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