The ABC’s of Employing Summer Student Workers

Question: We want to hire some students to help out around the office this summer. Are there any limitations we should keep in mind?






Answer:

Yes. Although there are some exceptions for certain specific fields, generally speaking, the California Labor Code prohibits employers from employing a minor, age 15 years or younger, from working more than eight hours in any 24-hour day, or more than 40 hours in any work week, or before 7:00 a.m. or after 7:00 p.m.. The exception is during the summer months (defined as June 1 through Labor Day) when minors are permitted to work until 9:00 p.m.

Minors ages 16-17 may not be employed more than eight hours in any 24-hour day, or more than 48 hours in any work, or before 5:00 a.m., or after 10:00 p.m. on any day preceding a school day though they can work until 12:30 a.m. on any day preceding a non-school day.

If you consider retaining one or more minor employees beyond Labor Day, you should know that while school is in session, a minor, 14 or 15 years of age, cannot work more than three hours in any school day, nor more than 18 hours in any work week, nor during school hours. The only exception is for minors enrolled in, and employed pursuant to, a school-supervised and school-administered work program, in which case other rules apply. Subject to limited exceptions, no employer may employ a minor age 16-17 more than four hours in any school day.

Q: We employ dozens of outside sales representatives, each of whom drive their own cars to and from sales appointments daily. If one were to cause an accident, what liability, if any, would my company have?






A:

If your employee is found to be the legal cause of an accident, he or she is primarily liable for any damage caused by his or her negligence. However, assuming the negligence arose during the course and scope of his/her employment, your company may also bear responsibility, especially if the employee does not have the means to satisfy the victims (e.g., either no liability insurance or inadequate liability insurance coverage). You can take several proactive steps to guard against this undesirable outcome.

First, review your Company’s Commercial Automobile policy to ensure that coverage extends to damage caused by an insured operating a car that is neither owned, leased or borrowed by your Company. Some policies do, and others do not. If your current policy doesn’t cover this situation, contact your broker and inquire about a Non-Owned