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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

Deck of Cards

id	myIdEmployment of Minors and Near Relatives

Card

label	Brief

Title:	Employment of Minors , and Near Relatives, and Domestic Partners
Publication date:	31/817/20172024
Effective date:	61/3017/20112024

BRIEF

Policy Summary

This 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 Policy

This 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

Contact Information

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].

. To be eligible for employment, minors must provide valid documentation showing that they have parental consent and:

Are least 14

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
1. 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

Approval for Employment

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.
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.

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.

1. 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:
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.
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

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:

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 Responsibilities

Card

label	Policy

Title:	Employment of Minors , and Near Relatives, and Domestic Partners
Publication date:	31/817/20172024
Effective date:	61/3017/20112024

POLICY

A. Purpose

This 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 Affected

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

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 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.
1. Eligibility: The minor must be:

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

F. Definitions/Acronyms

Term

Definition

Affiliates


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

Divstylemargin:12px 0 12px -35px; font-size: 14px;line-height: 1

.

8em;

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.

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.

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

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

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Key

BRIEF

Policy Summary

Who Should Read This Policy

To Read the Full Policy, Go To:

Contact Information

E. Roles and Responsibilities

POLICY

A. Purpose

B. Persons Affected

C. Exceptions

D. Policy Statement

F. Definitions/Acronyms

G. Recordkeeping Requirements

G. Recordkeeping Requirements

H. Implementing Documents

H. Implementing Documents

I. Contact Information

J. Revision History

DOCUMENT INFORMATION

Source Requirements Documents

Implementing Documents

ADDITIONAL INFORMATION

Key labels/tags:

New terms that need to be added to Glossary/Acronym list:

Implementing Documents restricted to department/functional use

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