Managing Employment of Minors in California

Overview

Federal and state child labor laws are designed to protect students from working too early, too late and too many hours and from performing tasks that might cause injuries or illnesses. Students engaged in work-based learning activities may or may not be covered by the child labor laws, depending on the nature of their learning experience. Child labor laws apply in all employment situations.

Child labor restrictions arise from a varied patchwork of historical and public policy origins that include fundamental societal interests, such as protecting children from economic exploitation and compelling education for their benefit and society's benefit, as well as narrower economic interests that have arisen at various times in U.S. history, such as preventing competition from children for jobs in certain industries.

Because child labor laws are intended to ensure that employment of persons under 18 is compatible with their age, education, and health and safety, the rules surrounding employment of minors can be complicated in their details and contain many narrow exceptions for particular industries or circumstances. Employers must also compare state law with federal law to apply the most stringent standard favoring the minor employee. 

Background

Since 1915, California has developed a system of child labor occupational restrictions and prohibitions. The intent of the California legislature in enacting the child labor laws is to enable young people to gain work experience and earn income in a safe and healthy environment where their welfare is protected and formal education is not impaired. In 1995, California enacted the Omnibus Child Labor Reform Act to more closely align state law with federal laws applying to the employment of minors. See DLSE: Information on Minors and Employment.

Business Case

In addition to the ethical and well-being standpoints of complying with California child labor laws, organizations also have a financial interest. Employers in the state of California face significant civil and criminal penalties for child labor violations. 

The prohibitions set forth by California's child labor laws are especially strict and the penalties severe. Noncompliance may result in the assessment of penalties from $500 to $10,000 per violation (depending on the class of the offense) and criminal liability resulting in possible jail time and fines up to $10,000 for violations more egregious in nature. In essence, almost all the child labor laws, as well as the compulsory education laws, have some misdemeanor penalty attached to them.

HR's Role

The role of human resource managers in complying with California child labor laws begins with a good understanding of the statutes that apply to their organization. The HR function, with the assistance of legal counsel, is responsible for ensuring compliance with all California child labor laws. In doing so, HR professionals also play an instrumental role in ensuring the health and safety of their minor employees.

Furthermore, because the jobs are often the first paid experience for a minor employee, HR professionals need to spend extra time educating minors on workplace rights and making sure that they are paid what they are actually due. See Employers Are Hiring More Teens to Ease Labor Shortages.

Effective Jan. 1, 2021, California human resources professionals and frontline supervisors  working for businesses with at least five employees that employ minors are considered mandated reporters of suspected child abuse. See Some California Supervisors and HR Pros Must Report Child Abuse and Assembly Bill No. 1963.

Definition of Minor

Under California Labor Code §1286, a "minor" is broadly defined as any person under the age of 18 required to attend school under the provisions of the Education Code, and any person under age six. School dropouts are still subject to California's compulsory education laws and attendance requirements, and thus, are subject to all state child labor laws. The code also applies to nonresident and noncitizen minors working in California.

California law uses a broader definition of minor in its wage orders, which define it as any person under the age of 18.

Almost all minors under the age of 18 are subject to California's child labor protections. Only high school graduates and those with equivalency degrees under the age of 18 are entirely excluded from California work hour restrictions. However, they are not excluded from wage orders.

Federal law may continue to impose restrictions regarding the employment of high school graduates under age 18. For example, federal law may prohibit employment of such persons in certain occupations absent appropriate apprenticeship or student-learner programs. See U.S. DOL: Youth & Labor.

California employers that are bound by contractual arrangements made in California to employ minors residing within the state to work on location outside the state must also comply with all California regulations.

A narrowly applied exception to coverage is made for employers who are also the biological or legal parent or guardian of a minor employee working in agriculture, horticulture, viticulture or domestic labor on or in connection with premises that the parent or guardian owns, operates or controls. These parent or guardian employers are uniquely exempt from work permit requirements, most work hour restrictions and hazardous occupation prohibitions. Minors may not be employed by their parent or guardian in these exempted occupations during school hours even if the minor is under school age. Legal counsel should be consulted before moving forward in this area. See Employment Relationship—Family Members/Minors.

Parent or guardian employers, when employing their children, are also exempt from complying with both state and federal minimum wage and overtime pay requirements.

On the other hand, Labor Code §1391(c) also subjects parents or guardians to special liability if they permit the minor to be unlawfully employed, even when they are not the employer.

Work Permits

California's occupational restrictions are such that in most cases minors must be issued a permit by school officials before they may be employed. See What are California rules governing Permits to Employ and Work for minors?

