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Employment of Minors and Near Relatives

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    Title:

    Employment of Minors and Near Relatives

    Publication date:

    11/4/2020

    Effective date:

    11/4/2020

    BRIEF

    Policy Summary

    This policy provides information regarding the employment of minors and near relatives at Lawrence Berkeley National Laboratory (Berkeley Lab).

    Who Should Read This Policy

    This policy applies to non-represented employees. Represented employees should consult their collective-bargaining agreement (CBA).

    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 and Near Relatives

    Publication date:

    11/4/2020

    Effective date:

    11/4/2020

    POLICY

    A. Purpose

    This policy provides information regarding the employment of minors and near relatives at Lawrence Berkeley National Laboratory (Berkeley Lab).

    B. Persons Affected

    This policy applies to non-represented employees. Represented employees should consult their collective-bargaining agreement (CBA).

    C. Exceptions

    Requests that exceed what is allowed under current policy or that are not expressly addressed by current policy are considered exceptions to policy. A request for an exception to policy requires, at a minimum, the approval of the Chief Human Resources Officer (CHRO).

    D. Policy Statement

    1. Employment of Minors. Berkeley Lab may employ individuals who are under age 18.
      1. Eligibility. To be eligible for employment, minors must provide valid documentation showing that they have parental consent and:
        1. Are least 14 years of age at the start of the appointment;
        2. Are enrolled in and in good academic standing at an accredited educational institution;
        3. Are able to provide a fully executed work permit before starting the appointment. California state law requires a Permit to Employ and Work for all persons under age 18 who have not yet graduated from high school.
          1. Individuals under the age of 18 who have graduated, or have been awarded, a certificate of proficiency pursuant to Section 48412 of the California Education Code do not need a work permit.
          2. Minors visiting from out of state or country may obtain a permit issued by a local school district.
      2. Approval for Employment. Appointments for minors must be approved by the hiring supervisor's division director and the CHRO.
      3. Minors in Laboratories and Shops
        1. Minor appointments assigned to a laboratory setting are subject to the University of California Policy on Minors in Laboratories and Shops.
        2. Minors assigned to work in areas where ionizing radiation is used require clearance from the Environment, Health & Safety Division's Radiation Protection Group (RPG). Berkeley Lab does not permit minors access to any area where an annual radiation dose may exceed 100 mrem.
      4. Reporting Child Abuse and Neglect. Employment of minors is subject to the reporting requirements defined in the University of California policy on Reporting Child Abuse and Neglect. The minor's supervisor and any other individual identified by the supervisor as having regular direct contact with or having responsibility for overseeing the activities of the minor are designated as Mandated Reporters and must execute the Statement Acknowledging Requirement to Report Child Abuse form in accordance with the Child Abuse and Neglect and Reporting Act (CANRA) California law.
        1. Background Checks. Any individuals (including Employees, Affiliates, and Contract Workers) who are identified as Mandated Reporters are subject to background checks at the expense of the hiring division.
    2. Employment of Near Relatives
      1. In accordance with the Recruitment and Hiring policy, the employment of near relatives in the same division may only be permitted when such simultaneous employment serves the best interests of Berkeley Lab. To avoid a conflict of interest, an employee may not participate in the process of reviewing or decision-making on any matter concerning the appointment, promotion, salary, retention, termination, or other management decisions or personnel related decisions regarding a near relative.
      2. Employment of near relatives requires prior approval by the CHRO when near relatives would:
        1. Have a direct or indirect supervisory relationship with each other; or
        2. Have the same immediate supervisor; or
        3. When two employees become near relatives and any of the work situations listed above apply.
      3. For purposes of this policy, a near relative is defined as an employee’s relationship by blood, adoption, marriage, or domestic partnership, including:
        1. Spouse; domestic partner; parent; child; sibling; aunt/uncle; niece/nephew; first cousin; and
        2. In-laws or step-relatives in one of these relationships, including relatives of an employee’s domestic partner in one of the relationships listed above; or
        3. Other persons for whom the employee is legally responsible.

    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

    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 par 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.

    Minor

    Any person under the age of 18 years required to attend school under the provisions of the California Education Code

    G. Recordkeeping Requirements

    None

    H. Implementing Documents

    None

    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

    3/8/2017

    1.2

    M. Stoufer

    Update "Chief Operating Officer" position title to "Deputy Director for Operations"

    All

    Editorial

    11/4/2020

    2

    W. Crosson

    • Policy title change from "Employment of Minors, Near Relatives, and Domestic Partners" to "Employment of Minors and Near Relatives"
    • Revised Employment of Minors section: changed minimum age from 15 to 14; added section on Minors in Laboratories and Shops; added section on Reporting Child Abuse and Neglect; removed Mentors section
    • Revised Employment of Near Relatives section: added aunt, uncle, niece, nephew and first cousin to near relative list to align with UC policy; removed near relatives working in a close working relationship and working in the same department or group from CHRO approval criteria; removed criteria that minors may not work in same group as near relative
    • Added definition for "minor"
    • Removed documents with no or broken links from Section H

    All

    Minor

    DOCUMENT INFORMATION

    Title:

    Employment of Minors and Near Relatives

    Document number

    02.04.003.000

    Revision number

    2

    Publication date:

    11/4/2020

    Effective date:

    11/4/2020

    Next review date:

    11/4/2023

    Policy Area:

    Recruitment

    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

    Implementing Documents

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