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Employment of Minors, Near Relatives, and Domestic Partners

    Title:

    Employment of Minors, Near Relatives, and Domestic Partners

    Publication date:

    12/1/2014

    Effective date:

    6/30/2011

    BRIEF

    Policy Summary

    This policy provides information when employing individuals under age 18 and near relatives including domestic partners.

    Who Should Read This Policy

    All employees

    To Read the Full Policy, Go To:

    The POLICY tab on this wiki page

    Contact Information

    For more information, contact your division's Human Resources Center.
    Feedback on HR policies or procedures is welcomed. Send comments to hrpolicies@lbl.gov.

    Title:

    Employment of Minors, Near Relatives, and Domestic Partners

    Publication date:

    12/1/2014

    Effective date:

    6/30/2011

    POLICY

    A. Purpose

    This policy provides information for employing individuals under age 18 and near relatives, including domestic partners, at Lawrence Berkeley National Laboratory (Berkeley Lab).

    B. Persons Affected

    This policy applies to all employee classifications: CareerTermFacultyPostdoctoral Fellow, LimitedVisiting ResearcherRehired RetireeGraduate Student Research Assistant (GSRA), and Student Assistant. This policy applies to nonrepresented employees. Represented employees should consult their collective-bargaining agreement.

    C. Exceptions

    Unless there is explicit and specific authorization for an action by this policy, the action is considered to be a variation from the policy and must be approved in advance by the Chief Human Resources and Diversity Officer (CHRO).

    D. Policy Statement

    1. Employment of Minors: Under specific circumstances, Berkeley Lab may employ persons who are under age 18.
      1. Eligibility: The minor must be:
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        1. At least 15 years of age at the time of hire for any position
        2. A U.S. citizen or permanent resident
        3. Enrolled in an accredited high school as a junior or senior in good standing
          1. The student is required to submit a current transcript with his or her employment application.
        4. Attending a school in the San Francisco Bay Area
        5. Able to provide a valid work permit
      2. Approval for Employment
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        1. Persons under age 18 will not be employed unless specific approval is obtained from the division director and the CHRO.
        2. When a person under age 18 is hired or assigned to work in areas where ionizing radiation is utilized, the hiring division or department will contact the Environment, Health & Safety Division for final clearance. Berkeley Lab does not permit minors access to any Laboratory area where an annual dose in excess of 100 mrem is possible.
      3. Work Permit: California state law requires work permits for all persons under age 18 who have not yet graduated from high school. Individuals under the age of 18 who have been awarded a certificate of proficiency pursuant to Section 48412 of the California Education Code do not need a work permit.
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      4. Mentor
        1. A minor is assigned to a mentor, who may also be his or her direct supervisor. The mentor is required to provide a description of work the minor will be performing.
        2. A mentor to a student in a Berkeley Lab educational program such as the Center for Science and Engineering Education's (CSEE's) programs is required to complete the program's mentor-training workshop.
    2. Employment of Near Relatives, Including Domestic Partners
      1. Employment of near relatives, including domestic partners in the same department or work group, may be permitted when such concurrent employment would be in the best interest of Berkeley Lab.
      2. Employment of near relatives requires the approval of the CHRO when:
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        1. There is a supervisory relationship
        2. The near relative has the same immediate supervisor
        3. There is a close working relationship with a near relative
        4. Near relatives are working in the same department or group
      3. If the request is not approved by the CHRO, the supervisor may request further review by the Chief Operating Officer.
      4. If two employees in any of the above types of working relationships become near relatives, the same approval process must be followed to allow them to continue in the same working relationship.
      5. Minors may not work in the same group with a near relative.

    E. Roles and Responsibilities

    Roles

    Responsibilities

    Chief Human Resources Officer (CHRO)

    Has the functional responsibility for this policy

    Employees

    Have the responsibility to adhere to the provisions of this policy

    Hiring division management

    Has the responsibility to adhere to the provisions of this policy

    HR Department

    Has the responsibility to advise management and employees on how to comply with this policy

    F. Definitions/Acronyms

    Term

    Definition

    Affiliates

    Non-Laboratory employees engaged in on-site Laboratory activities. Affiliates are subject to training in safety and other subjects. They are also issued a Berkeley Lab identification badge. Affiliates may receive system accounts, research access to facilities, and a per diem allowance for housing and living expenses.
    Examples: Facility users, scientific collaborators, students

    Domestic Partner

    The individual designated as an employee’s domestic partner under one of the following methods:

    • Registration of the partnership with the state of California
    • Establishment of a same-sex legal union, other than marriage, formed in another jurisdiction that is substantially equivalent to a state of California-registered domestic partnership
    • Filing of a Declaration of Domestic Partnership form with the University of California

