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| label | Brief |
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Title: | Employment of Minors |
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and Near Relatives |
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Publication date: |
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11/ |
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4/2020 |
Effective date: |
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11/ |
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4/ |
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2020 |
BRIEF
Policy Summary
This policy provides information
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regarding the employment of minors and near relatives
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at Lawrence Berkeley National Laboratory (Berkeley Lab).
Who Should Read This Policy
This policy applies to
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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.
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Feedback on HR policies or procedures is welcomed. Send comments to [email protected].
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| label | Policy |
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Title: | Employment of Minors |
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and Near Relatives |
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Publication date: |
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11/ |
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4/2020 |
Effective date: |
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11/ |
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4/ |
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2020 |
POLICY
A. Purpose
This policy provides information
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regarding the employment of minors and near relatives
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at Lawrence Berkeley National Laboratory (Berkeley Lab).
B. Persons Affected
This policy applies to
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non-represented employees. Represented employees should consult their collective-bargaining agreement (CBA).
C. Exceptions
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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
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Officer (CHRO).
D. Policy Statement
- Employment of Minors
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- . Berkeley Lab may employ
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- individuals who are under age 18.
- Eligibility
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- . To be eligible for employment, minors must provide valid documentation showing that they have parental consent and:
- Are least 14
- . To be eligible for employment, minors must provide valid documentation showing that they have parental consent and:
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- years of age at the
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- The student is required to submit a current transcript with his or her employment application.
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- start of the appointment;
- Are enrolled in and in good academic standing at an accredited educational institution;
- Are able to provide a fully executed work permit before starting the appointment. California state law requires a Permit to Employ and Work
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- Persons under age 18 will not be employed unless specific approval is obtained from the division director and the CHRO.
- 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.
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- for all persons under age 18 who have not yet graduated from high school.
- 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.
- for all persons under age 18 who have not yet graduated from high school.
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- 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.
- 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.
- Minors visiting from out of state or country may obtain a permit issued by a local school district.
- Approval for Employment. Appointments for minors must be approved by the hiring supervisor's division director and the CHRO.
- Minors in Laboratories and Shops
- Minor appointments assigned to a laboratory setting are subject to the University of California Policy on Minors in Laboratories and Shops.
- 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.
- Reporting Child Abuse and Neglect. Employment of minors is subject to the reporting requirements defined in the[ |https://policy.ucop.edu/doc/4000603/CANRA]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.
- 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.
- Employment of Near Relatives
a. 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.
b.Employment of near relatives requires prior approval by the CHRO when near relatives would:
- Have a direct or indirect supervisory relationship with each other; or
- Have the same immediate supervisor; or
- When two employees become near relatives and any of the work situations listed above apply.
c. For purposes of this policy, a near relative is defined as an employee's relationship by blood, adoption, marriage, or domestic partnership, including:
- Spouse; domestic partner; parent; child; sibling; aunt/uncle; niece/nephew; first cousin; and
- 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
- Other persons for whom the employee is legally responsible
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- There is a supervisory relationship
- The near relative has the same immediate supervisor
- There is a close working relationship with a near relative
- Near relatives are working in the same department or group
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- .
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 |
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Affiliates
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Domestic Partner | The individual designated as an |
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employee's domestic partner under one of the following methods:
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Near Relatives
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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.
Minor | Any person under the age of 18 years required to attend school under the provisions of the California Education Code |
Acronym | Term |
CHRO | Chief Human Resources and Diversity 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
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Role
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Recordkeeping Requirement
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Division HR Center
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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.
