Santa Clara University HR: Staff Policy Manual: Policy 206

Human Resources » Staff Policy Manual » Policy 206 - Employment of Minors

Policy 206 - Employment of Minors

STATEMENT

Santa Clara University abides by legal requirements under federal and state law concerning the employment of individuals under age 18 in California. The guidelines do not apply to Santa Clara University student employees but to other minors under 18 years of age. The law prohibits employment of minors under age 14.

The University will adhere to applicable laws concerning employment of minors. Supervisors will ensure that:

employment is not detrimental to the minor’s health or welfare
the minor will be adequately supervised; and
employment does not interefere with the minor’s education

PROCEDURES

Definitions

A minor is any person under the age of 18 years who is required to attend school under the provisions of the Education Code. Non-residents of the state who would be subject to California’s compulsory education laws if they were residents also are considered minors and are subject to all the requirements, work hour restrictions and all occupational prohibitions.

Work Permit

Under no circumstances shall a minor under the age of 14 be employed, regardless of permit status (Federal Fair Labor Standards Act). Employers wishing to employ minors over the age of 14 must submit a "Request for Work Permit and Statement of Intent to Employ Minor" (Form B1-1) obtained from the school district of attendance of the minor. Both the employer and employee must sign Form B1-1. In return the employee must submit a "Permit to Employ and Work" (Form B1-4) to Human Resources.

Hours of Work

The number of hours a minor may work, as well as the permitted spread of hours, varies depending on the age of the minor, and the time of year in which the work is performed. Assuming proper work permits are submitted, see the following chart for permitted work hours.

School in Session

School not in Session

Spread of Hours

Ages 14-15

3 hours daily. 18 hours weekly, but must be outside school hours. Under work experience education, minor may work up to 23 hours per week, any portion of which may be during school hours.

8 hours daily. 40 hours weekly.

7am-7pm (-9pm June 1 through Labor Day).

Ages 16-17

4 hours during days preceding a school day. 8 hours on non-school days or days preceding a non-school day. 48 hours weekly. Part time students may work during the regular school hours of the school district, but such work may not interfere with their part-time schooling requirements.

8 hours daily, 40 hours weekly

5am-10pm

(-12:30am on days preceding a non-school day). Work Experience Education enrollees may work until 12:30am on any day with approval. High School graduates may work the same hours as adults.