How to Protect Yourself as a Student Employee: Lessons from a Federal Wage Ruling

Protect Your Paychecks: What Student Employees Need to Know Now

Are you a student employee worried your hours aren’t fully counted—or that you may be owed money? You’re not alone. Recent federal enforcement actions show employers still fail to record and pay all hours worked. The December 2025 federal judgment forcing a Wisconsin health system to pay $162,486 in back wages to 68 case managers is a timely reminder: unpaid “off-the-clock” work and missed overtime aren’t just unfair—they can be illegal.

Why this matters to student employees in 2026

Many student roles—from campus work-study and research assistantships to internships and hourly campus jobs—are paid hourly and should be tracked carefully. In late 2025 and early 2026 the U.S. Department of Labor (Wage and Hour Division) and state labor agencies increased investigations into wage-and-hour violations, especially where recordkeeping was poor or employees worked hybrid/remote shifts. That means student workers who document hours now are much more likely to recover back pay if they were underpaid.

In December 2025, a U.S. District Court entered judgment requiring North Central Health Care to pay $81,243 in back wages and an equal amount in liquidated damages after an investigation found employees worked unrecorded hours and overtime wasn’t paid. (Source: DOL/Wage and Hour actions, Dec 2025)

Fast checklist: What to do this week if you suspect unpaid hours

• Start tracking every minute today—use a simple app or a timestamped spreadsheet.
• Save evidence: timesheets, emails, shift confirmations, screenshots, calendar entries, pay stubs, and text messages.
• Calculate potential back pay (basic guidance below).
• Contact HR professionally with a concise inquiry (sample email below).
• If unresolved in 10–14 days, consider filing with your state labor department or the U.S. DOL Wage and Hour Division.

Understand the basics: classification, overtime, and recordkeeping

Who is a student employee?

Student employees include:

• On-campus hourly workers (library, dining, admin).
• Federal work-study recipients (paid from financial aid funds but still subject to wage laws).
• Paid research and teaching assistants (some are salaried, some hourly).
• Interns (unpaid vs paid has legal tests—if paid hourly, they are protected).

Exempt vs. nonexempt: why it matters

Nonexempt employees are entitled to minimum wage, overtime (time-and-a-half for hours over 40 per workweek under the Fair Labor Standards Act), and strict recordkeeping. Many student positions are nonexempt. Exempt positions (rare for student hourly jobs) are salaried and meet specific criteria.

Recordkeeping rules you must know

Under the FLSA employers must keep accurate records of hours worked for nonexempt employees. Failing to record off-the-clock work is a common violation. In the Wisconsin case, the DOL found employees worked unrecorded hours and were not paid overtime. If your employer’s records don’t match your own, that’s the first red flag.

Practical hour-tracking systems for students (no legalese, just what works)

Choose one dependable method and use it consistently. Redundant evidence matters (multiple timestamp types make a stronger claim).

• Simple timestamped spreadsheet — Columns: date, start time, end time, break time, total hours, location/task, supporting evidence (link to email or screenshot). Back it up to cloud storage.
• Phone note + screenshots — Combine a dated notes app entry with screenshots of clock-in screens, schedules, and messages. Save as PDFs weekly.
• Free time-tracking apps — Clockify, Toggl, Harvest. These generate time reports you can export if needed.
• Email confirmations — After each shift, send a short email to your supervisor: “Per today’s shift, I worked from 3:00–7:15 p.m.” This creates employer-stamped evidence.
• Calendar entries with screenshots — Use Google Calendar events with exact start/end times, then screenshot them weekly.

Tips for hybrid or remote student work

With remote work, discrepancies are more common. Use apps that log active time or save screenshots of your work logs. Avoid relying on verbal agreements—always follow up by email.

How to calculate your possible back pay — a straightforward method

Use this short method to estimate what you might be owed. This is an estimate—not legal advice—but it helps you decide whether to pursue a claim.

1. Gather your records: hours you worked each week (your logs) and what you were paid (pay stubs).
2. For each week, calculate actual hours worked.
3. For weeks over 40 hours, calculate overtime: Overtime pay = overtime hours × 1.5 × regular hourly rate. The DOL defines the regular rate as your hourly wage plus nondiscretionary bonuses divided by hours in the workweek.
4. For underpaid or unpaid hours, calculate the difference between what you should have been paid and what you actually received.
5. Sum the underpayments. For potential FLSA claims, remember: the statute of limitations is generally two years, or three years if the violation was willful.

