wage. To do so is a violation of the anti-displacement provision in FLSA section 15(a)(3).
Displacement means being fired, or having any reduction in hours, benefits, or wages.
Illegally displaced employees are entitled to “make whole” relief. Examples of “make whole” relief are being reinstated to their previous or equivalent position, being paid lost wages, etc.
No. Displacement violations do not make an employer ineligible to pay youth wage to employees under the age of 20.