During summer months, for many employers, it's time to hire temporary help. Typically, this means reaching out to local school districts to hire students during summer break. Before making the decision to hire a minor, be sure to be aware of all the rules and regulations an employer must follow.
A minor is defined as a person under the age of 18 who is required to attend school under the provisions of the Education Code. Employers must first acquire the necessary work permits before employing a minor. An employer who is considering employing a minor should obtain and complete a Statement of Intent to Employ Minor and Request for Work Permit (Form B1-1),Employers must also obtain a completed Permit to Employ and Work (Form B1-4) prior to hiring or allowing the minor to begin work.
Permits issued in one school year expire five days after a new school year begins, therefore, if a minor continues to work after the new school year has begun, an employer must obtain an updated permit. All permits must be kept on file for three years and made available for inspection by sanctioned authorities at any time.
In addition to having the proper documentation prior to hiring a minor, an employer must ensure that the minor will not be working in an environment that has been declared hazardous or dangerous for young workers. Examples of this environment are mining, motor vehicle/forklift driving, areas exposed to radiation, brick/tile manufacturing, roofing, baking, etc. For a complete listing of the prohibited environments for minors, visit the U.S Department of Labor, Child Labor Bureau website.
The final step to hiring a minor is ensuring that their work schedule will comply with the specific hours that the minor is permitted by law to work. Click here for an outline of the limitations on minors' work hours.
What will happen if I do not comply with child labor laws?
If an employer does not comply with child labor laws, they could be liable for civil and criminal penalties for violations of child labor laws range from fines of $500 to $10,000, depending on the type of violation, to six month jail sentences.
For more information about any of the topics discussed above, please feel free to contact Sarina Flores or Nicollette Donato in Flores Financial Services' Human Resources Department at (619) 334-7010.