07/10/2002

23. May you pay trainees less than the required rate per hour?

Don't let anyone from any other agency tell you that you can employ a trainee at sub-standard rates. The Department of Labor (Apprenticeship Division and the Ohio Employment Commission- Vocational Rehabilitation Division) are the ONLY ones who can so authorize. All other agencies, State and Federal, are not recognized by the Wage-Hour Division for this authorization. LEARNERS, APPRENTICES, MESSENGERS AND HANDICAPPED WORKERS may be paid special lower minimum wage rates but only if certificates are obtained from the Administrator.

Full-time students can be employed at 85% of minimum wage by retail establishments only. Wholesalers can employ student learners or diversified occupations students; however, the certification by the school must be cleared with the Federal Dept. of Labor as above and may be paid 75% of the minimum wage.

A special exception is provided which permits enrollees of the "in school" program of the Neighborhood Youth Corps to work during school hours, if the employer has on file a written statement signed by the Administrator of the Bureau of Work Programs or his representative and countersigned by the principal of the school attended by the minor indicating that such employment will not interfere with the child's health and well-being or interfere with his school.

NOTE: Sec.6 (d) of the Federal Wage-Hour Law provides that employers may not pay employees of one sex wages at rates lower than they pay employees of the opposite sex, employed in the same establishment, for equal work on jobs requiring substantially equal skill, effort and responsibility which are performed under similar conditions.

To be comparable, the jobs need not be identical, but only essentially the same or similar.

If you have males and females employed in such jobs you should be prepared to demonstrate that higher rates paid one sex are not based on sex, but rather on some other factor, such as merit ratings, or length of service, and be prepared to proved by documentation that such standards are applied equally to men and women.

An Amendment to the Age Discrimination in Employment Act of 1967, effective January 1, 1979, prohibits discrimination in hiring, termination, employment or pay practices with respect to persons in the 40 through 69 age group. This law applies to employers who operate enterprises that employ 20 or more workers.