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Employing
Minors
 Every summer
employers are faced with the opportunity (and challenge) of
bringing in young people to both supplement the workforce
and provide career training for the younger employees. While this can be welcomed relief to have a pair of ready
hands to take on the work which might otherwise burden
employees who are trying to take vacations or just have a
lot of administrative work, it can also signal the
employer’s need to brush up on the regulations around
employing minors.
Employment of minors is regulated under numerous
authorities, such as the California Labor Code, the
Education Code, the federal Fair Labor Standards Act (FLSA)
to name a few, and the regulations vary by industry and age
of the minor. A minor is anyone who is under 18 years of age
and required to attend school and therefore subject to
California’s child labor protections.
Before employing a minor, ensure you are familiar with your
industry regulations and avoid these common mistakes: not
obtaining proper work permits; not paying required wages to
minors; employing minors in prohibited occupations; and
violating permitted work hour restrictions.
For purposes of this article, we will focus on employing
minors 14-17 years of age.
Work Permits
Employers must
obtain proper work permits which are required year-round,
even when school is not in session. The school year begins
on July 1 and ends on June 30 and work permits expire five
days after the start of the new school year. Work permits
are issued by the Superintendent of the school district
where the minor goes to school or lives. The employer or the
minor must obtain (from the superintendent) and complete the
Statement of Intent to Employ a Minor, and obtain a Permit
to Employ and Work. Work permits are not required if the
minor is a high school graduate, or has a certificate of
proficiency
Wages
Minors must be
paid no less then the minimum wage and overtime if
applicable. Minors are typically not allowed to work more
than eight hours in a day. See below for more details.
Prohibited
Occupations
Minors are not
permitted to drive a motor vehicle on public highways and
streets for the purpose of their job which includes
delivering any type of goods from a motor vehicle.
Generally, prohibited occupations include: excavation,
manufacturing explosives, mining, and operating many types
of power-driven equipment. For more information on this
subject, visit the Department of Labor website at
www.dol.gov/dol/topic/youthlabor/hazardousjobs.htm.
Work Hours
Generally,
minors age 14-15 can work three hours per day on a school
day outside of school hours and eight hours on a non-school
day. They can work up to 18 hours per week while school is
in session and up to 40 hours per week when school is out.
Minors in this age range are permitted to work between 7
a.m. – 7 p.m. except from June 1 through Labor Day when they
can work until 9 p.m.
Generally, minors age 16-17 can work four hours per day on a
school day and eight hours on a non-school day or on any day
preceding a non-school day while school is in session. When
school is out, they can work eight hours a day. The maximum
amount of hours they can work is up to 48 hours per week,
even when school is in session. Minors in this age range are
permitted to work between 5 a.m. – 10 p.m. and can work
until 12:30 a.m. on any evening preceding a non-school day,
such as Saturday evening or during the summer.
Be cautious because many minors may attend summer school, so
the school day hours would apply in that case.
Note: If a minor works two jobs, both jobs
count toward the aforementioned limits.
Mobile Phones
Effective July
1, 2008, it became illegal for individuals under age 18 to
drive a motor vehicle while using a mobile phone, even
with a hands-free device. This includes other mobile
service devices, such as a broadband personal communication
device, a specialized mobile radio device, a pager, a
two-way messaging device, or a handheld device or laptop
computer with mobile data access. However, minors may make
calls for emergency purposes only to, for example, a law
enforcement agency, a healthcare provider, or the fire
department.
Note: There are many additional exceptions to hiring minors
and this list is not inclusive. If you have specific
questions about your organization, please call TPO for more
clarification.
Article written by:
LaTonya Olivier, SPHR-CA
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The US Equal
Employment Opportunity Commission (EEOC) announced that
95,402 workplace discrimination complaints were submitted by
employees to the federal agency in 2008. This was a 15
percent increase from the 82,792 complaints made in 2007,
and the highest number of claims since the EEOC was
formed in 1965. 
Today’s economy is fueling a surge of employee (and past
employee) complaints of discrimination and harassment.
Decisions about which employees are terminated in a
downsizing process; asking the remaining employees to do
more with less; relying on under-skilled managers and
supervisors to effectively lead change; the list goes on!
To
show our appreciation for you sharing your enthusiasm about
how your TPO membership adds value to your operation with
others, we are offering a
I
heard that we need to begin to use the federal E-Verify
system for our I-9 verifications if we have federal
contracts. Is that true? Have I missed the deadline?
This
might be exactly what
you heard, but nothing has moved
forward yet on this issue, except for a recommendation for a
two year extension of the current program by the House
Appropriations Committee. That recommendation has not yet
been acted upon by the House. The Department of Justice
recently set another delay to the implementation of the
rules that govern the use of E-Verify for checking
eligibility to work in the U.S. when you have federal
contract money. The E-Verify rules were set to take effect
on June 30, 2009, but this fourth
delay puts the next target implementation date at September
8, 2009.
Have
things changed in your organization? Have people moved on?
Have policies changed? Employee Handbooks are a key
component of any sound employee relations program and play a
critical role in communicating essential information about
benefits, policies, and performance standards to all
employees. The benefits of having documented policies are
key to the promotion of fairness and consistency in which
employees are treated, and reduce the possibility of
arbitrariness and discrimination. The result is enhanced
employee morale, productivity and loyalty (along with more
favorable legal positioning).
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