Our Blog

Read about legislation, cases, law news on how our
work is helping our clients.
CONFIDENTIAL & FREE CONSULTATION

With the continued shortage of workers available in today’s market, particularly in the hospitality industry, many employers are expanding their searches for qualified workers to include minors. However, employers must observe special rules and regulations if they plan on hiring minors. The Fair Labor Standards Act (FLSA) regulates the employment of minors, including how many hours they can work and in what industries. California has its own regulations that are often stricter than the FLSA.

Below is an overview of what minors need to know when it comes to being hired by employers in California. If you have questions, consider contacting a California employment attorney

Work Permits For Minors

Employers must get a work permit issued by a minor’s school before hiring them unless the minor is a high school graduate. Once the employer hires the minor, it must get a work permit before the minor does any work, including training or orientation, even if the minor doesn’t do any job duties at that time. The school will decide whether to issue a work permit. The school can issue a work permit for the maximum amount of hours permitted by law, limit the hours the minor can work, or refuse to issue a permit altogether.

Types of Work Permits

There are different types of permits for minors to work in California and forms you need to fill out, including:

  1. Statement of Intent to Employ a Minor and Request for a Work Permit-Certificate of Age CDE Form B1-1(DOC)
  2. Permit to Employ and Work CDE Form B1-4(DOC)
  3. Statement of Intent for Self-Certification for Permit to Employ and Work CDE Form B1-8(DOC)
  4. Request for Volunteer/Unpaid Trainee Authorization for Minors CDE Form B1-6(DOC)

When Can a Minor Work in California?

16- and 17-year-olds can work up to 8 hours a day, up to 48 hours a week, and between 7:00 a.m. and 12:30 a.m, when school is not in session on days that do not precede a school day. 12 through 15-year-olds are allowed to work up to 8 hours per day, up to 40 hours per week, and between 7:00 a.m. and 7:00 p.m., except that from June 1 through Labor Day, until 9:00 p.m.

Minors who are 16 and 17 years of age and enrolled in a work experience or cooperative vocational program approved by the California Department of Education can work until 12:30 a.m. on any day and may work more than 8 hours on a school day. Youth who are 14 and 15 years old can enroll in a work experience education program and be issued permits to work in full-time employment if their family needs the full-time earnings because of the death or desertion of the youth’s father and/or mother, and sufficient aid cannot be secured in any other manner; they need the full-time earnings for support because they are unable to reside with his or her family; or they reside in foster care and, with the written authorization of their social worker, probation officer, or child protective services worker, they wish to further the goal of obtaining a court-ordered Declaration of Emancipation or gain knowledge of work skills and habits.

School Attendance

Minors aged 12 to 15 must attend high school full-time unless they have graduated high school or have a comparable education. 16 and 17-year-olds are not required to attend high school full-time if they have already graduated or have a similar certificate. If they are employed and haven’t graduated from high school, they must attend continuation school for 4 hours per week or more.

Definition of Minor according to California Labor Code

California Labor Code § 1286 establishes that a minor is defined as any person under 18 years of age who is required to attend school under Chapter 2 and Chapter 3 of Part 27 of Division 4 of Title 2 of the Education Code, and any person under six years of age. An individual under 18 years of age who is not required to attend school under the Education Code solely because they are a nonresident of California will still be considered a minor.

School dropouts will still be subject to California’s compulsory education laws and attendance requirements, and are thus still subject to all state child labor laws. Virtually all minors under the age of 18 will be subject to California’s child labor protections.

Only high school graduates and individuals with equivalency degrees under the age of 18 will be entirely excluded from California work and hour restrictions, but they are not excluded from wage orders. Federal law also imposes restrictions regarding the employment of high school graduates under age 18, as it may prohibit employment of such people in certain occupations absent appropriate apprenticeship or student-learner programs.

There is a narrow exception to coverage for employers who are 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. Such parent or guardian employers are exempt from work permit requirements, most work hour restrictions, and hazardous occupation prohibitions.

Minors cannot be employed by parents or guardians in these exempted occupations during school hours, even when the minor is under school age. Parent or guardian employers employing their children can also be exempt from complying with both state and federal minimum wage and overtime pay requirements.

California Labor Code § 1391(c) subjects parents or guardians to special liability when they allow a minor to be unlawfully employed, even when they are not the employers themselves.

