Q A teenager stopped by my business looking for a summer job. Can I hire the teenager as an unpaid intern? What else should I consider when hiring a teenager for the summer?

AThe law makes it difficult for an employer to hire an individual as an unpaid intern. Under federal and California law, an “intern” is considered an “employee” who must be paid at least the minimum wage unless the internship primarily benefits the intern, not the employer. Courts generally focus on the following seven factors:

1. The extent to which the intern and the employer clearly understand that there is no expectation of compensation.

2. The extent to which the internship provides training that would be similar to that which would be given in an educational environment.

3. The extent to which the internship is tied to the intern’s formal education program by integrated coursework or the receipt of academic credit.

4. The extent to which the internship accommodates the intern’s academic commitments by corresponding to the academic calendar.

5. The extent to which the internship’s duration is limited to the period in which the internship provides the intern with beneficial learning.

6. The extent to which the intern’s work complements, rather than displaces, the work of paid employees while providing significant educational benefits to the intern.

7. The extent to which the intern and the employer understand that the internship is conducted without entitlement to a paid job at the conclusion of the internship.

No single factor is determinative. If an employer can meet all seven factors, they may hire an individual as an unpaid “intern.”

Separately, an employer who hires a teenager for the summer should consider the various requirements associated with employing a minor. Below are some of the main requirements:

1. Work permit: Most minors must obtain a work permit before they can legally work. Summer work permits are obtained by the minor from the minor’s school district. Summer work permits expire five days after the start of the new school year. If an employer plans to employ a minor after the summer ends, the employer must timely renew the minor’s work permit.

2. Restrictions on positions held by minors: There are also restrictions on the types of positions a minor can hold. For example, a 17-year-old may not work in a position that requires the minor to sell or serve alcohol to guests.

3. Wages and work hours: In general, when school is not in session, 12 through 15-year-olds may work eight-hour shifts and forty hours per workweek, and the shift can end as late as 9:00 p.m. Minors that are 16 or 17 years old can work eight-hour shifts and forty-eight hours per workweek, and the shift can end as late as 12:30 a.m. when the shift precedes a non-school day. When school starts, the number of hours 14 through 17-year-olds can work on or before a school day is limited, and 12- and 13-year-olds may only work during school holidays and weekends.

4. Reporting child abuse or neglect: Employers should also be aware that employing minors may subject the employer to California’s mandated reporter law. If a business employs a minor and has five or more employees total, then its human resource professionals and supervisors are considered “mandated reporters” for purposes of the state reporting law.

Marco Lucido is a lawyer with Fenton & Keller in Monterey. This column is intended to answer questions of general interest and should not be construed as legal advice. Email queries to mlucido@fentonkeller.com