Published by Schmidt & Clark, LLP is not currently accepting these types of cases and has posted this content for information purposes only. We encourage you to seek a qualified attorney, if you feel you might have a case.
How Many Hours Can a Minor Work in California During School?
If you are under the age of 18, you may only work 4 hours per day on any school day. Minors can work 8 hours on any non-school day or on any day preceding a non-school day. 48 hours per week maximum.
Related Article: Working 7 Days in a Row?
Night Work Restrictions for Minors
Night work restrictions set limits on how late a minor can legally work. For minors under the age of 16, work is prohibited from 7 p.m. to 7 a.m. For minors aged 16 to 17, work is prohibited from 10 p.m. to 5 a.m.
What is a Work Permit?
If you are a minor under the age of 18 who lives in California, you must have a work permit before you can start a job. You get your permit from your school.
Minors are only able to hold down certain types of jobs, for example, non-hazardous jobs. Work permits are not required for employment as a newspaper carrier, babysitter, or gardener in private homes.
Step-by-Step Instructions for Obtaining a Work Permit
- Obtain the Application: Get the "Statement of Intent to Employ a Minor and Request for Work Permit" (CDE Form B1-1) from your school or download it from the California Department of Education website.
- Complete the Application: Fill out your personal information at the top of the form. Have your prospective employer complete their section, and obtain a signature from a parent or guardian.
- Submit the Application: Return the completed form to your school’s office. During summer, this might be handled by the district superintendent’s office.
- Permit Issuance: Once reviewed and approved, the school will issue a "Permit to Employ and Work" (CDE Form B1-4). This process typically takes about 48 hours.
- Provide to Employer: Give a copy of the work permit to your employer, who must keep it on file at the workplace.
Required Documentation
- Completed CDE Form B1-1
- Social Security Number
- Parent or legal guardian's signature
- Employer's information
- Valid ID (e.g., California Driver's License, School ID, Birth Certificate)
- Current school transcript (if required by school)
Common Reasons for Permit Denial
- Academic Performance: GPA below 1.6
- Incomplete Application: Missing signatures or information
- Job Type: Employment in prohibited jobs for minors (e.g., hazardous occupations)
- Non-compliance with School Attendance: Poor attendance or academic performance can lead to denial or revocation.
Permit Renewal Information
- Expiration: Work permits expire five days after the start of the new school year.
- Renewal Process: To continue working, minors must apply for a new work permit each school year.
- Continuation for Same Job: Even if continuing with the same employer, a new permit is required each year.
What is the Minimum Wage for Minors in California?
California employers may pay 18-year-olds and minors under the age of 18 the youth minimum wage of $4.25 for the first 90 days of employment. Other labor law exemptions for minors in California may exist.
Read Also: California Child Labor Laws
Entertainment Industry Exceptions
Child labor laws in California have exceptions for the entertainment industry regarding the employment of minors.
Entering the entertainment industry as a child actor requires proper documentation and adherence to strict age requirements.
Here's how California ensures minors are ready to work legally:
- Minors as young as 15 days old can work as actors.
- All child actors must obtain a work permit from the California Division of Labor Standards Enforcement.
Balancing Work and Rest: Maximum Hours Allowed
California carefully limits the number of hours minors can work based on their age to ensure they stay healthy and maintain a work-life balance:
- Infants (Under 6 months): Up to 20 minutes per day.
- Ages 6 months to 2 years: Maximum 2 hours per day.
- Ages 2 to 6: Up to 3 hours per day.
- Ages 6 to 9: 4 hours on school days, 7 hours on non-school days.
- Ages 9 to 16: 5 hours on school days, 7 hours on non-school days.
- Ages 16 to 18: 6 hours on school days, 8 hours on non-school days.
Protecting Break Time: Required Rest Periods
To avoid overworking, child actors must have designated breaks during their workday. These regulations prioritize their health and well-being:
- Rest Breaks: A 15-minute rest period is required for every 2 hours.
- Meal Breaks: At least 30 minutes must be given after no more than 6 hours of work.
Staying Educated: Schooling Requirements
Education is a top priority for child actors. California ensures that minors continue to learn even while on set:
- School Hours: 3 hours of schooling are mandatory for grades 1-12 on each workday.
- Timing: Schooling must occur between 7 AM and 4 PM.
- Attendance: Work schedules cannot interfere with regular school attendance.
Guidance on Set: Studio Teacher Requirements
Studio teachers are vital to protecting and educating minors during productions. Their role ensures child actors receive both supervision and education:
- A studio teacher must be present for all minors under 16.
- One teacher is required for every 10 minors on set.
- Teachers oversee education and ensure the safety and welfare of young performers.
Securing Their Future: Trust Account Rules (Coogan Law)
The Coogan Law protects the earnings of child actors by requiring a portion to be set aside for their future. Here's how it works:
- Earnings: 15% of a minor’s gross income is deposited into a Coogan Trust Account.
- Threshold: Applies to contracts worth $2,500 or more.
- Access: Funds are held until the child turns 18 or becomes emancipated.
