Hiring a Minor? Privileges for Smokers?

Question 1: What do I need to know about hiring a minor for part-time data entry?

Answer: All minors — those under the age of 18 who have not graduated from high school — are required to have a valid work permit, which expires five days after the opening of the school year. All work permits must be kept on file at the place of employment and should be available for inspection by school authorities and Division of Labor Standards Enforcement (DLSE) officials at all times.

Minors ages 6–15 years of age must attend school full time, excluding vacation periods, etc. Minors who 16–17 years of age who have not graduated from high school or received a certificate of proficiency must also attend school, but they may attend part time.

When school is in session, minors 14–15 years of age may not work more than three hours in any school day or eight hours in any non-school day — in any case, no more than 18 hours in one week. When school is not in session, they may not work more than eight hours in a day, and no more than 40 hours in a week. In addition, all work must be completed between 7:00 a.m. and 7:00 p.m. Between June 1 and Labor Day, however, minors may work until 9:00 p.m.

When school is in session, minors 16–17 years of age may not work more than four hours in any school day or eight hours in any non-school day — in any case, no more than 48 hours in one week. When school is not in session, they many not work more than eight hours in a day, and no more than 48 hours in a week. In addition, all work must be completed between 5:00 a.m. and 10:00 p.m., unless it is the day before a non-school day, in which case they many work until 12:30 a.m.

All other requirements relating to other employees — i.e., minimum wage, workers’ compensation coverage, discrimination, etc. — may also apply to minors who are employed.

Question 2: I have a limited number of nurses on staff, and they often take many smoke breaks throughout the day. What is the California law regarding rest periods, especially for smokers?

Answer: Smokers do not have special privileges for rest periods. In California, a rest period is based on the total number of hours worked daily and must be at the minimum rate of a net ten consecutive minutes for each four-hour work period or major fraction thereof. The Division of Labor Standards Enforcement (DLSE) considers anything more than two hours to be a “major fraction” of four. A rest period is not required for employees whose total daily work time is less than three-and-one-half hours. The rest period is counted as time worked, and, therefore, the employer must pay for such periods. Since employees are paid for their rest periods, they can be required to remain on the employer’s premises during such periods.

Sources:

• First question: Interview with Terry Greene from the law offices of Simpson Delmore Greene LLP.
• Second question: The California Department of Industrial Relations, www.dir.ca.gov/dlse/FAQ_RestPeriods.html.