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 [email protected].

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: Career, Term, Faculty, Postdoctoral Fellow, Limited, Visiting Researcher, Rehired Retiree, Graduate 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 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:
      Other Policies of Interest

      Appointments, Student Assistant (or RPM Section 2.01[F][8]);

      Terms & Conditions of Employment (or RPM Section 2.01(E)(6)

      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
      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.

      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.
      For more information, see:

      California Work Permits

   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 recommendation of the Human Resources Center Manager (HRCM) and the approval of the CHRO. Approval is required, including when:
      More information for Domestic Partners:

      UC Benefits for Domestic Partners

      UC Declaration of Domestic Partnership form

      UC Termination of Domestic Partnership form

      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

F. Definitions/Acronyms

G. Recordkeeping Requirements

H. Implementing Documents

For Berkeley Lab Staff:

• Parental Consent for Minor at Lab form
• UC Benefits for Domestic Partners
• UC Declaration of Domestic Partnership form
• UC Termination of Domestic Partnership form

For Berkeley Lab Managers and Supervisors (Training Workshops):

• Supervisor Responsibilities Training (mandatory for new supervisors)
• Supervisor Scenario Workshop – HR Issues (mandatory for new supervisors)

For Berkeley Lab HR Staff:

• Student Assistant Offer Letter template
• 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 [email protected].

J. Revision History

DOCUMENT INFORMATION

Source Requirements Documents

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

Implementing Documents