Question: Can we employ a minor who is age 16?

Answer: Yes, but there are restrictions on the employment of minors under the age of 18 that would apply in this case. You must acquire the required work permit before employing a minor. Permits are required year-round, even when school is not in session; they are issued in one school year and expire five days after a new school year begins.  We recommend ensuring the minor’s work schedule complies with the number of hours and days permitted by law.  You can review these requirements in the California Child Labor Law pamphlet which can be found by clicking here.

Employers must keep on file all minors’ Permit to Employ and Work, which must be available at all times for inspection by school authorities and officers of the Division of Labor Standards Enforcement.

Below is the step by step process to obtain a “Permit to Employ and Work”:

  1. Employer agrees to hire a minor
  2. Minor obtains from his/her school a “Statement of Intent to Employ Minor and Request for Work Permit” Form B1-1. (Click here for the B1-1 form.)
  3. The “Statement of Intent to Employ a Minor and Request for a Work Permit” is completed by the minor and the employer, and signed by the minor’s parent or guardian and employer.
  4. The minor will take completed “Statement of Intent to Employ a Minor and Request for a Work Permit” to their school.
  5. The school will then issue a “Permit to Employ and Work” Form B1-4. The employer must keep the “Permit to Employ and Work” on file.

Please call your HR Consultant if you have further questions.