Employment of Minors

On January 22, 2013, changes to the Pennsylvania Child Labor Law under Act 151 went into effect.

A minor, as defined in the Pennsylvania Child Labor Act, is an individual under 18 years of age. Employees under 18 years of age are prohibited by law from performing certain types of work, such as machine operation or any other activities that may expose them to conditions defined by regulations as hazardous to minors.

The Pennsylvania Child Labor Act requires all minors ages 14 - 17 to have a work permit in order to be employed. For individuals who are under 16 years of age, a written statement by the minor’s parent or legal guardian is also required. Additional limitations apply to the employment of persons under the age of 18.

A 17-year-old minor who has dropped out of school must request a letter indicating his/her status from the home school district. The letter, along with a valid work permit, will indicate to the University that the minor is exempt from restrictions concerning work hours.

Minors who have graduated high school or who are exempt from compulsory attendance under the Pennsylvania Public School Code are not subject to the Act’s hours of employment or work time restrictions. Also, high school graduates do not need a parent’s or legal guardian’s signature on the work permit application as long as the minor provides official proof of such graduation. Please visit the Pennsylvania Department of Labor & Industry website to review all restrictions concerning work hours and permit requirements.;

Under no circumstances may a minor under the age of 14 be employed at the University.

It is the Hiring Officer’s responsibility to ensure that all minors have a valid work permit and that individuals under 16 years of age also provide a written statement by the minor’s parent or legal guardian, acknowledging understanding of the duties and hours of employment and granting permission to work, subject to the provisions of 18 PA.C.S. 4904. The Hiring Officer must keep a copy of the work permit, the original verified permission statement, and a copy of the letter sent to the issuing officer announcing the employment of the minor.  

The Hiring Officer must notify the issuing officer in writing of the employment of a minor and detail the normal duties and hours of employment within five days after the beginning of employment and include the age and permit number of the minor.

On termination of employment of a minor, the Hiring Officer must notify the issuing officer within five days of the final day of employment that the minor is no longer employed at the University.

To ensure compliance with Pennsylvania’s Child Labor Act 151, the following steps must be taken by the Hiring Officer prior to hiring a minor between the ages of 14 and 17 to work at the University: 

  1. Each school district is responsible for issuing work permits to minors who reside in the district, including those who attend non-public schools, cyber charter schools, or are participating in a home education program. Therefore, the minor should obtain an application for a work permit at his/her local school district. The parent or legal guardian must sign the application. If the minor resides in Pennsylvania, but will be working in another state, he/she must receive a work permit from the state where the minor will be working. The minor should contact the school district in which the employer is located in that state.

    In addition to the work permit, if the minor is under the age of 16, a written statement by the minor’s parent or legal guardian is required, acknowledging understanding of duties and hours of employment and granting permission to work. A copy of LLC-75 Form “Parental Acknowledgement of Minor’s Duties and Hours of Employment” can be found at the Pennsylvania Department of Labor & Industry website (Form LLC-75).
  2. The issuing officer shall not issue a work permit has been received, examined, approved, and filed verification of the applicant’s age.          
  3. Once the work permit and LLC-75 Form “Parental Acknowledgement of Minor’s Duties and Hours of Employment” is received, the Hiring Officer must create a letter to send to the work permit issuing officer, announcing the employment of the minor. The issuing officer must be notified within five days after the minor’s first day of employment and include the age and permit number of the minor. The Hiring Officer must keep a copy of the work permit, the original LLC-75 Form, and a copy of the letter sent to the issuing officer that announced the employment of the minor.
       
             Sample - Notification to Issuing Officer of Employment
             Sample - Notification to Issuing Officer of Employment Termination
  4. The Hiring Officer must send a copy of the minor’s work permit, original LLC-75 Form and a copy of the letter sent to the issuing officer to the Division of Human Resources/Records Department upon appointment or reappointment. The original certificate should remain in the Hiring Officer’s departmental file and must be returned by the hiring department to the applicable School District upon completion of employment.  Appointments of minors will not be accepted without all required working papers.

    Upon termination of employment, the Hiring Officer must send a copy of the letter to the issuing officer and to the Division of Human Resources/Records Department. 
  5. In order to comply with the Immigration Reform and Control ACT OF 1986, a Form I-9 must be completed and forwarded to Division of Human Resources/Records Department upon appointment of a minor. There is an expanded list of employment authorization documents approved by the Immigration and Naturalization Service available from the Division of Human Resources/Recruitment and Staffing.

    www.hr.upenn.edu/I9

If there are any questions, please contact the Division of Human Resources/Recruitment and Staffing at (215) 898-7287.

 


 

Policy Number: 107
Effective Date: 12/09/14
Supersedes Policy Number(s): 111, 107 (2/1/1991)
Applicability: Staff Hires
Cross-reference: N/A


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