Ok, firstly, to clarify when I say minor, I mean someone under the age of majority, he appears to be of legal working age in Texas (where I am) and Massachusetts (where he is). In this case his father reached out to me regarding a sort of mentor/apprenticeship, so I know I have his approval (but do I need more? like something in writing?)<p>I have 2 contexts, Open Source contribution, and possibly on the startup I'm working on. For the startup, I need to ensure I don't leave some gaping loophole that screws me/the company later, so if it's not possible it would be good to know.<p>What sort of CYA's do I need to have in place? Yes, I'm certain I should talk to a lawyer, but I'd like to get an idea ahead of time, especially since the startup is only in prototype phase.<p>I asked about this on StackExchange here, but the answers weren't great and doesn't cover the startup problem https://opensource.stackexchange.com/q/11436/1060
The younger the minor, the more restrictions you are going to run into.<p>For example, it is probably the case that a 15 year old cannot work more than 2 or 3 hours on a school day and they may not be able to work after 7pm or even sundown depending on state laws. The DOL has rather strict rules about when a minor is actually an intern vs an employee. If you are thinking of not paying this minor I would think again as the ramifications could be catastrophic.<p>The DOL has 6 tests. Fail one and your minor is an employee and you had better be paying them at least minimum wage. These are the ones you are likely going to run a foul of:<p>1) The internship, is similar to training that would be given in an educational environment<p>2) The internship experience is for the benefit of the intern;<p>3) The employer shall derive no immediate advantage from the activities of the intern, and on occasion, its operations may actually be impeded<p>In any case, enforcing age based job restrictions remotely is not feasible and I would thank the individual and encourage them to reach out to you when they turned 18.
This might be a pertinent thing to read:<p><a href="https://www.mass.gov/service-details/volunteers-and-interns" rel="nofollow">https://www.mass.gov/service-details/volunteers-and-interns</a><p>IANAL. This is not legal advice. This is me spitballing in hopes of helping you figure out where and how to get answers.<p>Open Source contributions may fall under <i>volunteer</i> work and this may be the easier thing to work with. It probably cannot be for a for profit business though. Check state laws. Talk with a lawyer.<p>You say his father reached out to you for a sort of mentor/apprenticeship. This might fall under the definition of interning.<p>Is the child homeschooled? Would the father be counting this as part of the child's educational portfolio?<p>If so, this might fall under interning for academic credit.<p>The devil is in the details. These are a few details you might explore to try to help you sort out a solution that is both legal and ethical.<p>Best of luck.
I'm a minor and have contributed to numerous open-source projects (nothing of particular value but contributions nonetheless). Why not just treat them as an adult? If you're interacting with them in a professional manor I can't imagine how their age could be relevant, and minors (I think) can still own and concede intellectual "property" according to US law.
Having a minor make unpaid contributions to benefit your startup is unethical, if that is what you are asking about.<p>Ordinary employment is the simplest way to have ownership of the work done on your behalf (in the US).<p>In terms of long term consequences, don't work with people you can't trust.<p>Good luck.