Employing a minor may seem like a daunting task with the many rules and regulations governing their employment. However, in light of the novel coronavirus and resulting scarcity of workers available to support the staffing needs of restaurants, cafes, and other hospitality-based businesses, it may be time to expand your hiring criteria and hire younger workers. Many high school age kids are eager to take on a part-time or seasonal job. Although there is extra protocol you must follow upon hiring a minor and work-related restrictions you will have to follow, they are pretty straight forward.
There are federal regulations in place through the Fair Labor Standards Act (FLSA) that control the days and hours a minor can work, the protocol for employing minors, and the industries in which they can work. However, if your business is in California, you will have to abide by California’s Child Labor Laws. As is true for the majority of California’s employment regulations, the state’s child labor laws take further precautions to protect the rights of workers under the age of 18. This means that the laws tend to be more restrictive than under the FLSA. Overall, California’s laws seek to promote attendance in school, limit late work nights for students, and ensure that minors are not being over worked.
General Employment Restrictions Apply
To start, you will have to abide by the general minimum wage, overtime pay, meal and rest break, and record keeping requirements that apply to the rest of your workforce. (See for example, Industrial Welfare Commission Wage Order No. 5-2001, governing the wages, hours, and working conditions of restaurants)
Are The Minors Required to Attend School?
School attendance is required for all employed minors who have not received a high school degree or equivalent. California places the most restrictions on 12- to 15-year-olds, requiring that they continue attending school full time (unless they have graduated high school or received an equivalent degree). 16- and 17-year-olds can work and attend school part time depending on the circumstances. Additionally, students age 15 or older can participate in work experience education which allows them to work more hours during the school year.
What Permits are Required?
Work permits are required for all employed minors except in very limited circumstances. There are two work permits that you must receive from your minor employee, and which must be renewed at the beginning of each school year. First, you must complete a Statement of Intent to Employ a Minor and Request for a Work Permit, then you must receive a Permit to Employ and Work from the minor’s school which outlines the student’s maximum work hours permitted.
How Many Hours Can a Minor Work?
The work hours that a minor is allowed to work depends on their age, whether school is in session, and the day of the week.
- Minors ages 12 and 13 are not permitted to work on any school days, they may be employed to work only weekends, school holidays, and while school is not in session.
- When school is in session, minors ages 16 and 17 may be permitted to work
- Up to 4 hours on a school day (exception: if the minor is enrolled in work experience education, they may work up to 8 hours on a school day)
- Up to 8 hours on a non-school day
- Up to 8 hours on any day preceding a non-school day
- Up to 48 hours per week
- When school is in session, minors ages 14 and 15 who have completed 7th grade may be permitted to work
- Up to 3 hours on a school day which must take place outside of school hours (exception: if the minor is enrolled in work experience education, they may work during school hours)
- Up to 8 hours on any non-school day
- Up to 18 hours per week (exception: if the minor is enrolled in work experience, they may work up to 23 hours per week)
- When school is not in session, minors ages 12 through 15 may be permitted to work
- Up to 8 hours per day
- Up to 40 hours per week
- When school is not in session, minors ages 16 and 17 may be permitted to work
- Up to 8 hours per day
- Up to 48 hours per week
Does California Restrict the Times that Minors can Work?
California also regulates how early and how late a minor can work throughout the year.
- Minors ages 12 through 15 may be permitted to work between:
- 7:00 AM and 7:00 PM, regularly
- 7:00 AM and 9:00 PM during summer months (June 1 through Labor Day)
- Minors ages 16 and 17 may be permitted to work between:
- 5:00 AM and 10:00 PM, regularly
- 5:00 AM and 12:30 AM on any evening preceding a non-school day
- 5:00 AM and 12:30 AM on any night if the minor is enrolled in work experience education
If you currently employ, or are considering employing minors to work at your business, contact Kitchin Legal for advising and assessment of your employment policies.