Abstract

For many undergraduate students and alumni, “dorm life” brings back fond memories of community and connection. Central to fostering this close-knit environment are Resident Assistants (“RAs”), university students who live and work in residence halls and dorms on college campuses across the country. While minimum wage and overtime laws under the Fair Labor Standards Act (“FLSA”) cover most student–workers, RAs are excluded. The Department of Labor and the Judiciary have viewed RAs as participants in an ostensibly educational relationship with their universities, rather than as employees. However, for most RAs today, financial necessity drives them to take on the position, while universities depend on their labor to sustain the vibrant campus communities they promote to prospective students. This outdated perception of RAs as learners rather than employees has perpetuated a “company town”-like environment, where they remain excluded from fundamental employment protections. Recognizing the evolving nature of the RA– university relationship, this Note reevaluates RAs’ status under the FLSA through a modern application of the primary beneficiary test, with the goal of addressing the persistent injustices RAs face in the workplace today.

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