School’s (Almost) Out for Summer: What to Know When Hiring Minors in California

Summer is just around the corner, and you might be considering hiring a teen to work at your business over the break. Hiring a minor is a terrific way to give a young person exposure to the working world,  and training a teen can help you widen your talent pool for temporary or seasonal workers.  Keep in mind that there are some very important rules to follow if you are hiring a person under the age of 18. Read on to make sure your summer hiring plans stay on track.

Obtain A Work Permit Before the Minor Starts Work.

With limited exceptions, minors under age 18 need a work permit before they start working. Permits are required even when school is not in session.

Permits are issued by the local public school or superintendent based on where the minor lives.

Getting a permit is a multi-step process, so make sure you leave enough time for the following:

• The minor obtains a permit application from their school or the Office of Education where they reside;
• The minor, their parent or guardian, and the employer who plans to hire the minor complete their sections of the application;
• The application is returned to the school or superintendent for approval;
• If approved, the minor returns the permit to the employer, who keeps the permit on file.

Permits are for specific employment at a specified address - and they expire at the beginning of the next school year.  Be prepared to get a new permit as needed.

The Permit Process is Different For the Entertainment Industry.   

The process for acquiring a work permit for a minor in the entertainment industry is different from the process to obtain a standard work permit. The DLSE issues permits directly rather than the minor’s school.  For more information about entertainment industry permits for minors, visit the DIR website.

Pay Attention to Restrictions on Hours of Work and Hazardous Activities.

Federal and state rules restrict minors’ hours of work and performance of hazardous tasks. Restrictions generally vary by industry, the minor’s age, and whether school is in session. The Division of Labor Standards Enforcement has developed a Summary Table of these requirements.

• Remember, the school can place additional limitations on the minor’s work—so make sure to read the permit carefully.

Other Requirements

In addition to respecting limitations on the hours minors can work, remember that minors have the same wage and hour protections as adult employees, such as meal and rest breaks, days of rest, minimum wage, and overtime pay requirements.

• Employers frequently ask whether a minor can work as an unpaid “intern.” The answer is probably not.  To be exempt from wage and hour requirements, the intern must be a student enrolled in an accredited academic program and be receiving academic credit for the internship, or be in a program approved by a public agency to provide training, and the program must meet certain criteria under both California and federal laws.  Members needing more information can review CEA’s Internships Fact Sheet.

Businesses with 5 or more employees must be aware of two important training requirements:

• Harassment prevention training (HPT) must be provided to all employees, including minors, every two years. For temporary or seasonal hires, HPT must occur by the earlier of 30 days of hire or the completion of 100 hours of work.
• If the business employs any minors, Human Resources employees authorized to receive employee complaints and any adult supervising minors in the workplace are mandated reporters under California law and, among other requirements, must receive Mandated Reporter training.

Hiring minors provides many advantages, both to the employee and to the business, but it does require commitment to some additional rules.  If you have questions, please contact us.  Members can use our Employing Minors Toolkit for step-by-step guidance.