Question: I am planning to hire some high school students to work at my business over the summer. Are there any special considerations I need to know when hiring minors?
Answer: Yes. In addition to protection afforded by California’s general wage and hour laws, additional child labor laws apply when employing minors.
Work Permits
Before hiring a minor, the minor’s school must issue a work permit. The minor’s parent or legal guardian and employer must complete the “Statement of Intent to Employ Minor and Request for Work Permit” and provide it to the minor’s school, who then issues the work permit. The permit typically states the maximum number of hours a minor may work in a day and week and the range of hours during the day that a minor may work. There is a difference between the number of hours minors are permitted to work when school is in session compared to when school is not in session over the summer months. Employers should not have a minor perform any work until the work permit is issued. Permits issued during the school year expire five days after the opening of the next school year and must be renewed. Permit requirements do not apply to minors who have graduated from high school.
Mandated Reporter Requirements
The Child Abuse and Neglect Reporting Act requires that certain individuals who work with children, known as “mandated reporters,” report to specified law enforcement and county social services departments whenever they, in their professional capacity or within the scope of their employment, have knowledge of or observe a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect. Mandated reporters include:
- “Human resource employees” of a business with 5 or more employees that employs minors; and
- Any adult employee whose duties require direct contact with and supervision of minors in a business with 5 or more employees.
The law defines “human resource employees” as any employee designated by the employer to accept any complaints of misconduct made under California’s Fair Employment and Housing Act. For example, if the employer’s harassment prevention policy directs employees to report harassment to their supervisor, human resources, or any manager, then all those individuals are mandated reporters. Human resource employees must report all types of child abuse or neglect, while employees whose duties require direct contact with minor employees are only required to report sexual abuse. Employers must provide training in child abuse and neglect identification and reporting to all mandated reporters in their business. When hiring minors, employers should identify which employees are mandated reporters and ensure compliance with all mandated reporter requirements.
Restrictions on Specified Industries
Under federal and California law, minors are prohibited from performing certain jobs. For example, minors under age 18 cannot work in “hazardous” occupations, such as roofing, and minors under 16 cannot perform work requiring the use of ladders or scaffolds. Employers should ensure they are following all applicable laws based on the minor’s specific age and the employer’s industry. The Department of Industrial Relations publication on California Labor Laws provides guidance on employing minors. This publication is available at https://www.dir.ca.gov/dlse/ChildLaborLawPamphlet.pdf.