Minors in the Workplace

NC State University is committed to supporting a safe environment for minors on campus. Programs and Activities involving Minors under the supervision of an NC State individual and/or using NC State property must fulfill the requirements in REG 01.25.18, Programs that Involve the Participation of Minors, and register with the Office of Youth Programs and Compliance.

See the steps below in order to request a minor to volunteer with you in your lab or workplace. Once gathered, email all information below to Shannon Plummer-White, Human Resources Manager (ece-hr-mgmt@ncsu.edu).

Approvals Required*:

Departmental Approval
NCSU Human Resources
NCSU Office of Environmental Health & Safety
NCSU Background Checks Office

*Allow 1-2 months for approvals as well as the time it takes to complete background checks before the student can begin volunteering.

The Test For Unpaid Interns

In order to offer an unpaid internship, all of the following conditions must be met:

The internship, even though it includes actual operation of the facilities of the employer, is similar to training which would be given in an educational environment;
The internship experience is for the benefit of the intern;
The intern does not displace regular employees, but works under close supervision of existing staff;
The employer that provides the training derives no immediate advantage from the activities of the intern; and on occasion its operations may actually be impeded;
The intern is not necessarily entitled to a job at the conclusion of the internship; and
The employer and the intern understand that the intern is not entitled to wages for the time spent in the internship.

If all of the factors listed above are met, an employment relationship does not exist under the FLSA, and the Act’s minimum wage and overtime provisions do not apply to the intern. This exclusion from the definition of employment is necessarily quite narrow because the FLSA’s definition of “employ” is very broad.

Provide the following information:

1. Based off the state’s definition and guidelines above, provide a detailed description to the ECE Human Resources Manager of what this student will be doing in the lab/workplace. Include the following:

Will the student be the primary beneficiary of the work instead of the University/department?
How are the duties different from the duties of the other students working for you in your lab/workplace.
Do you agree the student will have constant supervision by yourself when working in your lab/workplace?
How was the student identified to work in your lab/workplace? Is there any current relation between the students and the University?
Will the student receive any academic credit (or is this an educational opportunity)?

2. What are the begin and end dates of the volunteer work?

3. What is your Lab # or the room location of the space the student will be working?

Include any chemicals or safety hazards the student may be exposed to.
Is there a current Safety Plan in place for your Lab?

4. How many hours per week will the student volunteer (students cannot volunteer more than 29 hours per week)?

5. Review the Minors Regulation and Registration Process.

6. Register your program or activity in REPORTER.

Here is a sample completed registration form for faculty/staff activities with minors.
These are sample forms that should be used:
- Minors in Field and Lab
- Emergency Contact and Participant Pick-Up Form
- SAMPLE: Liability Waiver, Assumption of Risk, Photo & Media Release and Indemnification Agreement (This should be customized to the activities of the program.)
As part of the registration, you will need to include the date of your most recent background check. Background checks are required every 3 years for “covered individuals” working with minors.
- Submit a list to the ECE Human Resources Manager of anyone who has access to your lab/workplace whether they are students, staff, visiting scholars/faculty/researchers, other faculty members, including yourself. Provide name, employee/student ID number, and email address for each person.
- Each person will receive an electronic background check form to complete and submit. Allow a minimum of five (5) business days for approval.
- The student cannot begin volunteering until ALL background checks have been approved. ECE’s Human Resources Manager will notify you once this step has been completed and your student can begin working
Once you register the program you will be assigned to EHPS-YP100 which is the minors regulation required training course.
As part of the training you will be asked to review and agree to these Personal Boundaries for working with minors.

7. Provide the Minors in Field and Lab document and the necessary sample forms above to the parent/guardian of the participant(s) for them to complete. Once completed, forward to the ECE Human Resources Manager to retain.

8. Complete the new employee safety orientation checklist with the Minor prior to them beginning any activities. This is required for paid and unpaid individuals.

9. For lab safety purposes, no person should work alone and it is prohibited to work with minors one-on-one in seclusion. Every precaution should be taken to make sure that the environment is open for others to observe.