Back-to-School Means Child Labor Compliance: What California Employers Need to Know

With students heading back to the classroom, employers should take a moment to review California’s child labor laws before hiring minors. California imposes strict requirements governing when minors may work, the number of hours they can work, the types of jobs they may perform, their wages, and the permits required before employment begins.

Below is an overview of some of the key rules applicable to minors employed in California, including restrictions on work hours and permit requirements. Employers should keep in mind that this is not a comprehensive summary, and additional obligations may apply when employing minors. Certain industries are also subject to separate rules, with significantly different requirements for minors working in the entertainment industry.

California’s requirements also differ from the U.S. Department of Labor regulations and the requirements of other states. Therefore, it is important to verify the applicable requirements in each state where an employer employs minors.

When Can Minors Work?

Ages 12-13

In California, children may begin working at age 12.

During the school year, 12 and 13-year-olds may only work on weekends, holidays, and school vacations. They cannot work on any school day, whether before, during, or after school.

When school is not in session, they may work:

• Up to 8 hours per day
• Up to 40 hours per week
• Between 7:00 a.m. and 7:00 p.m.

From June 1 through Labor Day, evening hours may be extended until 9:00 p.m.

Ages 14-15

Minors ages 14 and 15 must generally have completed the seventh grade before working while school is in session.

During the school year, they may work:

• Up to 3 hours on a school day after class
• Up to 8 hours on a non-school day
• Up to 18 hours per week

Students enrolled in a Work Experience Education (WEE) program may be permitted to work during school hours and up to 23 hours per week.

When school is not in session, they may work:

• Up to 8 hours per day
• Up to 40 hours per week
• Between 7:00 a.m. and 7:00 p.m.

As with younger minors, the permissible workday extends to 9:00 p.m. from June 1 through Labor Day.

Ages 16-17

Minors ages 16 and 17 must also generally have completed the seventh grade to work while school is in session.

These older teens have greater flexibility, but employers must still comply with restrictions on hours and scheduling.

Generally, they may work:

• Up to 4 hours on a school day
• Up to 8 hours on a non-school day
• Up to 48 hours per week

Certain students participating in WEE programs, or those employed as personal attendants such as babysitters, may be permitted to work up to 8 hours on a school day.

Permitted work hours are generally:

• 5:00 a.m. to 10:00 p.m. on evenings preceding a school day
• Until 12:30 a.m. on evenings preceding a non-school day

WEE students may be permitted to work until 12:30 a.m. on any day with appropriate authorization.

Don’t Forget the Work Permit

Before putting a minor on the schedule, employers should make sure they have obtained the required work permit. Failing to do so can create unnecessary compliance risks.

With limited exceptions, all minors under the age of 18 employed in California must obtain a valid work permit before starting employment.

To secure a permit:

1. The minor obtains a Statement of Intent to Employ Minor and Request for Work Permit.
2. The employer completes its portion of the form.
3. The form is submitted to the minor’s school.
4. Upon approval, the school may issue a Permit to Employ and Work.

Importantly, a minor cannot begin working until the employer receives a valid Permit to Employ and Work.

Takeaways

Hiring minors can help address staffing needs while providing valuable work experience to young employees. However, California’s child labor laws are highly regulated, and employers should carefully review scheduling and permit requirements to avoid costly compliance issues.