By Jessica Hawthorne, CalChamber employment law counsel and HRCalifornia Watchdog blogger
Summer is around the corner; for many employers, it’s time to hire temporary help. Typically, this means reaching out to local school districts to hire students during summer break. This year, however, summer may mean an influx of applications not only from school age students, but their parents. Consult this checklist when hiring for a new position, particularly when the position is traditionally filled by temporary student help.
- Job Description. Prepare or update the applicable job description. Clearly define the essential functions of the job and the required, preferred or optional qualifications for the position. Specify whether it is a temporary or permanent position and consider the wage range your company is willing to offer. This will help you determine the best person for the job, regardless of inclusion in any protected group, such as people over the age of 40.
- Advertise. Using the job description as a guide, consider the appropriate places to advertise the position.
- Review Related Documentation. If this is a position that you fill annually, verify whether you made promises to employees from prior years. If you promised to rehire former employees, the position should be offered to them first.
- Make the Hiring Decision. Once applications are reviewed and interviews completed, make the hiring decision based upon which applicant is most qualified for the job. Document the hiring decision.
If your company hires a minor for the job, consider these points:
Statement of Intent. Be sure you have a valid Form B1-1 (Statement of Intent to Employ Minor and Request for Work Permit) for the current school year and it is on file with the minor’s school district. The school year in California begins each July 1 and ends each June 30. If the student attends a charter school, you must still obtain the work permit from the local school district office.
Parents’ Permission. The student’s parent or guardian must sign the Form B1-1, if the minor is not emancipated. “Emancipated” means a court determined that the minor is no longer subject to his or her parents’ control, and the parents no longer have legal obligations toward their minor child.
Work Permit. The minor’s school district must issue a work permit, Form B1-4 (Permit to Employ and Work), for the current school year. The employer must place a work permit on file in the workplace before the minor begins work.
Other Required Documentation. Be sure the minor receives all required pamphlets and completes necessary paperwork, such as the W-4 and Form I-9. Provide the minor with a copy of your employee handbook and have him or her sign an acknowledgment of receipt.
Compliant Work Schedule. The minor’s work schedule must comply with the specific hours that the minor is permitted by law to work. Members can use CalChamber’s form, Basic Provisions and Regulations - Child Labor Laws, which lists regulations that apply to employing minors. Review this list to make sure that the intended job duties and working conditions comply with state and federal regulations.
Notify Insurance Carriers. Notify workers’ compensation and other liability carriers that you are employing a minor.
Pay at Least Minimum Wage. Pay minors at least minimum wage and overtime if applicable. Keep in mind that minors are not typically allowed to work more than eight hours per day. Give minors all required rest and meal periods.
Training. Provide the same employee training to minors that you provide other new employees, especially safety and harassment training. Consider spending extra time with minors to explain how they can report issues or concerns in the workplace, and provide them with at least two or three employees to whom they can confide. Be sure those employees are trained in your company’s policies and procedures to ensure any issues are promptly addressed. Consider providing minors with a mentor in your organization.