Extra Safeguards: Additional Protections
California has implemented additional measures to keep child actors safe, educated, and prepared for the industry:
- A parent or guardian must be present on set at all times.
- Child actors aged 14-17 must complete sexual harassment prevention training.
Retail Jobs: Flexible and Accessible Opportunities for Teens
Retail positions are a great starting point for teens, offering experience in customer service and teamwork.
Key points include:
- Common roles: cashier, sales associate, stocker.
- Restrictions for under 16:
- Cannot operate heavy machinery or power-driven equipment.
- Limited to 3 hours on school days and 18 hours per school week.
- For 16-17-year-olds: there are fewer restrictions, but they are still barred from hazardous occupations.
Restaurant and Food Service: Building Responsibility and Skills
Food service jobs teach valuable skills and emphasize food safety.
Here’s what teens should know:
- Hygiene: Wash hands with soap for at least 20 seconds before handling food.
- Glove Use: Prevent contamination by wearing gloves properly during food prep.
- Food Safety:
- Avoid cross-contamination between raw and cooked foods.
- Maintain proper food temperatures: hot foods above 140°F, cold foods below 40°F.
- Equipment Restrictions: Minors under 16 cannot use or clean power-driven food equipment like slicers or grinders.
Summer Camp Jobs: Fun and Rewarding Experiences
Summer camps provide an active and fulfilling environment for teens to work. Highlights include:
- Age Requirements:
- Most counselors must be at least 16 years old.
- Overnight camps often require counselors to be 18.
- Certifications: First aid and CPR are often mandatory.
- Background Checks: Common for all staff, including minors.
- Flexible Hours: Child labor restrictions are relaxed during school vacations.
Tech Industry: Innovative Opportunities for Young Minds
Teens interested in technology can explore exciting roles and programs:
- Opportunities:
- Internships or entry-level positions in web design, coding, and IT support.
- Online freelancing for projects like web development.
- Special Programs: Many companies offer high school programs or competitions.
- Privacy Protections: Strict regulations ensure data privacy when minors are employed.
Internships: A Stepping Stone to Career Success
Internships provide teens with valuable professional experience. Key points to note:
- Unpaid Internships:
- Must meet legal requirements focused on education, not free labor.
- Paid Internships: Subject to minimum wage laws.
- Work Hour Limits:
- For 14-15 year olds: Limited to 3 hours on school days and 18 hours per school week.
- Meaningful Roles: Interns should receive training and mentorship rather than menial tasks.
These opportunities help teens gain skills, build networks, and prepare for future careers.
How to Report Child Labor Violations in California?
If you suspect a child labor violation in California, follow these steps to report it effectively:
- Gather Evidence: Collect details about the employer, the child involved, and the work performed.
- Contact the WHD: Contact the U.S. Department of Labor's Wage and Hour Division (WHD) via phone, email, or by visiting a local WHD office.
- File a Complaint: Submit your complaint online, by mail, or via fax. The WHD will investigate the issue and take necessary action.
- State-Specific Issues: Contact California Division of Labor Standards Enforcement for violations under California law.
- Special Circumstances: If the case involves hazardous conditions, discrimination, or human trafficking, the matter may be referred to OSHA, EEOC, or other agencies for further investigation.
Reporting child labor violations is essential to ensure the safety and rights of minors in the workplace. By collecting evidence and filing complaints with the appropriate federal or state agencies, you can help prevent exploitation and promote a safer working environment for children.
Penalties for Employers Who Violate California Child Labor Laws
An employer who violates California child labor laws can be charged with either a Class A or Class B violation. A Class A violation carries a penalty of between $5,000 and $10,000.
A Class B violation carries a violation from $500 to $1,000. Criminal prosecution is also possible, depending on the type of violation.
Related Articles:
FAQs
Do minors in California need a work permit?
Yes, minors under the age of 18 in California need a work permit to be legally employed. The work permit must be obtained from the minor's school and signed by a school official. The permit verifies the minor’s age and specifies the hours they are allowed to work. Employers are required to have this permit on file.
Are there any jobs that minors are not allowed to do in California?
Yes, California law prohibits minors from performing certain jobs that are considered too dangerous or inappropriate for their age. These jobs include working with hazardous machinery, handling explosives, roofing, logging, meatpacking, and any job that involves exposure to harmful chemicals or toxic substances.
What are the penalties for employers who violate child labor laws in California?
Employers who violate child labor laws in California can face severe penalties, including fines, criminal charges, and civil lawsuits. Penalties may include fines ranging from $500 to $10,000 per violation, and in some cases, imprisonment. Employers may also be held liable for any injuries sustained by minors as a result of illegal employment practices.
See all related hourly worker wage dispute lawsuits our attorneys covered so far.
Get a Free Lawsuit Evaluation With Our Lawyers
The Litigation Group at Schmidt & Clark, LLP law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in lawsuits. We are handling individual litigation nationwide and currently accepting new legal challenges in all 50 states.
If you or a loved one was involved with any of these matters, you should contact our law firm immediately for a free case evaluation. You may be entitled to a settlement by filing a suit and we can help.