Work Hours For Minors

Minors cannot work unlimited hours. Their work hours may depend on their age and school calendar:

  • 16 and 17-year-olds can work 4 hours per day during any school day or 8 hours during any non-school day. They can work up to 48 hours per week between 5 a.m. and 10 p.m., except evenings before non-school days. On those days, minors can work until 12:30 a.m.
  • Children aged 14 and 15, if they haven’t completed 7th grade, can work up to 3 hours per day on school days and 8 hours per day on non-school days. They can work up to 18 hours per week.
  • 12 and 13-year-olds can work only during school holidays and weekends. They can never be employed during a school day.

Wages and Hours For Minors in California

Minors must be compensated at least the minimum wage. They must be given overtime rates and be given all legally required meal and rest breaks. High school students must be paid the same rates as adults when they perform the same amount and quality of work. This includes wages that are above minimum wage.

Penalties for Violating California Child Labor Laws

Violations of child labor laws have severe civil and criminal punishments. The more serious penalties often involve minors working in dangerous occupations. Criminal violations of child labor regulations are misdemeanors, meaning they are punishable by:

  1. Fines of up to $10,000.
  2. Jail time of up to six months.
  3. Both fines and imprisonment.

Speak with a California Employment Attorney

If you are a minor – or the parent of a working minor – and think your employer is violating child labor laws, contact us to fight on your behalf. Mara Law Firm handles a wide range of employment cases, including those involving minor employees.

Share here...

FREE CASE REVIEWRequest Consultation

Fill out the form 24/7 and our legal team will immediately reach out to you about your situation

#

This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney David Mara who has more than 20 years of legal experience in employment law.

  • I remember screaming at a dear friend of mine saying, “WHY WON’T THE INSURANCE COVER MY TREATMENT!” He said, “…because they know if they do it will increase your settlement.” I said, “WHAT SETTLEMENT! I JUST WANT TO GET TREATMENT! I DIDN’T ASK FOR A SETTLEMENT!” Somewhere I f...

    Mara Law Firm ClientSan Francisco

  • He represented me and many old CO-workers. They were very professional & I’d recommend them to anyone. Great Lawyers for the forgotten working man.

    ScottSan Francisco

  • I would definitely recommend David and really appreciated all the hard work he contributed. David really went the extra mile to help his customers. We were very happy and satisfied with his services. Thank you David!

    Mara Law Firm ClientSan Francisco

  • Mr. Mara was a pleasure to work with. He kept me in the loop. Can’t say enough how good it feels to have someone fighting for you, giving you a voice.

    AlbertSan Francisco

  • I was blown away by the results my case got. It far exceeded my expectations. Not only do you get someone who is a great professional; but he will fight for what you deserve. I was uncertain in the beginning; now I’m a believer. Mr. Mara is also personable. Lisa his paralegal was tremendous throughout the whole process. Sh...

    Jerome HarrisSan Francisco

  • Mr. Mara and his firm helped me file a claim for death benefits on behalf of my late husband. I was very pleased with his knowledge, research, and representation regarding my DBA claim for death benefits. I would absolutely recommend him and his associates to my friends, family, and others needing an attorney who specializes in ...

    Sally A ChandSan Francisco

  • Dave Mara did an outstanding job on my DBA case. Dave, I personally want to thank you for guiding me in the right direction and having a successful case outcome. God bless you for all the effort you put into my DBA case. Words can’t describe how thankful I am. Thank you for helping injured overseas contractors.

    Jim Joned San Francisco

  • Mr. Mara and his staff were very professional and I would highly recommend Mr. Mara. Mr. Mara had my best interests in settling my case and I am very appreciative of all he and his staff did for me. If I ever needed help or had simple questions, Mr. Mara and his staff were always available to take my calls and help me. Highly re...

    DebSan Francisco

  • Dave Mara comes with a very high recommendation. He took a workmans compensation case for me and really handled it well. It was an unclear case and a new issue that the WC most likely had never seen. He kept me up to date with the long confusing process and was very understanding and sympathetic to my plight (I was the victim of...

    Linda DSan Francisco

View All Testimonials

Request your confidential & free case consultation

If you are in need of employment litigation attorney in California or have been injured overseas while under a military contract and are in need of a defense base act attorney. Please fill out the form below and contact us immediately for a FREE consultation.

all fields are required*