A work permit is a legal document required by the state of California that allows a person who is under 18 years of age to hold a job. Permits to work or employ are usually not issued if the employer's environment is deemed improper for the minor, if the employment conditions are detrimental to the minor's health or if the minor's education is hampered.

With limited exceptions, all minors under age 18 must have a work permit, including the following:

• Apprentices in a bona fide apprenticeship program.
• Emancipated minors.
• Dropouts.
• Minors employed by their parents in permitted occupations, including industrial, mercantile or similar commercial enterprises except agriculture or domestic labor.
• Minors attending a private, full-time day school. Written verification must be obtained from the principal or other person in charge of the private school.
• Minors instructed by a private tutor pursuant to California Education Code §48224. Written verification must be obtained from either the local school district or the county office of education where the minor lives.
• Minors participating in independent study through the local public school system. Written verification must be obtained from the minor's school, the local school district or the county office of education where the minor lives. If school is not in session, one of the following documents, indicating that the minor's scholastic record, attendance and health are all satisfactory or better, is required: the minor's most recent report card, a letter on school letterhead from the principal or other person in charge of the minor's school, a letter on district letterhead from an official of the local school district where the minor lives, or a letter on the county board of education's letterhead from an official of that agency.
• Minors visiting from another state or country, if eligible, to work in the United States.
• Minors at least 16 years of age and enrolled in a Work Experience Education (WEE) program.

Minors who attend a charter school must also obtain the written verification from either the minor's school or the authority that granted the school's charter. Minors who are schooled in a setting other than a public school classroom (home schooled) must obtain the written verification from either the local school district or the county office of education where the minor lives. The Division of Labor Standards Enforcement (DLSE) may also require a physical examination to ensure that the minor is physically able to perform the duties required.

Work permits must be renewed at the start of each new school year or at the time a student obtains a new job. Additionally, permits are required for the entire year, not just when school is in session.

To avoid potential violations of California's child labor laws, employers should never permit a minor employee to commence employment until such time his or her application has been officially approved and an actual permit has been issued to the minor authorizing said employment.

Exceptions

Below are limited exceptions to the work permit requirements applying to minor employees:

• High school graduates or minors who have been awarded a certificate of proficiency.
• Minors employed by parents or guardians in agriculture, horticulture, viticulture or domestic labor on or in connection with property the parent or guardian owns, operates or controls.
• Minors irregularly employed in odd jobs in private homes, such as babysitting, lawn mowing and leaf raking. (Minors engaged in the sale and distribution of newspapers or magazines are often self-employed, and thus, do not require permits. Minors who are at least 14 years of age and employed to deliver newspapers to consumers do not require permits, whether or not they are self-employed.)
• Minors who participate in any horseback riding exhibition, contest or event, whether or not they receive payment for services or prize money.
• Minors employed by state and local agencies that are not included in the Labor Code's child labor provisions. State and local agencies are, however, covered by the federal Fair Labor Standards Act (FLSA) and must meet all of its requirements.

Hours/Days of Work

A number of federal and California state laws impose stringent restrictions on the number of work hours individuals under the age of 18 may be employed. California's child labor laws are particularly restrictive in this regard. See What are California limitations on the hours that minors are allowed to work?

Because the intent of California's child labor laws is to ensure that employment of persons younger than 18 is compatible with the minor's relative age, schooling and personal safety, minors generally face greater restrictions on the maximum number of hours they may work during school and nonschool hours.

As such, employers in the state of California must generally follow and comply with California state law on hours of work rather than with federal law. A summary of the hours of work restrictions is available from the DLSE. See Employment of Minors Summary Chart.

In general, minors ages 14 and 15 may work three hours per school day outside school hours and eight hours on any nonschool day up to a maximum of 18 hours per week. WEE students may work during school hours and up to 23 hours per week.

Minors ages 16 and 17 may work four hours per day on any school day and eight hours on any nonschool day or on any day preceding a nonschool day up to 48 hours per week. WEE students and personal attendants may work more than four hours on a school day, but never more than eight hours.

Young minors ages 12 and 13 may be employed only during school holidays and vacations, including weekends, and may never be employed on any school day, either before, during or after school.

All minors are permitted to work up to eight hours per day when school is not in session.

Permissible and Prohibited Occupations

Even during permitted hours and with required work permits, some jobs are strictly out of bounds for minors. California prohibitions include by reference all the occupations declared in federal regulations as hazardous for minors or detrimental to their health or well-being. See U.S. DOL: Hazardous Jobs.

