Children and contracts
My 14 year son is wanting to take a job at our condo community. He will be responsible for keeping the laundry room clean and changing the camera's VCR tape.We, the complex and I, need to know if he can legal sign a Independent contract agreement. He will be paid once a month on salary.
1 answer | asked May 3, 2003 5:07 PM [EST] | applies to Arizona
Answers (1)
Child labor is okay - other questions arise
The simple answer to your question is, yes, it's okay for your son to sign the "independent contractor" agreement. But that's not the end of the answer. A contract between an adult and a minor is generally unenforceable against the minor unless it is for the necessities of life. This contract is probably going to be terminable at will anyhow, so I'm not sure what difference it makes. If your son quits after two months, do you really think the condo association is going to sue him for breach of contract?
Child labor restrictions do not prohibit younger children from working, but exclude them from certain dangerous occupations. For example, your son can certainly sweep the floor and probably change the video tape, but if he were to start repairing washing machines he might have crossed the line. You can contact the Industrial Commission of Arizona for specific regulations regarding restricted work.
I question why the arrangement would be deemed an "independent contract" rather than an employment contract. Is your son in the business of providing janitorial services? The condo association may be trying to avoid the obligations normally imposed on employers, such as withholding taxes, social security and medicare. Also, an employer is required to pay wages on at least two paydays per month, not more than 15 days apart. There is also the issue of worker compensation coverage. If your son the "independent contractor" falls and breaks his back while changing the video tape, he will want to be covered by worker comp insurance. I would suggest that you have a little talk with the association about treating him as an employee rather than an independent contractor. The association's lawyer may agree. Most government agencies (like the IRS, the Industrial Commission and the Department of Labor)look beyond the "independent contractor" label to decide what's really going on. They often find such arrangements to be employment relationships, and the employer is usually the one who pays the price.
Finally, there is the question of salary. Your son is not likely to be exempt from the Fair Labor Standards Act. Even if he is paid a salary, it must meet the minimum wage requirement ($5.15 per hour). Tell him to keep track of his time working.
posted by Francis Fanning | May 5, 2003 4:51 PM [EST]
The simple answer to your question is, yes, it's okay for your son to sign the "independent contractor" agreement. But that's not the end of the answer. A contract between an adult and a minor is generally unenforceable against the minor unless it is for the necessities of life. This contract is probably going to be terminable at will anyhow, so I'm not sure what difference it makes. If your son quits after two months, do you really think the condo association is going to sue him for breach of contract?
Child labor restrictions do not prohibit younger children from working, but exclude them from certain dangerous occupations. For example, your son can certainly sweep the floor and probably change the video tape, but if he were to start repairing washing machines he might have crossed the line. You can contact the Industrial Commission of Arizona for specific regulations regarding restricted work.
I question why the arrangement would be deemed an "independent contract" rather than an employment contract. Is your son in the business of providing janitorial services? The condo association may be trying to avoid the obligations normally imposed on employers, such as withholding taxes, social security and medicare. Also, an employer is required to pay wages on at least two paydays per month, not more than 15 days apart. There is also the issue of worker compensation coverage. If your son the "independent contractor" falls and breaks his back while changing the video tape, he will want to be covered by worker comp insurance. I would suggest that you have a little talk with the association about treating him as an employee rather than an independent contractor. The association's lawyer may agree. Most government agencies (like the IRS, the Industrial Commission and the Department of Labor)look beyond the "independent contractor" label to decide what's really going on. They often find such arrangements to be employment relationships, and the employer is usually the one who pays the price.
Finally, there is the question of salary. Your son is not likely to be exempt from the Fair Labor Standards Act. Even if he is paid a salary, it must meet the minimum wage requirement ($5.15 per hour). Tell him to keep track of his time working.
posted by Francis Fanning | May 5, 2003 4:51 PM [EST]
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