WORKPLACE LAW -
Hiring Teenagers
Question:
With school vacation approaching, I am once again receiving job applications from local high school kids who want a summer job. I get a little nervous about hiring teenagers, since I’m always concerned that I will inadvertently break some sort of wage law that applies to them. Can you remind me what the rules are for employing underage workers?
Answer:
It’s nice that you are willing to hire young people to work for you during the summer. There are special laws regarding hiring minors that you should be aware of.
Under the California Labor Code, minors must typically be at least 14 years old to work (there are exceptions for some entertainment and agricultural jobs). During the school year, 14 and 15-year-old employees may not work more than 3 hours on school days, 8 hours on non-school days, before 7 a.m. or after 7 p.m. When school is in session, 16 and 17-year-olds may generally work 4 hours per school day, and 8 hours on a non-school day or on a school day preceding a non-school day (such as a Friday).
If you are hiring teenagers for the summer, the rules are different and somewhat more flexible. When school is not in session, 14 and 15-year-olds can work up to 8 hours per day and 40 hours per week. While they are still not permitted to begin work before 7:00 a.m., they are permitted to work until 9:00 p.m. during the summer months. In addition, when school is not in session, 16 and 17-year-olds can work up to 8 hours a day and up to 48 hours a week. With a few exceptions, work hours for 16 and 17-year-olds must be between 5 a.m. and 10 p.m., but during the non-school months or on evenings before a non-school day, 16 and 17-year-olds can work as late as 12:30 a.m.
Except in limited circumstances, all minors under 18 years of age employed in the state of California must have a permit to work. Employers must receive the valid work permit before permitting a minor to work. A permit to employ and work, which is issued on the same form, is usually issued by an authorized person at the minor's school. During summer months or when school is not in session, the work permit is obtained from the superintendent of the school district in which the minor resides. Typically, after an employer agrees to hire a minor, the minor obtains a Department of Education form entitled “Statement of Intent to Employ Minor and Request for Work Permit” from his or her school. The form must be completed by the minor and the employer and signed by the minor's parent or guardian and the employer. After returning the completed and signed form to the school, school officials may issue the permit to employ and work. Permits issued during the school year expire five days after the opening of the next succeeding school year and must be renewed.
Minors are covered by adult minimum wage requirements. The current minimum wage is $8.00 per hour. In addition, 16 and 17-year-olds, who are allowed to work up to 48 hours in a week must be paid any overtime that applies. Minors are also entitled to workplace rights described in the Industrial Welfare Commission wage orders and California statutes, such as rest periods, workers’ compensation coverage, and statements of paycheck deductions. For useful online information provided by the California Labor Commissioner to assist employers in complying with the law in this area, you can visit the Division of Labor Standards Enforcement website at http://www.dir.ca.gov/dlse/DLSE-CL.htm.
Your question does not mention what kind of business you run. There are certain industries that constitute hazardous jobs, and minors are prohibited from working in these jobs. These industries include meatpacking, mining, logging, roofing, demolition, and pipe or brick manufacturing. Minors are also prohibited from working around hazardous materials (such as explosives) and dangerous machinery. Minors under age 17 may not drive on public streets for work purposes, and minors under 16 are generally prohibited from working in construction, transportation, and manufacturing industries. In addition, if your business is a restaurant, you should be aware that there are several restrictions that apply to minors who are 14 or 15 years old, and who work in food service occupations. You can find more information on those restrictions at
http://www.dir.ca.gov/dlse/ChildLaborPamphlet2000.html#31.
Employers must also follow all relevant health and safety laws to keep young workers safe on the job. You can visit Cal/OSHA's website at the following web address:
http://www.dir.ca.gov/DOSH/dosh1.html for more information on health and safety laws and regulations in California.
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