Many of us have always felt that student journalism wasn't so much a "real job" as a labor of love. Fortunately for the many student media programs who don't pay their student staffers the federal minimum wage, the U.S. Department of Labor agrees.

While a lucky few student journalists are paid regular, moderate wages based on the actual number of hours they work, "pay" for others can take many forms. Stipends, scholarships or tuition credits are fairly common. As are "salaries" or compensation based on the number of inches, photographs or graphics published. ("Token" is a word commonly associated with such stipends and salaries and there is generally no pretense about trying to pay staff members a regular wage based on the actual number of hours spent in the newsroom.) Just as likely as monetary compensation, however, is payment in the form of a heartfelt "Thank You!" and a handshake from an adviser at the end-of-term party.

Most students understand the nature of student publications and are willing to sacrifice pay, hard work and their time for the experience - both professional and personal - gained working on student media. Occasionally, however, some school administrators or government officials have failed to see the arrangement in the same light and have made waves for student media that fail to comply with federal minimum wage laws.

The Federal Labor and Standards Act, 29 USC §201 et seq., requires that all covered and nonexempt employees be paid not less than the minimum wage, currently $5.15 in most cases, and overtime pay where appropriate. While the Department of Labor has yet to issue a formal ruling specifically directed at student media, the Department of Labor's Field Operations Handbook (which unfortunately seems to be in a constant state of flux) includes provisions exempting most students participating in extracurricular activities or engaged in a bona fide educational program.

Moreover, on multiple occasions, officials at the Department of Labor have responded to direct queries concerning whether or not student journalists would be considered "covered employees" under the Act. On all occasions, the Department officials confirmed that student journalists will not be considered employees that have to be paid the minimum wage provided the student media programs were closely affiliated with an educational institution and provided educational experience to the students.

As the Department said in a 1991 letter to the Student Press Law Center:

"As part of their overall educational program, public or private schools and institutions of higher learning may permit or require students to engage in activities in connection with...student publications...radio stations...and other similar endeavors. Activities of students in such programs, conducted primarily for the benefit of the participants as a part of the educational opportunities provided to the students by the school or institution, are not 'work' of the kind contemplated by Sec 3(g) of the Act and do not result in an employee-employer relationship between the student and the school or institution. Also, the fact that a student may receive a minimal payment for participation in such activities would not necessarily create an employment relationship." (Emphasis in original).

Later contacts confirmed that the Department's position also extended to students working for independent student media if the media organization could demonstrate that it was closely affiliated with an educational institution and provided training and an educational experience for its student staff.

Fortunately, the issue pops up infrequently. Moreover, in all cases where student media have sought our help after being contacted by local Department of Labor compliance officers or school administrators, the conflict has been resolved - and the "labor of love" left undisturbed - simply by putting the relevant players in touch with the "right" person and information at the Department's Washington, D.C. headquarters.

Visit the Student Press Law Center online at http://www.splc.org.