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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4890
Experience:  Extensive experience representing employees and management
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my minor child was hired" as a stipend volunteer at a summer

Resolved Question:

my minor child was 'hired" as a stipend volunteer at a summer camp, without a consent form from me. She was then given charge of 10 kids all day (10 hours total) at a water park with NO minimum wage or overtime pay. Do I have recourse/
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

Yes, you can assist her with filing a wage claim against the summer camp for failure to pay minimum wage and overtime to her per the California Labor Code.

You can file a wage claim with the Department of Industrial Relations using the forms available online here:

http://www.dir.ca.gov/dlse/HowToFileWageClaim.htm
Joseph, Lawyer
Satisfied Customers: 4890
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

As i stated in my question, i ALREADY know that I can file with the state but that takes forever and they dont answer the phone. What I want to know is:


1. Can they TAX a so-called volunteer stipend/


2. Can they make a 17 year old volunteer do the work of a paid counselor and not pay her?


3. Can they "hire" her without a work permit at age 17?

Expert:  Joseph replied 1 year ago.
Just to clarify, you were contacting the wrong department. You need to contact the Division of Labor Standards Enforcment of the Department of Industrial Relations not EDD. (The EDD primarily deals with unemployment benefits and disability benefits, and it is virtually impossible to get through to them on the phone since they are very understaffed).

1) Yes, a stipend would still be considered a form of wages, so it would be taxable.

2) No, if the 17 year old is performing the duties of a paid counselor then she should be paid as an employee and not a volunteer.

3) No, she should have had a work permit in order to work at the age of 17. Except in very limited situations, California requires all minors under the age of 18 to have work permits.

You can read more about the qualifications and limited exceptions here:

http://www.dir.ca.gov/dlse/ChildLaborPamphlet2000.html#77

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