Employment Conditions and Limitations
The following provisions apply to all work, whether on or off campus.
Federal work study (FWS) employment must not displace workers (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 workers must not be replaced with FWS students. Replacement is interpreted as displacement.
The Fair Labor Standards Act of 1938, as amended, prohibits employers (including schools) from accepting voluntary services from any paid worker. Any student employed under FWS must be paid for all hours worked.
A student may earn academic credit as well as compensation for FWS job. Such jobs include but are not limited to internships, practica, or assistantships (e.g. research or teaching assistantships). However, a student employed in a FWS job and receiving academic credit for that job may not be:
- Paid less than he/she would be if no academic credit were given.
- Paid for receiving instruction in a classroom, laboratory, or other academic setting (e.g., enrolled in and serving as a TA for the same class).
- Paid unless the employer would normally pay the person for the same job.