A client in the hospitality industry asked whether it had to obtain parental or legal guardian consent to conduct background checks and drug screens on its minor employees. Unfortunately, many employers mistakenly use the same hiring materials regardless whether the employee is a minor or has reached the age of majority. Thus, the employers ask their minor employees to sign the required consent forms. But do these minor employees have the legal capacity to execute these forms? Just like Jim Carrey’s client in Liar Liar, minor employees don’t have the legal capacity to consent to background checks and drug screens. Employers hiring minors should ensure that their new hire packets include appropriate parental or legal guardian consent forms and that the forms are signed and returned. Without such consent, employers may unintentionally be breaking various state and federal laws applicable to these areas.

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