With summer right around the corner, many businesses are looking to hire from local high schools. Whether you are hiring minors as seasonal or full-time employees, there are key laws that employers should be familiar with. The Fair Labor Standards Act (FLSA), California Labor Code, California Wage Orders, and California Education Code regulate child labor.
Who is a minor?
Anyone under the age of 18 who is required to attend school and anyone under the age of six is considered a minor.
What is a work permit and who needs one?
All minors who have not graduated high school or been awarded a certificate of proficiency, must have a valid work permit. This is true even if it is summer or the minor is only hired seasonally. The first thing an employer should do when they hire a minor is ensure that they have a valid work permit. The minor obtains a work permit through their school and provides it to their employer. It is important to remember that work permits expire five days into the opening of the following school year and a permit still needs to be obtained even if it is summer. The permit should be maintained in the minors personnel file and needs to be obtained before the minor does any work for the employer.
Key documents:
Statement Of Intent To Employ A Minor And Request For A Work Permit–Certificate Of Age CDW Form B1-1: https://www.dir.ca.gov/dlse/dlseformB1-1.pdf
Permit To Employ And Work CDE Form B1-4: https://www.dir.ca.gov/dlse/dlseformB1-4.pdf
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