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Is it illegal for a child to work for a commission?

parkerscott

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This seems like one of those things that falls into a gray area, where loopholes run rampant. Now before we get started lets classify what a child is. According to Federal law a child under 14 cannot be employed. Ok if there is no way around that I am fine with that. Now children from 14 years old to 16 years old can only be employed for certain occupations for a certain period of time. 16-18 is your average teenage worker, and im pretty sure laws are very flexible here.

For me anything under 13 is a no go. The COPA act prevents collecting any type of data from a child under 13 so I couldnt send them money if they earned it. Its probably different for family so if I wanted to give my little cousins something to do I could still have them do some work, and if thats not allowed its not like money never gets passed under the table.

So lets say im selling chocolate bars both in person, and online. What are my limitations from a legal standpoint? If I had 13,14,15,16,year old kids selling chocolate bars on instagram or door to door for a commission would that be legal? I see it as contract work such as paying a kid to rake leaves or deliver newspapers, and they can quit anytime they want, and they will be paid according to performance. If they dont sell any chocolate bars or lemonade they dont make any money. So would it be illegal to paypal a kid or mail him a check every couple weeks based on sales? My intentions are good, and I want to offer children opportunities that were never there before, and I would like to see them learn, and grow. There are eager kids out there who have lots of talent that gets overlooked. I know that when i was 13 or 14 I was busy filling out hundreds of online surveys to get video games with reward points, I was making websites, filming videos, bmx riding and raking leaves and selling lemonade. I would like for these young adults to have options.

Thoughts, comments, or answers? Thank you for taking the time to read my long winded post.
 
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mayana

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When I was a young teenager, I sold all kinds of things door-to-door. I think ghat in most places it's perfectly legal for a child to own his or her own business, so I could imagine that a child could technically be an independent contractor. That said, I would be very careful (and probably consult an attorney) about developing your sales materials, and what you should and shouldn't say in order to prevent liability issues.

Good luck :)
 

wade1mil

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It also depends on what you're selling. Some things are not legal for adults to earn a commission on without a license.
 

Esquire

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Everything's legal ... until you get caught.

So my advice to the kid ... is go make some money ... and don't get caught.

See ... wasn't that easy ...?

All kidding aside (assuming I'm kidding) ... I don't see why that would be a problem.

But the answer may well vary depending on which state you live in ... so if the answer really matters ... don't ask us ... as a local employment attorney.
 
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Esquire

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Oh ... one thing I forgot to mention ...

Pimping ain't easy. And neither is flipping tricks on a commission.

Now normally ... I bitch slap my hos if they show up without my money.

Not sure what the rules are with kids ... maybe it's okay if you "just" use the back of your hand ... not sure.

Again ... something you should talk over with your attorney.

25tanp4.jpg
 
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Charnell

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Oh ... one thing I forgot to mention ...

Pimping ain't easy. And neither is flipping tricks on a commission.

Now normally ... I bitch slap my hos if they show up without my money.

Not sure what the rules are with kids ... maybe it's okay if you "just" use the back of your hand ... not sure.

Again ... something you should talk over with your attorney.

25tanp4.jpg
You have to be careful with your slap though. Here's a little knowledge on when to use which slap.

Might as well slap gold on this thread now.
 

Mattie

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parkerscott

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Charnell

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Man that hurt to read. A 32 page disaster plan for a magicians rabbit that he had to have a permit for. Nobody prepares for these kind of things because it is too ridiculous to even believe.
If he was a good magician he would just pull it out of his hat.
 

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