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View Full Version : Legalities of a minor on the payroll . . .
SoftWareRevue 10-30-2001, 02:11 AM That's it. . . . I need to know if anyone has ever hired a minor (as defined in U.S.).
Is it even possible? I think there are a lot of talented young people that could be useful in business. Maybe, even as some part time support. Some are definately good at design.
I don't know. But, I've been approached, and want to know what others do.
netsolutions 10-30-2001, 02:29 AM I would really be interested in knowing what other people think about this because I had just turned 16 when I started my first hosting and design business.
cbaker17 10-30-2001, 02:36 AM Kids can get a work permit very young, the problem is most can only work so many hours and only during certain periods, such as not after 7pm etc, its pretty restrictive. But yes it is legal and possible.
sqposter 10-30-2001, 03:02 AM Well besides the fereral in min. wage rules. you have state rules and county/local rules.
I ask my lawyer if these guild lines were good and have been using them now for 6 years In NJ, you have to pay Minimum wage or better. In hudson, bergen and essex county, 3-4 hours per not to exceed 8 pm. Don't exceed 20 hours per week. You must have a full employment application on file with contact numbers in case of emergency. 2 forms of ID required ( SS card not valid) or 1 picture ID from the state, local or federal.
If you have more than 15 employees then you are going to be subject to Federal and state and county work occupation rules ( osha and others already start at 8 or 9 ).
MAKE sure you have a policy manuel on file, Kids because they still are kids can get themselves in alot of "trouble" within or on company property example - sexual harassment, drugs, threats ...
-Sqposter / Michael
WebHostin 10-30-2001, 03:13 AM Hey
I worked from 16-19 as a "contractor" for a hosting
company which worked out pretty well. Aslong as it falls
inbetween the correct hours that the law sets, which is different
from state to state.
--Brad
OmniSlash 10-30-2001, 03:57 AM I'm 16, and I've designed for companies in my town before, legally. So i'm sure we under 18 years old kids can work:)
SoftWareRevue 10-30-2001, 10:34 AM How about; when I'm in the U.S. and the minor is in a different country. And the only way he'll be coming to work, is on the net.
For the sake of argument . . . . Does anyone know both parties rights and responsibilities when one, living in the United States, hires a minor living in Australia?
cperciva 10-30-2001, 11:34 AM I don't know about US laws, but under Canadian law many people working over the internet would be considered as self-employed, and thus all sort of labor laws wouldn't apply. Generally speaking, if someone determines their own hours, works from their own residence using their own equipment, and are paid based on the result of their work, they are considered to be self-employed.
NetDotHost 10-30-2001, 05:37 PM WOW. You guys in the US have some pretty harsh regulations regarding hiring minors. In Canada, I don't think there are any time restrictions, and you can get a job at about any age if somebody will give it to you. (I am not a lawyer so don't quote me on this, but I am pretty sure thats right.)
Also, I am pretty sure that you can get around most of the obstacles by hiring them for contract work.
Jason Ellis 10-30-2001, 06:49 PM In my experience, the vast majority of restrictions on minor employment (erm... employment of minors) in the U.S. are set by the state government rather than the federal government. While there are some federal guidelines, the vast majority from my experience are on the state level.
Here in Massachusetts, there are two tiers - one for minors 14-15, one for minors 16-17.
Minors 14-15:
1. Can't work past 7 p.m.
2. Can't work more than 5 hours per day.
3. Can't work more than 20 hours per week.
Minors 16-17:
1. Can't work past 10 p.m.
2. Can't work more than 8 hours per day during the school year.
3. Can't work more than 40 hours per week during the school year.
Now, in your situation, where the minor is not being employed at your premesis, then yes, they'd be considered self-employed. Set up an independant contractor relationship, and have their parent/guardian sign off on that, and you should be in ok shape. Just be sure to treat them as self-employed.
Now... if the minor is outside the U.S. and you're inside the U.S. - well, I have absolutely no idea what you might run into there. I've always avoided hiring non-U.S. contractors because I just don't want to run into problems.
Good luck,
Jason
Lawrence 10-30-2001, 07:41 PM Originally posted by SoftWareRevue
How about; when I'm in the U.S. and the minor is in a different country. And the only way he'll be coming to work, is on the net.
For the sake of argument . . . . Does anyone know both parties rights and responsibilities when one, living in the United States, hires a minor living in Australia?
I'm not sure of the technicalities in such a situation, but in Australia, the only restriction is that they're 15 years of age (I think technically it may be 14 and 9 months).
That's it.
At least that's all I'm aware of. I would guess that they would be considered self-employed (if a contractor, I believe that at least for tax purposes they can choose to be considered as self-employed or employed). I can't see any reason as to why they'd come under U.S. law instead of Australian law, unless the U.S. law targets the employer (eg: you can only hire staff under these conditions) rather than the employee (eg: you can only be hired under these conditions).
I'm far from being a lawyer, however...
You may find Australian employment conditions on a government site somewhere. Union conditions may come into play, but I would think it highly unlikely that the person you're considering employing is involved in a trade union!
TheMMIz 10-30-2001, 08:20 PM These are the labor laws for the state I live in. This is for people from the age of 16-18 taken almost directly off of a application form.
If you go to any High School and ask them for a work permit, they will give them to you, as the school is required to have them and sign them prior to the start of any job.
During a school year:
1. You may not work more than 20 hours a week. This inludes breaks
2. You are required to take One 30 minute break every 5 hours (4 hours and 59 seconds to be exact).
3. Your hours of employment can not go past 10 PM.
During a long break (such as summer)
The biggest change is one is allowed to work 40 total hours per week, but breaks are still required.
Just thought I would add my 2 cents :)
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