A Proposal for Enforcing Minors' Employment Contracts

This paper challenges the prevailing legal doctrine that renders most minors’ employment contracts voidable, arguing that such a stance undermines the interests of minors who wish to work under fair conditions. It contends that existing justifications—protection from exploitation and lack of capacity—fail to account for the evolving nature of the labor market and the sophistication of many working minors. By examining judicial inconsistencies through key court cases and the unintended consequences of current legal doctrines, the paper proposes a nuanced, rebuttable presumption of enforceability for minors’ employment contracts that meet specific fairness and informed-consent criteria. This framework seeks to balance protection with autonomy, ultimately promoting the welfare and economic participation of minors.