With rare exceptions, such as the sale and service of alcohol or the transportation of hazardous materials, persons who are at least age 18 may be employed in any occupation. Minors, however, are prohibited from working in numerous occupations that have been declared hazardous (except those minors who fall under the parent or guardian employer exception) or detrimental to health or well-being, depending on the occupation and the age of the minor.

The lists of prohibited occupations for each age group are long and address many specific kinds of employment. By way of just a few examples, minors under age 16 may not be employed or permitted to work in the following occupations:

• Any occupation declared particularly hazardous for the employment of minors between ages 16 and 18 or declared detrimental to their health or well-being.
• Any occupation declared particularly hazardous for the employment of minors below age 16 (as defined by federal regulations regarding the use of specified agricultural equipment).
• Work performed in or near boiler or engine rooms.
• All work requiring the use of ladders, scaffolds or their substitutes.
• Baking.
• Work in freezers and meat coolers and all work in the preparation of meat.
• All occupations in warehouses except office and clerical work.
• Manufacturing, mining or processing occupations.
• Driving a vehicle transporting passengers or riding on a tractor as a passenger or helper.

The law specifies some occupations that may be appropriate for minors of a certain age. A common example is that 14- and 15-year-olds may be employed in numerous food service and retail occupations.

The above examples are a small sampling of the comprehensive list of occupations and industries in which minor employees are legally permitted to work or prohibited from working in the state of California. Thus, any organization considering employing a minor must check the lists of identified occupations for the relevant age of the minor to ensure that the minor will not be working in a prohibited occupation. A complete listing of occupations and industries is beyond the scope of this article. For a comprehensive listing of permissible, restricted and prohibited occupations for minors under the age of 18, employers should refer to the California Child Labor Laws.

Employing Minors in the Entertainment Industry

The entertainment industry has different rules and hours-of-work restrictions for minor workers. The "entertainment industry" is defined in state regulations as "any organization, or individual, using the services of any minor in: motion pictures of any type (film, videotape, etc.), using any format (theatrical, film, commercial documentary, television program, etc.), by any medium (theater, television, videocassette, etc.); photography; recording; modeling; theatrical productions; publicity; rodeos; circuses; musical performances, and any other performances; and any other performances where minors perform to entertain the public."¹

Minors in the entertainment industry may not work more than eight hours in a day or more than 48 hours in a week. They may work only between the hours of 5 a.m. and 10 p.m. (to 12:30 a.m. on days preceding a nonschool day). "School day" is defined as any day that a minor is required to attend school for 240 minutes or more.

Employers in the entertainment industry must possess an application to employ minors issued by the DLSE when employing minors under either an individual or blanket permit.

To obtain an entertainment permit, employers must demonstrate proof of workers' compensation coverage. The permit is then issued for an indefinite period, but the DLSE's policy requires that any interruption of workers' compensation coverage requires a new application.

Permits to work and permits to employ

Minors ages 15 days to 18 years employed in the entertainment industry (as defined above) must have a permit to work, and employers must have a permit to employ issued by the DLSE. These permits are also required for minors making phonographic recordings or who are employed as advertising or photographic models. These permits are required even when the entertainment is noncommercial in nature.

The DLSE issues two types of entertainment work permits: individual permits and blanket permits. An individual permit is issued for a period of six months to the minor specifically named in the application and must be renewed in the same manner and under the same conditions as the original permit. Blanket permits are issued for groups of minors hired for special events or for particular productions lasting for a limited period of time.

Employers obtain these permits after demonstrating proof of workers' compensation coverage and proof that a parent or guardian will accompany each group of 20 minors or fraction thereof. The DLSE requires that school verification and parental consent forms for each minor accompany the application. Minors are not individually named on the permit, but a list of the minors' names submitted by the employer is attached. These permits expire at the end of the special event for which they were originally issued. See DLSE Forms—Child Labor.

Employment of infants

In 2013, California passed Assembly Bill 2396, which amends rules regarding employment of infants under the age of one month on a movie location or set. The bill clarifies that a temporary permit authorizing the infant's employment will only be issued after the specific requirements of Labor Code §1308.8 are met. For example, a pediatric physician must provide written certification that the infant is at least 15 days old; the physician must advise that the infant was carried to full term and was of normal weight and that the infant is physically capable of handling the stress of filmmaking.

Entertainment industry exceptions

In addition to work permit requirements, employers in the entertainment industry must also comply with various other concurrent requirements.