Quick example

If you’re paid $12/hr but worked 45 hours in one week and your employer paid only 45×$12, you’re missing overtime. Overtime hours = 5. Overtime rate = $18/hr (1.5×12). Overtime pay owed = 5×$18 = $90. If you were paid the straight time $12×45 = $540, you should have been paid $12×40 + $18×5 = $480 + $90 = $570, so owed $30 that week.

What to do first: internal steps before filing a claim

Attempt informal resolution first—many disputes are recordkeeping mistakes. Follow this escalation path:

1. Document everything (your logs, pay stubs, and any schedule changes).
2. Ask HR or your supervisor politely and in writing (sample email below).
3. Give them 10 business days to respond. Keep copies of all replies.
4. If HR responds but the fix is partial, request a timeline for correction in writing.
5. If no resolution, prepare to contact your state labor department or the U.S. DOL Wage and Hour Division.

Sample email to HR or your supervisor

Use clear, non-accusatory language—document, don’t litigate:

Subject: Paycheck / Hours Clarification for [Your Name] (Job: [Role])

Hi [HR/Manager Name],

I hope you’re well. I’m writing to clarify my recorded hours and recent paychecks. My records show I worked the following hours that don’t appear on my pay stub(s):

- [Date] — [Start time] to [End time] — [Total hours] — [Reason, e.g., coverage for coworker]
- [Date] — ...

I have attached my personal timesheet, screenshots of calendar entries, and related messages. Could you please confirm how these hours were recorded and when any corrections will be reflected on my next paycheck? I appreciate your help and look forward to resolving this quickly.

Thank you,
[Your full name]
[Student ID if applicable]
[Contact info]
  

When to contact the Department of Labor or state labor office

If HR doesn’t resolve the issue promptly, or if you suspect systemic nonpayment, you can file a complaint with your state labor department or the U.S. Department of Labor Wage and Hour Division. The DOL handles federal law violations (minimum wage, overtime, recordkeeping). State agencies handle state-level wage claims and often have faster resolution timelines.

What to expect when you file

• Investigators will ask for your documentation (timesheets, pay stubs, correspondence).
• The agency may request employer records; if those conflict with your evidence, that strengthens your case.
• Potential outcomes include back wages, liquidated damages (often equal to back wages under FLSA), and order to correct recordkeeping practices.
• Retaliation is illegal—if you are disciplined after filing, report it immediately. The FLSA protects workers who file complaints.

Sample intake email to a state labor office or the DOL

Subject: Wage Complaint — Unpaid Hours / Overtime — [Your Name]

Hello,

I’d like to file a complaint regarding unpaid hours and possible overtime violations by my employer, [Employer Name]. I worked as [Job Title] from [start date] to [end date or present]. I believe my employer failed to record and pay the following hours: [brief summary].

Attached: copies of my timesheets, 3 recent pay stubs, email confirmations of shifts, and a calculation of owed wages.

Please let me know the next steps for submitting a formal complaint and any additional information you need. I’m available at [phone] or [email].

Thank you,
[Your full name]
[Address]
  

Legal timeline and what to expect financially

Key timelines:

• FLSA statute of limitations: generally two years; three years if the employer’s violation was willful.
• State laws: many states have longer or different statutes—check your state labor website.
• Investigation length: often 2–6 months; complex cases can take longer.

What you might recover:

• Back pay for unpaid wages and overtime.
• Liquidated damages under the FLSA—often equal to the back pay amount for willful violations.
• Interest and attorney’s fees in some cases if litigation follows.

2026 trends and advanced strategies

In 2026, a few trends are shaping how student employees protect wages:

• Increased enforcement: DOL prioritized wage-and-hour enforcement in late 2025; expect more audits into recordkeeping practices.
• Hybrid work tracking: Universities and employers increasingly use time-tracking software with geofencing—save copies of any logs about you.
• Data portability: Courts increasingly accept digital records (screenshots, app logs, emails) as evidence—so your digital trail is powerful.
• Collective claims: Class or collective actions are more common when multiple student workers are affected; coordinate with co-workers if you suspect systemic issues.

Advanced strategy: building a joint claim

If multiple student employees experience the same problem—unrecorded hours, forced off-the-clock work—collective action can be efficient. Coordinate to gather individual logs and elect one or two spokespeople for communication with HR or the labor agency. Keep communications factual and organized.

Common objections employers raise — and how to respond

• “You forgot to clock in.” — Reply with your calendar, messages, and email shift confirmations. Clock-in systems are the employer’s trust, but you can document exceptions.
• “You volunteered extra time.” — Volunteering for paid positions doesn’t excuse nonpayment for required tasks. Ask for written clarification of duties moving forward.
• “You’re an independent contractor.”strong> — Classification must meet specific legal tests. If you are directed, scheduled, and embedded in core duties, you are likely an employee.