WORKPLACE LAW -
Hiring Minors For The Summer

Question:

I have hired some high school students to work for me for the summer but I can’t remember the rules that apply for teen employees. Can you give me a quick refresher?

Answer:

It’s great that you are not only able to hire some young people to work for you during the summer, but that you are concerned about knowing the rules regarding the employment of minors.

Virtually all minors (i.e., those between 14 and 17 years of age) employed in the state of California must obtain a work permit and provide it to their employer before starting work. A permit to employ and work is usually issued by an authorized person at the minor's school, but when school is not in session the work permit can be obtained from the superintendent of the minor’s school district. Typically, after an employer agrees to hire a minor, the minor obtains a “Statement of Intent to Employ Minor and Request for Work Permit” form from the Department of Education, which must be completed by the minor and the employer and then signed by the minor's parent or guardian before school officials may issue the permit. While this may not apply to your situation involving summer employees, you should note that permits issued during the school year expire five days after the opening of the next succeeding school year and must be renewed at that time.

The rules regarding the hours that teens are allowed to work vary depending on whether school is in session. For instance, during the school year 14 and 15-year-olds may not work more than 3 hours on school days (including Fridays), 8 hours on non-school days, or before 7:00 a.m. or after 7:00 p.m. However, during the summer, 14 and 15-year-olds can work up to 8 hours per day and 40 hours per week, and can also work until 9:00 p.m. During the school year, 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). 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.

The same minimum wage requirements that apply to adults also apply to minors. The current minimum wage in California 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 for any overtime that they work. Just like adults, minors are also entitled to the workplace rights that are set forth in the Industrial Welfare Commission wage orders and California labor statutes, such as rest periods, workers’ compensation coverage, and statements of paycheck deductions. The following link to the Division of Labor Standards Enforcement website provides useful information on complying with these various legal requirements:
http://www.dir.ca.gov/dlse/DLSE-CL.htm. Minors are also protected from unlawful discrimination and harassment under the California Fair Employment and Housing Act, as well as under federal law.

In recent years, the Department of Labor (DOL) has increased its efforts to educate both employers and teenage workers about on-the-job safety, especially during the summer when youth employment increases significantly. While many of these efforts are geared toward minors who work at amusement parks and fast food restaurants, which tend to be popular summertime jobs, the DOL’s guidance is useful for all employers. More information on workplace safety for minors can be found on the DOL’s website at:
http://www.dol.gov/dol/topic/youthlabor/safetyhealth.htm.

Lastly, it’s possible that you may qualify for a new payroll tax exemption with regard to the hiring of summer employees. The Hiring Incentives to Restore Employment (HIRE) Act, which was enacted March 18, 2010, exempts a qualified employer from paying its share of Social Security employment tax with regard to the hiring of certain qualified individuals.  Qualified employees are individuals:

  • who begin employment with a qualified employer after February 3, 2010, and before January 1, 2011;
  • who have been unemployed or employed for 40 hours or less during the 60-day period ending on the date their employment begins;
  • who are not employed by the qualified employer to replace another employee of that employer; and
  • who are not family members of or related in certain other ways to the employer.

For more information about the HIRE Act and guidance on whether you qualify for the payroll exemption, visit the IRS website at:
http://www.irs.gov/businesses/small/article/0,,id=220745,00.html

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