Minors of any age may appear in the following venues without permits:

• In any church, public or religious school or community entertainment.
• In any school entertainment or in any entertainment for charity or for children, for which no admission fee is charged.
• In any radio or television broadcasting exhibition in which the minor receives no compensation directly or indirectly, the engagement of the minor is limited to a single appearance lasting not more than one hour and no admission fee is charged for the radio broadcasting or television exhibition.
• At any one event during a calendar year, occurring on a day on which school attendance is not required or on the day preceding such a day, lasting four hours or less, when a parent or guardian of the minor is present, for which the minor does not directly or indirectly receive any compensation.
• Minors with high school diplomas or equivalency.

Employment of Minors in Door-to-Door Sales

California regulations require the registration of any person who employs, transports or supervises a minor under 16 years of age in door-to-door sales more than 10 miles from the minor's residence. Registrants must comply with all state and federal laws that regulate the employment of minors, the payment of wages, and the conditions, terms and places of employment affecting the health and safety of minors. See Employment of Minors in Door-to-Door Sales Who Must Register.

Postings

Employers are required to post many types of notices, some specific to certain industries. See Workplace Posting Requirements.

In addition to posting requirements for all employers, every owner, tenant or operator of a farm employing parents having minor children in their immediate care and custody must conspicuously post a notice, where it may be easily read by employees, stating that minor children are not allowed to work unless permits to work have been secured. Notices must be printed in both English and Spanish. Employers must furnish their own notices because there is no model poster available.

Record-Keeping

When employing minors in California, record-keeping is more robust. According to the California DLSE, employers must keep all permits on file. Records must be open at all times for inspection by school authorities and officers of the DLSE. Failure to produce permits is prima facie evidence of the illegal employment of minors and triggers a $500 fine on the first offense. Employers of minors must also keep, for three years, a record showing the names, ages (dates of birth) and addresses of all minors employed and time and payroll records required by the applicable Industrial Welfare Commission (IWC) Wage Order. Employers that employ student learners must keep a copy of the written agreement with the minor.

Penalties

The state of California provides two types of civil penalties for violations of child labor laws.

Class A violations are the more severe, generally involving underage employment in hazardous occupations. Class A violations incur penalties of not less than $5,000 and up to $10,000 for each and every violation.

Class B violations include violations of Labor Code sections related to work permits and employment of minors in the entertainment industry and such other violations that the Director of Industrial Relations determines have a direct or immediate relationship to the health, safety or security of minor employees other than Class A violations. Class B violations carry civil penalties of not less than $500 and up to $1000 for each and every violation.

In addition, any employer may be liable for civil penalties for:

• Failure to pay the applicable minimum wage.
• Failure to carry workers' compensation insurance.
• Failure to provide a written deduction statement.

Criminal violations of child labor laws are misdemeanors punishable by fines ranging up to $10,000 or by confinement in the county jail for periods up to six months, or both fine and imprisonment. In essence, almost all the child labor laws, as well as the compulsory education laws, have some misdemeanor penalty attached to them.

Liability for child labor penalties

All statutes governing prohibited occupations make liable any person who employs or permits underage minors to work in the prohibited occupation. This means that any person, even if he or she is not the employer that permits an underage minor to perform a hazardous duty no matter how voluntary the act is on the part of the minor, is liable for Class A penalties. Even minors who regard themselves as self-employed may not engage in these prohibited activities. A client who permits such a minor to engage in the prohibited activity would be liable for Class A penalties. This type of liability also extends to underage employment in any of the federally regulated occupations adopted by the state of California.

Owners of real property who knowingly benefit from child labor violations are subject to all applicable civil penalties, whether or not the person is the minor's employer.

Parents or guardians (in addition to employers, agents, managers, etc.) who permit the minor to be employed unlawfully in the entertainment industry (which includes any violation of state regulations governing minors in the entertainment industry) are liable for any civil and criminal penalties that arise from the violation.

Garment manufacturers that within a two-year period commit a second violation involving child labor, minimum wage or maximum hours of labor, in any combination of violations, may be required by the Labor Commissioner to post a surety bond. Upon a third or subsequent violation within a two-year period, the Labor Commissioner may suspend a garment manufacturer's registration for up to one year and confiscate any partially or fully assembled garments.

Additional Resources

Many resources are available to assist employers with complying with California and federal child labor laws.

DLSE: Information on Minors and Employment

California Education Code

California Labor Code

Agencies and organizations

California Department of Industrial Relations

California Division of Labor Standards Enforcement

California Division of Occupational Safety and Health (DOSH)

California Industrial Welfare Commission

California State Legislature 

Office of Disability Employment Policy (ODEP): Resources for Youth

U.S. Department of Labor 

Endnotes

¹California Code of Regulations, Title 8, Chapter 6. Division of Labor Standards Enforcement, §11751. Retrieved from http://www.dir.ca.gov/t8/11751.html