Age Minimum | Whose Law Applies

[Dustin L.]

I am 15 years of age, and would like to work for an online company (based out of California), however, I am in Arizona. What child-labor laws, if any, apply? Also, whose law governs - the employer's state's child labor laws or the employee's child labor laws? I would love to see the source for any answers provided, if possible, as I am going to need proof of this.


Thanks much!

 

[I'mTheFather]

I am 15 years of age, and would like to work for an online company (based out of California), however, I am in Arizona. What child-labor laws, if any, apply? Also, whose law governs - the employer's state's child labor laws or the employee's child labor laws? I would love to see the source for any answers provided, if possible, as I am going to need proof of this.


Thanks much!

http://www.dol.gov/whd/state/nonfarm.htm

 

[Dustin L.]

http://www.dol.gov/whd/state/nonfarm.htm

I am aware of the hours thresholds. That's probably the least of my worries.

What I'd really like to know is whose law governs. Because in California, where the employer is located, a work-permit is required. In Arizona, where I as a prospective employee am located, a work-permit is not required.

 

[I'mTheFather]

I am aware of the hours thresholds. That's probably the least of my worries.

What I'd really like to know is whose law governs. Because in California, where the employer is located, a work-permit is required. In Arizona, where I as a prospective employee am located, a work-permit is not required.

California. The employer is required by state law to have a work permit for any minor employee.

 

[Dustin L.]

California. The employer is required by state law to have a work permit for any minor employee.

Thanks! And that is the case for an out-of-state employee, and also when the business is online?

 

[I'mTheFather]

Thanks! And that is the case for an out-of-state employee, and also when the business is online?

I can't say for sure, though since the company is based in California, I believe the same labor laws apply. Perhaps another poster will respond with more information.

 

[Dustin L.]

Okay, thanks much. Your replies are much appreciated thus far.

I just want to confirm that I'm not going through extra trouble to go to California so I can get a work-permit.

 

[LdiJ]

I can't say for sure, though since the company is based in California, I believe the same labor laws apply. Perhaps another poster will respond with more information.

I think that you are wrong on that one. I think its the minor's state that would control in this kind of scenario. This minor couldn't get a CA work permit because the minor is not located in CA. CA does not have any jurisdiction to issue him a work permit.

 

[swalsh411]

There are a gazillion "work online" scams. Be careful. Don't send any money to this "employer" and do not continue working for them if you are not paid on time and correctly.

 

[eerelations]

In summary, OP:

1. Arizona law applies because that's where you are; and
2. This is probably a scam (because most of these things are, and because the employer is tragetting out-of-state minors to do the work).

 

[commentator]

Work permits originally came into being because of the requirements for minors to attend school, they were designed to certify that the person was excused from school for this work period, these hours. You can't get one in California and use it while working in another state. Don't bother trying. But I agree wholeheartedly with everyone else here. This is obviously a scam.

 

[cbg]

Regardless of whether you are an adult or a minor, the labor laws that apply are the laws of the state in which you live and work, NOT the state where the company is based. This includes child labor laws, wage and hour laws, discrimination laws, etc. Only in VERY rare circumstances does the state where the employer is based override the state where the employee is based. The very, very large majority of those rare circumstances are when a contractual obligation exists.

 

[I'mTheFather]

Dang! I like my answer better. Too bad it's wrong.

 

[davew128]

California. The employer is required by state law to have a work permit for any minor employee.

Please read the commerce clause of the Constitution of the United States and then tell me that again with a straight face.

OP, the laws that govern your employment are the ones of the state you work in. if you perform the work in Arizona, then its Arizona's laws that govern.

 

[Zigner]

Please read the commerce clause of the Constitution of the United States and then tell me that again with a straight face.

OP, the laws that govern your employment are the ones of the state you work in. if you perform the work in Arizona, then its Arizona's laws that govern.

His statement is correct, but incomplete. He should have ended the sentence with "...working in California."