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Need advice on hiring minor, non-citizen for non-paid internship?


Hello. My company (a credit union) is interested in bring in a high school student for an unpaid internship with our accounting department. She is under 18 and a Canadian citizen. She noted that she cannot apply for a Social Security number until 18. Until then, she is under her father's (a U.S. citizen) number.

She's only worked for her dad, thus hasn't needed to apply for a work permit yet.

We normally do pre-employment background checks on all candidates (requires a SS#). What is our responsibility as the employer in this situation?

Thank you. Any links to legal requirements would be helpful.

Richard - I live in Indiana. Check out the Six Factor Test on this website: http://www.laborlawyers.com/showarticle....

She passes the tests in our case and thus is exempt from wage and hour requirements, but the non-citizen thing complicates it.

"She noted that she cannot apply for a Social Security number until 18"

She's wrong. Even if she's not eligible to work she can get a "Not eligible for employment" SS#.

Whether it's legal to give someone an unpaid internship depends on your States labor laws. In my State - CA - it's illegal.

Any time spent working at the direction of a commercial employer must be compensated at minimum wage (There are reduced rates of minimum wage for trainees, but 'free' never cuts it) Only charities can use free volunteer labor.

Richard

you should just give her the chance

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