Child Labor Law Summaries
California, Child Labor Law Summaries
California's child labor law is located in the California Codes Annotated, Labor Code, Division 2, Part 4, Chapter 2, Article 2 and Chapter 3, Article 2; and in the Education Code at Title 2, Division 4, Part 27, Chapter 7. Corresponding regulations are located in the Official California Code of Regulations at Title 8, Division 1, Chapter 6, Subchapters 1, 2, 2.5, and 10.
For full text laws and regulations relating to child labor, see Wages-Hours ¶5-45,000 ; Wages-Hours ¶5-45,500 ; and Wages-Hours ¶5-45,800 .
DEFINITIONS
“Minor” means any person under the age of 18 years who is required to attend school and any person under the age of six years. A person under the age of 18 years who is not required to attend school solely because that person is a nonresident of California is still considered a minor (Labor Code, Sec. 1286).
COVERAGE
California's child labor law generally covers persons employing minors.
The provisions of California's child labor law, and the civil penalties for violations of such provisions, are fully applicable to every person who owns or controls the real property upon which a minor is employed, whether or not such person is the minor's employer, if the minor's employment is for the benefit of such person, and such person has knowingly permitted the violation or continuation of such violations (Labor Code, Sec. 1301).
EXCEPTIONS
Student-learners
Agriculture.- Section 1294.1 of California's child labor law does not apply to student-learners in a bona fide vocational agriculture program working in any occupation declared particularly hazardous for the employment of minors below the age of 16 in Sec. 570.71 of Subpart E-1 of Part 570 of Title 29 of the Code of Federal Regulations (see Compensation
¶5711 ) or in any occupation excluded from the application of Subpart C of Part 570 of Title 29 of the Code of Federal Regulations, as set forth in Sec. 570.33 (see Compensation
¶5673 ) and paragraph (b) of Sec. 570.34 (see Compensation
¶5674 ) thereof under a written agreement which provides that the student-learner's work is incidental to training, intermittent, for short periods of time, and under close supervision of a qualified person, and includes all of the following: (a) safety instructions given by the school and correlated with the student-learners's on-the-job training; (b) a schedule of organized and progressive work processes for the student-learner; (c) the name of the student-learner; (d) the signature of the employer and a school authority, each of whom must keep copies of the agreement. Minors 14 or 15 years of age who hold certificates of completion of either a tractor operation or a machine operation program and who are working in the occupations for which they have been trained are also exempt from Sec. 1294.1 (Labor Code, Sec. 1295).
Training programs
Sections 1292, 1293, 1294, and 1294.5 of California's child labor law do not apply to any of the following (Labor Code, Sec. 1295):
courses of training in vocational or manual training schools or in state institutions.
apprenticeship training provided in an apprenticeship training program established pursuant to the state's labor code.
work experience education programs, provided that the work experience coordinator determines that the students have been sufficiently trained in the employment or work otherwise prohibited by these sections, if parental approval is obtained, and the principal or the counselor of the student has determined that the progress of the student toward graduation will not be impaired.
High school graduates
California's child labor law provisions generally do not apply to any minor who has been graduated from a high school maintaining a four-year course above the eighth grade of elementary schools, or who has had an equal amount of education in a private school or by private tuition, or who has been awarded a certificate of proficiency (Education Code, Sec. 49101; and Labor Code, Sec. 1391.2).
Agricultural labor
The Labor Commissioner may issue an exemption from laws regulating the employment of minors to employers operating agricultural packing plants that employ minors 16 and 17 years of age during any day during which school is not in session, for up to 10 hours per day during the peak harvest season. These exemptions will only be granted if they do not materially affect the safety and welfare of minor employees and will prevent undue hardship on the employer. The Labor Commissioner may require an inspection of an agricultural packing plant prior to issuing an exemption (Labor Code, Sec. 1393).
Such an exemption must be in writing to be effective, and may be revoked after reasonable notice is given, in writing, by the Labor Commissioner. Any notice of revocation must include the reason for the revocation (Labor Code, Sec. 1393).
An application for an exemption to employ minors in agricultural packing plants must be made by an employer on a form provided by the Labor Commissioner, and a copy of the application must be posted at the employer's place of employment at the time the application is filed with the Division of Labor Standards Enforcement (Labor Code, Sec. 1393).
