An Administrator's Guide to California Private School Law

Chapter 3 – Hiring

A school that requests more or different documents than are required by the Form I-9 or rejects reasonably genuine-looking documentation may be liable for “document abuse.” 374 For example, a school may not request that a new hire present his or her permanent resident card as proof of work authorization where other Form I-9 documents are sufficient to establish work authorization.

Section 12 M INORS A minor is a person under 18 years of age who is required by the Education Code to attend school. 375 For a comprehensive guide including procedures regarding hiring minors, prohibited occupations, and permissible work hours, see the California Department of Industrial Relations, Division of Labor Standards Enforcement’s Child Labor Laws booklet. 376 A. O BTAINING A “P ERMIT T O E MPLOY A ND W ORK ” In general, all minors under 18 years of age employed in California must have a permit to work. 377 Prior to permitting the minor to work, employers must possess a valid “Permit to Employ and Work” issued by the minor’s school. Typically, after an employer agrees to hire a minor, the minor then obtains from his or her school a brief application form with the title “Statement of Intent to Employ Minor and Request for Work Permit”. 378 The application form is completed by the minor and the employer and signed by the minor’s parent or guardian and the prospective supervisor. 379 After returning the completed and signed application form to the school, school officials may then issue the Permit to Employ and Work. 380 Permits are always required, even when school is not in session. Permits are issued for specific employment at a specified address. 381 Permits contain the maximum number of hours a minor may work in a day and week, the range of hours during the day that a minor may work, any occupational limitations, and any additional restrictions imposed at the school’s discretion. Depending on the minor’s particular circumstances or school policy, school officials may impose additional restrictions at their discretion. Permits issued during the school year expire five days after the opening of the next succeeding school year and must be renewed. 382 B. O THER A PPLICABLE L AWS The Fair Labor Standards Act (“FLSA”) applies to child labor. 383 Minors must be paid at least the minimum wage and applicable overtime rates established by the California Industrial Welfare Commission. 384 Minors under 18 may not be employed for the “primary or principal purpose” of driving a motor vehicle on the highways or streets. 385 Employers must follow all Cal/OSHA health and safety laws regarding young workers on the job. For a further discussion of wage and hour laws and the employment of minors, see discussion in the Wage and Hour Laws Chapter.

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 102