How the hell can a state make exceptions to the federal minimal wage laws using age?

Talked to a relative in Oklahoma tonight..she said that her daughter recently got a job as a receptionist making $7.00 an hour. When questioned about minimum wage, the owner told her that in the state of Oklahoma one of the exceptions is if the worker is younger than 22 years old!
Sure enough, I googled OK and minimum wage and found this:


http://blog.laborlawcenter.com/2009/06/15/oklahoma-minimum-wage-increase-3/

There are exceptions to the Oklahoma minimum wage law. For instance, employees in domestic service in private homes and volunteers in charitable and non-profit organizations are exempt. Others exempt from minimum wage include students under the age of 22, agricultural workers, newspaper carriers or vendors and feed store employees.

As with the federal minimum wage laws, salaried managers, most executives, outside salespeople and professional employees are exempt from Oklahoma state minimum law. For part-time employees, the exception applies only to those who work fewer than 25 hours per week.

In a little known exception to the Oklahoma state minimum wage law, employers with earnings less than $100,000 and fewer than 10 workers are legally permitted to pay employees as little as $2.00 per hour. Every worker over 18 years of age, however, must be paid at least $2.00 per hour.
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How the hell can this kind of state law trump federal min. wage laws when it comes to one's AGE???

And to determine that would require that one actually read the federal statute.

'...during your first 90 consecutive calendar days of employment.'

http://usgovinfo.about.com/blminimumwage.htm

She's an 18 yr old college student.

They told her that they will not be taking taxes out of her check so that will "make up for" the lower hourly pay.
Sounds good til she has to FILE a tax return at the end of the year on her own and has to pay up. They didn't realize her mom works for a company that files people's taxes and knows that they'd have to give her daughter a 1099 form if she makes more than $400/year and she'd have to file as being "self employed". Not exactly the tax setup her daughter is looking for so I imagine she will not take the job.
It just floored me that a state could set up basically an age discrimination minimum wage law.

In the short run, avoid giving out your relative's name or the business name to avoid getting her in trouble. If she later says that she wants to make a case out of it, then whatever.

http://usgovinfo.about.com/gi/dynamic/offsite.htm?site=http://www.dol.gov/dol/location.htm

OLMS Key Personnel and Phone Numbers


Division of Interpretations and Standards
Andrew Davis, Chief
(202) 693-1254

She's not being "employed" they're setting her up as an independent worker. She'll be considered self employed and she will owe the taxes on her earnings. And she'll be responsible for paying them herself. In addition she would have to pay the entire Social Security tax as a self employed person. So not only would she not be an employee but the "make up" money isn't that at all.

This employer is feeding her a line of bull.

Small business, mom and pop small, have a whole line all ready to go for this one. Keeps kids off the streets. Teaches them responsibility. Costs the employer more money. bla bla bla.

It's crap, of course, because there are many states that don't do this and function just fine.

Check out Arkansas and their health care worker waiver. I always wondered why hospital workers were making $2.00 when I lived there, and minimum wage was $4.10 or something. Now I know. They have a waiver. Hey, they aren't racist, so don't you go saying that's where that law originated. God I'm glad I didn't let myself get stuck there.

Students and paperboys are one thing, but feed store employees? Those feed sacks are heavy. Come on guys, you're getting dicked here.

Seriously, if you were an intern, or getting trained there the first so many days then would be paid something more reasonable after training, then it would be ok. But just $2.00 regular hourly salary, and for what's probably a really boring job to?

Heck, even an illegal immigrant could probably get more then $2 an hour on average, and they usually take the lowest paying jobs.

A bunch of local supermarkets just got busted for not paying their baggers anything. They were expected to get all their money from a tip jar at the end of the conveyor. One of the managers said he thought he was just "doing them a favor" by letting them bag for change.

"In a little known exception to the Oklahoma state minimum wage law, employers with earnings less than $100,000 and fewer than 10 workers are legally permitted to pay employees as little as $2.00 per hour. Every worker over 18 years of age, however, must be paid at least $2.00 per hour."

omfg!