This exemption also applies to the employment of minors who are enrolled in Lake County schools-they can work for more than 48 hours but not more than 60 hours a week with written approval of the Lake County Office of Education. The exemption is in effect until January 1, 2012. As a condition of receiving this exemption or a renewal of this exemption, an affected employer must, on or before March 1 of each year, file a written report to the Labor Commissioner that contains the following employment information regarding the employer's prior year's payroll (Labor Code, Sec. 1393.5, as amended by Ch. 296 (S. 319), L. 2007):
the number of minors employed by that employer;
a list of the age and hours worked on a weekly basis of each minor employed.
WHAT THE EMPLOYER MUST DO
Generally, California employers may employ minors in nonhazardous occupations if the minor obtains a work permit and the employer secures a permit to employ, and certain hours restrictions are observed.
Prohibited employment
No minor under the age of 16 may be employed, permitted, or suffered to work in or in connection with any manufacturing establishment or other place of labor or employment at any time except as may be provided in California's child labor law (Labor Code, Sec. 1290).
Hazardous occupations.- No minor under the age of 16 may be employed or permitted to work in any capacity in (Labor Code, Sec. 1292):
adjusting any belt to any machinery;
sewing or lacing machine belts in any workshop or factory;
oiling, wiping, or cleaning machinery, or assisting in such duties.
No minor under the age of 16 may be employed, or permitted, to work in any capacity in operating or assisting in operating any of the following machines (Labor Code, Sec. 1293):
circular or band saws; wood shapers; wood-jointers; planers; sandpaper or wood-polishing machinery; wood turning or boring machinery.
picker machines or machines used in picking wool, cotton, hair, or other material; carding machines; leather-burnishing machines; laundry machinery.
printing presses of all kinds; boring or drill presses; stamping machines used in sheet-metal and tinware, in paper and leather manufacturing, or in washer and nut factories; metal or paper-cutting machines; paper-lace machines.
corner-staying machines in paper-box factories; corrugating rolls, such as are used in corrugated paper, roofing or washboard factories.
dough brakes or cracker machinery of any description.
wire or iron straightening or drawing machinery; rolling-mill machinery; power punches or shears; washing, grinding or mixing machinery; calendar rolls in paper and rubber manufacturing; steam-boilers; in proximity to any hazardous or unguarded belts, machinery or gearing.
No minor under the age of 12 may be employed or permitted to work, or accompany or be permitted to accompany an employed parent or guardian, in an agricultural zone of danger (i.e., on or about moving equipment; in or about unprotected chemicals; or in or about any unprotected water hazard) (Labor Code, Sec. 1293.1).
Except for the employment of any minor at agricultural, horticultural, viticultural, or domestic labor during the time the public schools are not in session, or during other than school hours, when the work performed is for or under the control of the minor's parent or guardian and is performed upon or in connection with premises owned, operated or controlled by the parent or guardian, no minor under the age of 12 may be employed or permitted to work, or accompany an employed parent or guardian, in any of the occupations declared hazardous for employment of minors below 16 years of age in Sec. 570.71 of Title 29 of the Code of Federal Regulations (see Compensation
¶5711 ) (Labor Code, Secs. 1293.1 and 1394).
No minor under the age of 16 may be employed or permitted to work in any capacity (Labor Code, Sec. 1294):
upon any railroad, whether steam, electric, or hydraulic.
upon any vessel or boat engaged in navigation or commerce within the jurisdiction of California.
In, about, or in connection with any processes in which dangerous or poisonous acids are used, in the manufacture or packing of paints, colors, white or red lead, or in soldering.
In occupations causing dust in injurious quantities, in the manufacture or use of dangerous or poisonous dyes, in the manufacture or preparation of compositions with dangerous or poisonous gases, or in the manufacture or use of compositions of lye in which the quantity of lye is injurious to health.
on scaffolding, in heavy work in the building trades, in any tunnel or excavation, or in, about or in connection with any mine, coal breaker, coke oven or quarry.
in assorting, manufacturing or packing tobacco.
Operating any automobile, motorcar, or truck.
In any occupation dangerous to the life or limb, or injurious to the health or morals of the minor.
