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| Title: | Employment of Minors , and Near Relatives, and Domestic Partners | Publication date: | 31/817/20172024 | Effective date: | 61/3017/20112024 |
BRIEFPolicy SummaryThis policy provides information when employing individuals under age 18 regarding the employment of minors and near relatives including domestic partnersat Lawrence Berkeley National Laboratory (Berkeley Lab). Who Should Read This PolicyThis policy applies to all 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 For more information, contact your division's Human Resources CenterHR Field team. Feedback on HR policies or procedures is welcomed. Send comments to [email protected]. |
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| Title: | Employment of Minors , and Near Relatives, and Domestic Partners | Publication date: | 31/817/20172024 | Effective date: | 61/3017/20112024 |
POLICYA. PurposeThis policy provides information for employing individuals under age 18 regarding the employment of minors and near relatives , including domestic partners, at Lawrence Berkeley National Laboratory (Berkeley Lab). B. Persons AffectedThis policy applies to all non-represented employees. Represented employees should consult their collective-bargaining agreement (CBA). C. ExceptionsUnless 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 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 and Diversity Officer (CHRO). D. Policy Statement- Employment of Minors: Under specific circumstances, . Berkeley Lab may employ persons individuals who are under age 18.
- Eligibility: The minor must be:
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Sidebar-EmployMinor1 | . To be eligible for employment, minors must provide valid documentation showing that they have parental consent and:- Are least 14
Sidebar-EmployMinor1 | - At least 15 years of age at the time of hire for any position
- A U.S. citizen or permanent resident
- Enrolled in an accredited high school as a junior or senior in good standing
- The student is required to submit a current transcript with his or her employment application.
- Attending a school in the San Francisco Bay Area
- Able to provide a valid work permit
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Sidebar-EmployMinor2 | Sidebar-EmployMinor2 | - 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.
- 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
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 graduated, or 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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Sidebar-EmployMinor3 | Sidebar-EmployMinor3 | - Mentor
- 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 Chief Human Resources Officer.
- 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 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.
- Telework. Minors are eligible for telework arrangements based on business need and at the discretion of division management in accordance with the Flexible Work policy. However, minors are not eligible for out-of-state full-time remote work due to the liability that may be incurred related to out-of-state child labor laws.
- Employment of Near Relatives
- 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.
- 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.
- 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
Employment of Near Relatives, Including Domestic Partners- 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.
Employment of near relatives requires the approval of the CHRO when: Include Page |
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Sidebar-EmployMinor4 | Sidebar-EmployMinor4 | - 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
- If the request is not approved by the CHRO, the supervisor may request further review by the Deputy Director for Operations.
- 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.
- Minors may not work in the same group with a near relative
- .
E. Roles and ResponsibilitiesRoles | 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 DepartmentDivision | Has the responsibility to advise management and employees on how to comply with this policy |
F. Definitions/AcronymsAffiliates | 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 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
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style | margin:12px 0 12px -35px; font-size: 14px;line-height: 18em;
If an individual has not been designated as an
| employee’s - 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 - 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 - 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.
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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 | 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 RequirementsRole | 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 DocumentsMinor | Any person under the age of 18 years required to attend school under the provisions of the California Education Code |
G. Recordkeeping RequirementsNone H. Implementing DocumentsNone For more information, contact your division's Human Resources Center.HR Field team. Feedback on HR policies or procedures is welcomed. Send comments to [email protected]. J. Revision HistoryDate | 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 | 36/20201.3 | W. Crosson | Updates to clarify eligible employee classifications | B. Persons Affected | 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 | 1/17/2024 | 2.1 | W. Crosson | Added section on minors and telework | D.1.e | Minor | Editorial |
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| Title: | Employment of Minors , and Near Relatives, and Domestic Partners | Document number | 02.04.003.000 | Revision number | 2.1.3 | Publication date: | 31/817/20172024 | Effective date: | 61/3017/20112024 | Next review date: | 31/616/20232029 | Policy Area: | Compensation and Work HoursRecruitment | 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 |
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label | Additional Information |
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| Title: | Employment of Minors , and Near Relatives, and Domestic Partners | Document number | 02.04.003.000 | Revision number | 2.1.3 | Publication date: | 31/817/20172024 | Effective date: | 61/3017/20112024 | Next review date: | 31/616/20232029 | Policy Area: | Compensation & Work HoursRecruitment | RPM Section (home) | Human Resources | RPM Section (cross-reference) | Section 2.01(E)(5) | Functional Division | Human Resources | Author name/contact info | M. BelloWade 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 |
| Inputs from more than one Policy Area? | No | List additional Policy Areas & contacts |
| 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 | Approval Sheet for this revision received (date) [Note: author is responsible} |
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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) Side bars: Side bar 1 location (to the right of Section D.1.a) Sidebar 1 text: Other Policies of Interest: Document number 02.03.011.000, Appointments, Student Assistant (or RPM Section 2.01[F][8]); and document number 02.04.002.000, Terms & Conditions of Employment (or RPM Section 2.01(E)(6)
Sidebar 2 location (to the right of Section D.1.b) Sidebar 2 text: IMPORTANT All minors, regardless of whether they are a Berkeley Lab employee or a Berkeley Lab affiliate, must have their appointments pre-approved by the CHRO. Sidebar 3 location (to the right of D.1.c) Sidebar 3 text: For more information, see: California Work Permits
Sidebar 4 (to the right of D.2.b) Sidebar 4 text: More information for Domestic Partners: UC Benefits for Domestic Partners UC Declaration of Domestic Partnership form UC Termination of Domestic Partnership form
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