September 25, 2008
 Compliance Matters
CHILD LABOR RULES: 
EMPLOYING TEENAGERS
AND
STUDENT INTERNSHIPS
(PART I) 
 
With school back in session, teenagers will be looking for temporary jobs or internships.  Employers hiring teenagers or engaging them as interns need to know the California and federal law governing the number of hours, pay and working conditions for minors.  In this two part series, we begin by discussing the teen employment rules you need to know.  In part two, we will review the rules for unpaid student internships.
 
TEENAGE EMPLOYEES
 
Under federal guidelines, a minor is a person under the age of 16.  California law has its own set of rules for minors under 18 who attend school.  We explain below.
 
Work Permit
 
All employers who directly or
indirectly employ a minor under 18
years of age (other than a minor who
is a high school graduate or
equivalent) must keep a "permit to
employ" on file for the duration of the
minor's employment.  The permit to
employ is the employer's copy of the
minor's work permit.  Permits can be
obtained from the minor's school and
are issued by the superintendent of
the school district in which the minor
resides or attends school.
 
Permits issued during the school year expire at the start of the next school year. 
Therefore, if you hired a teenager for the summer, or continued a teenager's employment from the last school term, be sure to obtain a new work permit if you intend to continue to employ them into the fall session.
 
The work permit must contain the
minor's name, age, date of birth,
address, phone number and social
security number.  (For employment
during the school year, it must also
contain the hours of school
attendance and the maximum number
of hours per day and week that the
minor may work).  The work permit
also must include an expiration date
and must be signed by the minor and
issuing school representative.
 
Wages.  Generally, minors must be paid at least the minimum wage (i.e., $8.00 an hour).  There is one exception that allows an employer to pay the minor a "learner's rate" of
just 85% of the minimum wage (i.e., $6.80/hour) during the minor's first 160 hours of employment, in occupations in which the minor has no prior similar experience.  However, after the first 160 hours, they must be paid the full minimum wage.
 
Restrictions on Type of WorkMinors cannot be employed in any occupation determined to be
"hazardous," dangerous or injurious
to them.  The Secretary of Labor has
defined numerous occupations which
they deem particularly hazardous,
some of which include operating
power-driven woodworking machines,
operating power-driven metal
forming, punching and shearing
machines, operating bakery or paper-
products machines, roofing
operations, work in the manufacture
of brick, tile and kindred products and
driving a motor vehicle.  Check the DOL website @ www.dol.gov for further information.
 
Some occupations are absolutely prohibited for minors under 16 years old, while others require written consent from the State's Labor
Commissioners.  For instance, minors
under the age of 16 are prohibited all
together from working in any
manufacturing establishment, public
messenger service, warehousing and
storage, construction and public
utilities.  It is advisable that you
check with the State and federal
authorities or your contact at the Firm
to be sure you are not employing the
minor in a prohibited or restricted
occupation.
 
Special Rules When Employing 16 and 17 year-olds.
 
Maximum hours.  Minors ages 16-17
may only work a daily maximum of 8
hours, and a weekly maximum of 48
hours.  When school is in session, the
limit is 4 hours per day.
 
Time of day restrictions.  16 and 17
year olds may be scheduled to work
only between the hours of 5:00 a.m.
and 10:00 p.m. on any day preceding
a school day.  On days not preceding
a school day (i.e., Saturday,
Christmas vacation or summer
vacation) the minor may work until
12:30 a.m.  However, keep in mind
that if the minor is in summer school,
the minor may only work until 10:00
p.m. on days preceding school days that are longer than 240 minutes.
 
The time of day during which a minor
may work is relaxed for those
between the ages of 16 and 18 who
are enrolled in school sponsored work
experience education programs
approved by the State Department of
Education or conducted by private
schools, subject to numerous
requirements.  Check with the school
to see the particular restrictions.
 
Special Rules When Employing 14 and 15 year-olds
 
Maximum hours.  Minors ages 14
and 15 may not work more than 3
hours on any given school day and no
more than 8 hours on a non-school
day.  They may not work more than
18 hours in any one week when
school is in session and not more
than 40 hours per week when school
is not in session.
 
Time of day restrictions.  These
minors may be scheduled to work only
between the hours of 7:00 a.m. and
7:00 p.m. during the school year.
 
However, between June 1 and Labor
Day, the hours during which these
minors may work are extended from
7:00 a.m. to 9:00 p.m.
 
With so many restrictions on the
employment of minors, it's advisable
to bone up on these requirements
before engaging the minor.
 
Your contact at the Firm is ready to be of assistance as needed in responding to your questions about student interns and the employment of minors.
 
 
 

For more information, call us today at (818) 508-3700,
or visit us on the web, at www.brgslaw.com.

Sincerely,

Richard S. Rosenberg
Partner
BRG&S, LLP

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