Introduction
The legislative acts regulating the terms of working for minors in California, which involve persons below the legal age, are California’s child labor statutes. State restrictions are accompanied by federal regulations that prohibit certain types of occupations from employing minors.
Child labor laws are made to protect children from exploitation and harm at work while ensuring that they receive education and compensation for their work.
Child protection is another goal of these labor rules, as human traffickers prey on the weak and young.
There are eight important points to be aware of regarding California’s child labor laws:
- 14 is the statutory working age.
- There is some employment left for minors under the age of 14.
- There are also some jobs that are restricted for minors under the age of 18.
- The minor should acquire a work permit in order to work.
- If a minor has not completed high school, they still have to attend school.
- The number of hours and times that minors are permitted to work are governed by California child labor laws.
- There are regulations specific to the entertainment sector, notably
- There are significant safeguards for children at work.
1. In California, the permitted working age is 14
Generally speaking, 14 is the legal age to work in California. Typically, kids below this age aren’t permitted to work.
Nonetheless, there are many exceptions to these laws on child labor that allow youngsters to obtain work experience.
There are many limitations on the hours and locations of employment for minors aged 14 and up. A work permit is also required.
2. Certain jobs can be performed by minors under the age of 14
Certain occupations are still open to minors 13 years of age and under. There is no work permit needed for these jobs. These consist of:
- Odd jobs, such as babysitting and yard work, are performed sporadically and at private residences;
- Self-employment endeavors, such as launching a business or operating a lemonade stand
- Operating a paper route.
- Jobs in agriculture, if the youngster works for the legal guardian or parent who owns, manages, or controls the business.
Children under the age of 14 can also act as child actors. A work permit is necessary for this, though.
Youngsters under the age of 14 can additionally work as outside salespersons, either by walking door-to-door or at a set spot on the street. Within fifty miles of their residence, they are also able to sell newspapers and periodicals.
There is no need for a work permit for these sales positions. However, adults must supervise kids performing them.
3. Certain employment is off-limits to minors under the age of 18
The following industries are listed in the FLSA (Fair Labor Standards Act) issued by the U.S DOL (Department of Labor) and are not allowed for any juveniles (those who are younger than eighteen):
- Meatpacking,
- Excavation,
- Roofing, or
- Logging
Also, they cannot do the following dangerous jobs: in a bakery, sawmill, on a crane, or with any other power-driven hoisting devices.
The California child labor laws do not allow juveniles under 18 years to undertake any harmful or unhealthy activity, such as working on railroads, in mines, or on scaffolds.
Certain additional vocations, such as employment at a package store, are also subject to adult supervision requirements under California child labor laws.
4. Typically, minors require a work permit
Generally speaking, minors in California require a work permit in order to work, though there are several exceptions.
If a minor wants to work, they must apply for a permit. Through the submission of a “Statement of Intent to Employ Minor & Request for Work Permit – Certificate of Age,” they submit this request. The minor’s legal guardian or parent must sign this request. It is accessible via the CDE (California Department of Education) website.
For approval, the request is sent to the minor’s district education office. School administrators grant a Permit for Employment and Work upon approval. This permit is kept on file by the minor. Additionally, a duplicate of the permission is given to the minor’s company.
The minor’s permit may be canceled if the work negatively impacts their education or health, or if they breach any other permit restrictions.
California permits for employment expire five days after the next school year begins.
5. Minors who work must still go to school
According to California child labor laws, minors who have not yet obtained a high school diploma or a cert of proficiency must continue their education. The age of the minor determines the required attendance at school:
- 16 and 17-year-old minors are required to attend continuing school for a minimum of 4 hours a week if they’re regularly working, or 15 hours a week when they are not; while
- Children below the age of sixteen are required to attend school full-time.
6. Working hours that you can be given are regulated by child labor regulations
The hours that a minor can work in a week in California are governed by state child labor laws. They also place restrictions on the number of hours that may be achieved.
It means, for instance, that children who are 12 or 13 years old are not allowed to be employed on school days. They are only able to work during school breaks or holidays.
Teenagers aged sixteen and seventeen can, in the meantime, work:
- 48 hours every week,
- 8 hours a day on days when there are no classes or the days prior
- On school days, four hours a day
7. The entertainment sector is an exception
The entertainment sector is exempt from California child labor laws when it comes to hiring children.
State legislation gives young children the largest exemption. Actors as young as fifteen days old are permitted to work.
For employment in the entertainment sector, however, every minor needs a work permit. These permits are not given by the school district, but solely by the Labor Commissioner of the DLSE (Division of Labor Standards Enforcement).
8. Workplace rights for minors
In California, minors have rights within state employment law alongside child labor regulations. The majority of minors count as non-exempt employees.
Thus, they are entitled to the relevant overtime compensation, rest and meal breaks, and minimum wage.
For injuries sustained in the workplace, the majority of minors are also entitled to compensation from their employer.