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Guidance for Minors as Employees or Volunteers

Employing a Minor

The Fair Labor Standards Act (FLSA) and Idaho Code Title 44, Chapter 13 regulate the employment of minors. A Minor is defined as any child under the age of 18, including those legally emancipated.

Any employee who hires a minor is responsible for following all state and federal laws governing their employment to ensure the safety and well-being of the minor. Under no circumstances may a child under the age of 14 be employed at Boise State. Employment of minors is limited to temporary positions and must not interfere with school attendance or their academic performance.

Any employment action involving a minor must follow the appropriate hiring process through Human Resources. For questions about this guidance, contact the Minors on Campus Coordinator at protectionofminors@boisestate.edu or (208) 426-4926.

Prohibited Work

Minors are prohibited from being employed in occupations or under conditions prohibited by federal or state law. Examples include but are not limited to:

  • Occupations deemed hazardous as defined under the FLSA, including operating heavy machinery, driving a motor vehicle, hoists, power tools, saws, or shears, and any position involving exposure to hazardous materials, etc.
  • Positions involving security-sensitive access, unless directly supervised.
  • Overnight work or unsupervised contact with other minors.

In addition, the University also prohibits any minor under the age of 16 from entering or working in any laboratory or industrial area where hazardous chemicals, biological agents, or radiation are present.

Supervisors should review the list of all jobs off-limits to minors on the U.S. Department of Labor Website, in Idaho Code Title 44, Chapter 13, and consult with Human Resources with any questions before extending an offer of employment.

Work-Hour Limits

Minors who are 14 or 15 years old are not permitted to work:

  • During the hours that the public school in the minor’s place of residence is in session;
  • More than three hours on a school day;
  • More than 18 hours during a school week;
  • More than eight hours on a non-school day;
  • More than 40 hours during a non-school week;
  • Before 7 a.m. or after 7 p.m. on a school day; or
  • Before 7 a.m. or after 9 p.m. on a non-school day

Laboratory Work

Before employing a minor in a lab, the supervisor must:

  • Obtain review and approval from Chemical and Lab Safety (CaLS) for the proposed duties by emailing CaLS@boisestate.edu. Minors under the age of 16 are prohibited from entering or working in any laboratory or industrial area where hazardous chemicals, biological agents, or radiation are present. Minors aged 16 and 17 may sometimes work or intern in a laboratory setting, but only under strict conditions, including:
    • Complete all required safety training before handling any materials;
    • Follow all applicable personal protective equipment (PPE) requirements;
    • Work under direct supervision at all times and never work alone; and
    • Do not handle highly reactive chemicals, explosives, carcinogens, or biological or radiological agents, regardless of supervision

Supervisor Requirements

  • A supervisor who suspects minor abuse is required to report it immediately to either law enforcement or the Idaho Department of Health and Welfare.

Minors as Volunteers

Volunteers provide authorized services for a University department without compensation. Under no circumstances may a department utilize a minor who is under the age of 14 as a volunteer. Departments must not use volunteer status to avoid employment requirements.

Before a minor begins volunteer service:

  • The department and the minor’s parents must complete and sign a Department Authorized Volunteer Service Agreement. The department must retain the completed and signed form in its department records.
  • The department must ensure the minor volunteer’s activities and hours comply with the same restrictions for employing a minor.
  • If the minor will be volunteering in a lab, the department must obtain review and approval from Chemical and Lab Safety (CaLS) for the proposed duties by emailing CaLS@boisestate.edu. Minors under the age of 16 are prohibited from entering or working in any laboratory or industrial area where hazardous chemicals, biological agents, or radiation are present. Minors aged 16 and 17 may sometimes work or intern in a laboratory setting, but only under strict conditions, including:
    • Complete all required safety training before handling any materials;
    • Follow all applicable personal protective equipment (PPE) requirements;
    • Work under direct supervision at all times and never work alone; and
    • Do not handle highly reactive chemicals, explosives, carcinogens, or biological or radiological agents, regardless of supervision.

Supervisor Requirements

  • Any individual supervising a minor volunteer must have completed a current background check under University Policy 7005 (Background Verifications), complete the Minors on Campus Program’s Interacting with Minors Training, and follow the Code of Conduct for interacting with minors located in Section 14.1 of University Policy 12060.
  • A supervisor who suspects minor abuse is required to report it immediately to either law enforcement or the Idaho Department of Health and Welfare.