      If an individual has not been designated as an employee’s domestic partner by any of the above methods, the following criteria are applicable in defining domestic partner:
    • The individual is the employee’s sole domestic partner in a long-term, committed relationship with the intention to remain so indefinitely and
    • Neither individual is legally married to someone else or  a partner in another domestic partnership and
    • The individuals are not related by blood to a degree of closeness that would prohibit legal marriage in the state of California and
    • Each individual is 18 years of age or older and capable of consenting to the relationship and
    • The individuals share a common residence and are financially interdependent

    Near Relatives

    Near relatives are parents, children (including the child of a domestic partner), spouses, same- or opposite-sex domestic partners, brothers, or sisters, including in-laws and step-relatives in these relationships. Relatives of the domestic partner who would be covered if the domestic partner were the employee's spouse are also so defined.

    Acronym

    Term

    CHRO

    Chief Human Resources and Diversity Officer

    COO

    Chief Operating Officer

    CSEE

    Center for Science and Engineering Education

    GSRA

    Graduate Student Research Assistant

    HR

    Human Resources

    LBNL

    Lawrence Berkeley National Laboratory

    UC

    University of California

    G. Recordkeeping Requirements

    Role

    Recordkeeping Requirement

    Division HR Center

    If the student is a minor, a work permit and the Parental Consent for Minor at the Lab form are required and are maintained in the student's employee or affiliate file. These forms are in addition to forms required by all employees or affiliates.

    H. Implementing Documents

    Audience

    Document number

    Title

    Type

    Lab Staff

    02.03.001.002

    Parental Consent for Minor at Lab

    Form

    Lab Staff

    UCOP 3301 (11/07)

    UC Benefits for Domestic Partners

    Process and forms

    Lab Staff

    UCOP UBEN 250 (R1006)

    UC Declaration of Domestic Partnership form

    Form

    Lab Staff

    UCOP UBEN 253 (10/06)

    UC Termination of Domestic Partnership form

    Form

    Managers and Supervisors

    02.86.001.001

    Supervisor Responsibilities at Berkeley Lab (BLI0117) (mandatory for new supervisors)

    Training

    Managers and Supervisors

    02.86.001.002

    Supervisor Scenario Workshop – HR Issues (BLI0122) (mandatory for new supervisors)

    Training

    HR Staff

    02.03.011.002

    Student Assistant Offer Letter

    Template

    HR Staff

    02.03.011.003

    Student Assistant Position Description

    Template

    I. Contact Information

    For more information, contact your division's Human Resources Center.
    Feedback on HR policies or procedures is welcomed. Send comments to hrpolicies@lbl.gov.

    J. Revision History

    Date

    Revision

    By Whom

    Revision Description

    Section(s) Affected

    Change Type

    6/30/2011

    0

    M. Bello

    Rewrite for new format in HTML

    All

    Minor

    1/2/2012

    1

    M. Bello

    Rewrite for wiki

    All

    Minor

    12/1/2014

    1.1

    L. Westphal

    Rewrite for Internal Audit finding

    Section D.2.b

    Minor

    DOCUMENT INFORMATION

    Title:

    Employment of Minors , Near Relatives, and Domestic Partners

    Document number

    02.04.003.000

    Revision number

    1.1

    Publication date:

    12/1/2014

    Effective date:

    6/30/2011

    Next review date:

    6/30/2014

    Policy Area:

    Compensation and Work Hours

    RPM Section (home)

    Human Resources

    RPM Section (cross-reference)

    Section 2.01(E)(5)

    Functional Division

    Human Resources

    Prior reference information (optional)

    RPM Section 2.01(E)(5)

    Source Requirements Documents

    • Federal Fair Labor Standards Act (FLSA)
    • University of California Personnel Policies for Staff Members (PPSM) 21, Appointment

    Implementing Documents

    Audience

    Document number

    Title

    Type

    Lab Staff

    02.03.001.002

    Parental Consent for Minor at Lab

    Form

    Lab Staff

    UCOP 3301 (11/07)

    UC Benefits for Domestic Partners

    Process and forms

    Lab Staff

    UCOP UBEN 250 (R1006)

    UC Declaration of Domestic Partnership form

    Form

    Lab Staff

    UCOP UBEN 253 (10/06)

    UC Termination of Domestic Partnership form

    Form

    Managers and Supervisors

    02.86.001.001

    Supervisor Responsibilities at Berkeley Lab (BLI0117) (mandatory for new supervisors)

    Training

    Managers and Supervisors

    02.86.001.002

    Supervisor Scenario Workshop – HR Issues (BLI0122) (mandatory for new supervisors)

    Training

    HR Staff

    02.03.011.002

    Student Assistant Offer Letter

    Template

    HR Staff

    02.03.011.003

    Student Assistant Position Description

    Template

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