The younger the minor, the more restrictions you are going to run into.
For example, it is probably the case that a 15 year old cannot work more than 2 or 3 hours on a school day and they may not be able to work after 7pm or even sundown depending on state laws. The DOL has rather strict rules about when a minor is actually an intern vs an employee. If you are thinking of not paying this minor I would think again as the ramifications could be catastrophic.
The DOL has 6 tests. Fail one and your minor is an employee and you had better be paying them at least minimum wage. These are the ones you are likely going to run a foul of:
1) The internship, is similar to training that would be given in an educational environment
2) The internship experience is for the benefit of the intern;
3) The employer shall derive no immediate advantage from the activities of the intern, and on occasion, its operations may actually be impeded
In any case, enforcing age based job restrictions remotely is not feasible and I would thank the individual and encourage them to reach out to you when they turned 18.
> In any case, enforcing age based job restrictions remotely is not feasible and I would thank the individual and encourage them to reach out to you when they turned 18.
I mean, I wouldn't consider it if I hadn't worked with his dad for 5 years. It's not like I'm actually hiring, but yeah.
I was aware of those 3 rules, and was really looking for the citation on 3 earlier. I was thinking about paying him, I can afford a few hours of minimum wage, and if I think I can't I can always stop it, but even then I'm not 100% certain what I'd need to do for that. Do I actually need to file for incorporation of some kind? at this point I'd probably just go sole proprietorship if I have to. Then I'd guess I'd need to either have him do a 1099 or W2 of which I might need to contract out to a HR company to deal with some of it, especially because of the across state lines stuff. I honestly only vaguely remember my employment around his age.
I just want to ensure I don't somehow end up with them owning half the startup if it ever goes somewhere by virtue of a later lawsuit.
For example, it is probably the case that a 15 year old cannot work more than 2 or 3 hours on a school day and they may not be able to work after 7pm or even sundown depending on state laws. The DOL has rather strict rules about when a minor is actually an intern vs an employee. If you are thinking of not paying this minor I would think again as the ramifications could be catastrophic.
The DOL has 6 tests. Fail one and your minor is an employee and you had better be paying them at least minimum wage. These are the ones you are likely going to run a foul of:
1) The internship, is similar to training that would be given in an educational environment
2) The internship experience is for the benefit of the intern;
3) The employer shall derive no immediate advantage from the activities of the intern, and on occasion, its operations may actually be impeded
In any case, enforcing age based job restrictions remotely is not feasible and I would thank the individual and encourage them to reach out to you when they turned 18.