None
H. Implementing Documents
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Audience
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Document number
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Title
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Type
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Lab Staff
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02.03.001.002
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Parental Consent for Minor at Lab
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Form
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Lab Staff
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UCOP 3301 (11/07)
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UC Benefits for Domestic Partners
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Process and forms
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Lab Staff
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UCOP UBEN 250 (R1006)
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UC Declaration of Domestic Partnership form
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Form
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Lab Staff
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UCOP UBEN 253 (10/06)
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UC Termination of Domestic Partnership form
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Form
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Managers and Supervisors
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02.86.001.001
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Supervisor Responsibilities at Berkeley Lab (BLI0117) (mandatory for new supervisors)
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Training
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Managers and Supervisors
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02.86.001.002
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Supervisor Scenario Workshop – HR Issues (BLI0122) (mandatory for new supervisors)
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Training
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HR Staff
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02.03.011.002
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Student Assistant Offer Letter
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Template
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HR Staff
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02.03.011.003
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Student Assistant Position Description
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Template
None
I. Contact Information
For more information, contact your division's Human Resources Center.
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Feedback on HR policies or procedures is welcomed. Send comments to [email protected].
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 |
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11/ |
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4/2020 |
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2 | W. Crosson |
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| All | Minor |
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DOCUMENT INFORMATION
Title: | Employment of Minors |
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and Near Relatives |
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Document number | 02.04.003.000 |
Revision number |
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2 |
Publication date: |
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11/ |
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4/2020 |
Effective date: |
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11/ |
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4/ |
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2020 |
Next review date: |
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11/4/2023 | |
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, Selection and 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) | Process and forms | |
Lab Staff | UCOP UBEN 250 (R1006) | Form | |
Lab Staff | UCOP UBEN 253 (10/06) | 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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| group | rpm2-admins |
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| label | Additional Information |
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- University of California policy on Reporting Child Abuse and Neglect
- University of California Policy Minors in Laboratories and Shops
- Code of Federal Regulation, Title 10 Energy, Part 835 - Occupational Radiation Protection (10CFR835), section 207
- State of California Department of Industrial Relations, Information on Minors and Employment
Implementing Documents
ADDITIONAL INFORMATION
Title: | Employment of Minors |
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and Near Relatives |
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Document number | 02.04.003.000 |
Revision number |
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2 |
Publication date: |
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11/ |
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4/2020 |
Effective date: |
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11/ |
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4/ |
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2020 |
Next review date: |
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11/4/2023 | |
Policy Area: | Compensation & Work Hours |
RPM Section (home) | Human Resources |
RPM Section (cross-reference) | Section 2.01(E)(5) |
Functional Division | Human Resources |
Author name/contact info |
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Wade Crosson | |
Revision 0 publication date | 6/30/2011 |
Retirement date | n/a |
Prior reference information (optional) | RPM Section 2.01(E)(5) |
Inputs from more than one Functional Area? | No |
List additional Functional Areas & contacts |
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Inputs from more than one Policy Area? | No |
List additional Policy Areas & contacts |
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30-day notification needed? | No |
30-day start date | n/a |
30-day end date | n/a |
LDAP protected? | No |
Need TABL reminders? | No |
Frequency | n/a |
Brief reminder text: | n/a |
<ac:structured-macro ac:name="unmigrated-wiki-markup" ac:schema-version="1" ac:macro-id="160995d9-8cda-4850-b28a-e13fa97406ab"><ac:plain-text-body><![CDATA[ | Approval Sheet for this revision received (date) |
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[Note: author is responsible} |
| ]]></ac:plain-text-body></ac:structured-macro> |
Key labels/tags:
employment of minors, minors, domestic partners, students, student assistance, mentor, work permit, near relatives, family members, family, employment of near relatives, employment of family members, employment of family
New terms that need to be added to Glossary/Acronym list:
- (list items not found and context (Policy Area name) – full definition would be included in Policy)
- Minor (Recruitment)
Implementing Documents restricted to department/functional use
(optional – these will be used for tracing between requirements and associated documents)
Document number | Title |
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UCOP 3301 1107
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UC Benefits for Domestic Partners
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UCOP UBEN 250 (R1006)
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UC Declaration of Domestic Partnership form
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UCOP UBEN 253 (10/06)
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UC Termination of Domestic Partnership form
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02.86.001.001-01
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Supervisor Responsibilities Training
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02.86.001.002-01
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Supervisor Scenario Workshop — HR Issues
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02.03.011.002-01
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Student Assistant Offer Letter template
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02.03.011.003-01
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Student Assistant Position Description template
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