Hiring Minors Entails Following Specific Requirements

Posted on Thu, Jun 23, 2011

Q: Our business is thinking about hiring high-school students this summer. Should we be aware of any restrictions or unique requirements?

A: The California Labor Code, the federal Fair Labor Standards Act and the California Education Code regulate employment of minors in California. The interaction of all three will govern any decision you make. Employers should think about several issues, including hours of work, minimum age for employment, occupational restrictions, and health and safety rules.

Online Tools

When summer approaches, high-school students looking for work are a willing and eager workforce. With a little preparation, employers can benefit from this labor pool and make it a positive experience for the teen worker. May was Safe Jobs for Youth month in California, and information about hiring youth is just a click away on several websites:

  • Learn the basics at the California Chamber of Commerce website HRCalifornia, and take the child labor quiz. Members must log-in.

  • Visit the Young Workers' Health and Safety Website for guidance about health and safety issues, and ideas to enhance the working relationship with your teen employees. Download fact sheets, resource kits and more.

  • Visit the Division of Occupational Safety and Health (Cal/OSHA) website for more information about health and safety regulations.


Work Permits

May is also a good time to start the hiring process so that all required paperwork is completed and on file before the teens begin work. With certain limited exceptions, California requires that minors under 18 years of age, who have not graduated from high school or obtained a "Certificate of Proficiency," must have a valid work permit, which is issued through the school the student attends. Application for the work permit is initiated by the student.

Work permits are required year-round, even when school is not in session. Obtaining a work permit helps assure that the duties performed comply with child labor laws and hour restrictions.

Be sure to carefully review the work permit for the exact hour restrictions, as the school may, at its discretion, issue a permit for fewer hours than the law allows.

Age Restrictions

The age of the minor determines the hours of work, occupation and duties permitted for that age group. As a result of federal and state occupational restrictions, a minor usually must be at least 14 years old before beginning work.

Separate rules and regulations cover younger minors working in the entertainment industry. The occupational restrictions and exceptions are complicated and lengthy.

The Division of Labor Standards Enforcement provides a comprehensive child labor booklet that includes a summary of age groups and occupations permitted for that age group.

Federal child labor laws were updated in 2010 and added new prohibitions for youths under the age of 18. However, they also allowed additional job opportunities for 14- and 15 year-olds. Be sure to review the most current information at the federal Department of Labor's website.

There is no sub-minimum wage rate for minors in California. The California minimum wage of $8 per hour applies to minors. A limited learner’s exemption, however, allows payment at 85 percent of the minimum wage only during the first 160 hours of employment in occupations in which the employee has no previous similar or related experience.

Avoid penalties by training your supervisors to understand and comply with all child labor and safety laws. Form a partnership with your young workers to enjoy a positive summer work experience.

Permission granted to reprint from California Chamber of Commerce

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