California Law on Hiring Minors
California’s child labor law protects almost all minors under 18. Minors who are 16 and 17 years old may work 4 hours per day on any school day and 8 hours per day on nonschool days. This article links the necessary documents for a minor to work in California
Author: Brad Nakase, Attorney
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Can Employers Hire Minors in California?
Almost all minors under 18 years old working in California must have a permit to work. Minors under 14 years old and under are not allowed to work. Minors who are 16 or 17 years old may work a maximum of 4 hours on school days, 8 hours on nonschool days, and up to 48 hours per week. Before working, minors can obtain an Employment Certificate through the California Department of Labor and their school, generally by contacting the school administrator or guidance counselor.
With few exceptions, companies must obtain a permit from the minor’s high school prior to hiring them. This is not required if the individual has graduated high school or has achieved equivalent proficiency. After an employer decides to hire a minor, the employer has to get the permit prior to the youth beginning work. ‘Work’ includes training and orientation, even if no actual work is completed. The school has the authority to decide whether or not to supply a permit and might choose to provide the permit for as many hours as legally allowed, to limit hours worked, or to reject the permit completely.
In this article, our employment attorney for companies discusses the various rules that employers must be familiar with before hiring minors:
Can 14 Year Olds Work in California?
Yes, children who are 14 years old can work in California. Fourteen year old children can work 3 hours on school days, 8 hours on the weekend, and maximum 18 hours per week.
What is the legal working age in California?
Generally, the legal work age in California is 14 years old, so long as the minor obtains a work permit. The minor can work up to 18 hours per week. On school days, the 14-year-old child may work only 3 hours. On the weekend, the 14-year-old minor can work 8 hours.
Necessary Work Permits for Minors
A minor who wants to work in California will need to submit two documents (click on link to get the forms):
- Permits to Employ and Work.
- Statement Of Intent To Employ A Minor And Request For A Work Permit–Certificate Of Age.
A work permit will not be issued to a minor until the “Statement Of Intent To Employ A Minor And Request For A Work Permit–Certificate Of Age” form has been signed by the parent or guardian, foster parent, caregiver, or residential shelter service provider and filed with the issuing authority.
Minor work permits shall expire five days after the opening of the next succeeding school year. Full-time exempt work permits issued to 14 & 15 year olds shall expire no later than the end of the current school year.
Minor Work Hours
According to the minor work law, minors must have limited work hours. These hours may vary depending on the minor’s age and the nature of their school calendar.
During the school year
- Minors who are 16 and 17 can work 4 hours each day on school days, eight hours per day on weekends or on Fridays, as many as forty-eight hours each week, between 5 a.m. and 10 p.m. (on Fridays, a minor can work until 12:30 a.m.)
- Minors who are fourteen- and fifteen-years-old can work as many as three hours on school days, eight hours on weekends, and at max eighteen hours each week.
- Twelve- and thirteen-year-olds can only work during weekends and school holidays. They may never work on a school day.
During school holidays
- Sixteen- and seventeen-year-olds can work as many as eight hours per day, as many as forty-eight hours in a week, between 7 a.m. and 12:30 a.m. on days not preceding a school day.
- Twelve through fifteen-year-olds can work as many as eight hours per day, as many as forty hours in a week, between 7 a.m. and 7 p.m. From June 1 until Labor Day, they may work until 9 p.m.
- Minors between sixteen and seventeen who are involved in a California Department of Education-approved vocational program or work experience are permitted to work until 12:30 a.m. on any day and can work over eight hours during a school day.
- Minors between fourteen and fifteen can sign up for a work experience program and receive permits to work full-time if:
- The minor’s family need full-time income due to the passing or abandonment of the minor’s parent(s), or if satisfactory assistance cannot be achieved in another way.
- The minor needs the wages for support due not being able to live with their family.
- The minor is in foster care. With the approval of their social worker, they wish to obtain a Declaration of Emancipation or attain knowledge of work habits and skills.
Minors Wage and Hour
A minor is required to receive the minimum wage at least, in addition to the relevant overtime compensation and legally mandated rest and meal periods. Those with high school diplomas or the equivalent proficiency should be paid the same as adults if they do the equivalent quantity and quality of work. This also applies to wage rates greater than the minimum wage.
What Are the Penalties for Violation Child Labor Laws?
There are severe criminal and civil penalties for violating child labor laws. The more serious punishments are generally for employing minors in dangerous occupations. Criminal breaches of these laws are classified as misdemeanors. These carry a minimum fine of ten thousand dollars, a minimum of six months in prison, or both.
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