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Minimum Wage law loopholes

As if having teen unemployment north of 20 percent were not enough -- right, it's twice as high as the unemployment rate in Florida -- there's one little bomb tucked into Friday's federal minimum wage hike: It won't apply to teenagers with summer jobs.

There's a special subminimum wage for anyone younger than 20 during the first 90 consecutive days of employment. It is only $4.25 an hour. After that, the pay must go up to the federal minimum for everyone else, which will be $7.25 as of Friday.

So that means a teenager would have to had started his or her summer job back in April in order for the new minimum wage to apply now. At least of the teenagers I know, very few were working at that time. They didn't start until school let out.

(Oh, and, there's a special summer job exemption, too, which says places like camps don't have to pay the minimum wage at all.)

But the good news: "I have never seen anybody pay the teenager training rate," said Maria Perez, president of the Broward County Association of Payroll Professionals.

The reason: No one would apply for those jobs. Other employers are paying more than the minimum, she says. And the statistics back her up. Very, very few workers get the minimum wage any more.

The teenager training rate was inserted into the law back in 1996, but attorney David Buchsbaum, a partner in the Fort Lauderdale office of Fisher & Phillips, a labor and employment law firm, says he wouldn't advise employers to use it.

That's because there's another provision in this section of the law that says employers cannot get rid of another worker just to hire that teenager and pay the sub-minimum rate.

"If that teenager at the subminimum wage is taking a spot that used to be held by someone else, I would have some concerns about the displacement issue," he said.

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