No minor under the age of 16 may be employed or permitted to work in either of the following (Labor Code, Sec. 1294.1):
any occupation declared particularly hazardous for the employment of minors below the age of 16 in Sec. 570.71 of Subpart E-1 of Part 570 of Title 29 of the Code of Federal Regulations (see Compensation
¶5711 ).
any occupation excluded from the application of Subpart C of Part 570 of Title 29 of the Code of Federal Regulations, as set forth in Sec. 570.33 (see Compensation
¶5673 ) and paragraph (b) of Sec. 570.34 (see Compensation
¶5674 ) thereof.
No minor may be employed or permitted to work in any occupation declared particularly hazardous for the employment of minors between 16 and 18 years of age, or declared detrimental to their health or well-being, in Subpart E of Part 570 of Title 29 of the Code of Federal Regulations (see Compensation
¶5690 et seq. ) (Labor Code, Sec. 1294.1).
No minor 16 or 17 years of age may perform work in gas service stations that involves the use of pits, racks, or lifting apparatus, or that involves the inflation of any tire mounted on a rim equipped with a removable retaining ring (Labor Code, Sec. 1294.5).
The following occupations are sufficiently dangerous to the lives and limbs and injurious to the health and morals of children under 16 years of age to justify their exclusion from such occupations (Cal CodeRegs, Sec. 11701):
all occupations where such children come in close proximity to moving machinery.
all building or construction work of any kind.
delivering goods, merchandise, commodities, papers or packages from motor vehicles.
All occupations in or about any plant manufacturing explosives or articles containing explosive components, and all occupations in the transportation and sale of explosives or articles containing explosive components are sufficiently dangerous to the lives or limbs or injurious to the health or morals of minors under 16 years of age to justify their exclusion from such occupations (Cal CodeRegs, Sec. 11703).
Working in close proximity to explosives or the functioning parts of unguarded and dangerous moving equipment, aircraft or vessels, or of functioning blades or propellers is also deemed dangerous activity for minors under 16 (Cal CodeRegs, Sec. 11707).
Dangerous activities and occupations for minors under the age of 16 also include (Cal CodeRegs, Sec. 11706):
door-to-door selling of newspaper or magazine subscriptions, or of candy, cookies, flowers or other merchandise or commodities, unless the following conditions are met: (a) minors work in pairs, as a team, on the same or opposite side of the street; (b) minors are supervised by an adult supervisor for each crew of 10 or fewer minors; (b) such minors are within the sight or sound of the adult supervisor at least once every 15 minutes; (d) such minors are returned to their respective homes or places of rendezvous daily after each day's work.
selling to passing motorists of newspapers, candy, flowers, or other merchandise or commodities from a fixed location on a street, highway or freeway island or divider, or freeway on or off ramp, or the side of a freeway or highway entrance or exit shoulder.
Messengers.- No minor under the age of 16 years, other than a minor employed to deliver newspapers to consumers, may be employed or permitted to work as a messenger for any telegraph, telephone, or messenger company, or for the United States government or any of its departments while operating a telegraph, telephone, or messenger service, in the distribution, transmission, or delivery of goods or messages in cities of more than 15,000 inhabitants (Labor Code, Sec. 1297).
Newspaper/magazine sales and distribution.- No minor under 12 years of age may be employed or permitted to work at any time in or in connection with the occupation of selling or distributing newspapers, magazines, periodicals, or circulars (Labor Code, Sec. 1298).
Door-to-door sales.- No minor under the age of six years may be permitted to engage in the door-to-door sales or street sales of candy, cookies, flowers, or any other merchandise or commodities. No minor under 16 years of age, permitted by law to engage in door-to-door sales of newspaper or magazine subscriptions, or of candy, cookies, flowers, or other merchandise or commodities, may be employed in those activities more than 50 miles from the minor's place of residence (Labor Code, Sec. 1308.1).
Infants in motion pictures. No infant under the age of one month may be employed on any motion picture set or location unless a licensed physician and surgeon who is board-certified in pediatrics provides written certification that the infant is at least 15 days old and, in his or her medical opinion, the infant was carried to full term, was of normal birth weight, is physically capable of handling the stress of filmmaking, and the infant's lungs, eyes, heart and immune system are sufficiently developed to withstand the potential risks (Labor Code, Sec. 1308.8(a), as added by Ch. 239 (A.B. 744), L. 1998).
Permitted employment-specific occupations
Minors 14 and 15 years of age may be employed in occupations not otherwise prohibited by California's child labor law, including, but not limited to, the following (Labor Code, Sec. 1294.3):
Office and clerical work, including the operation of office machines.
Cashiering, selling, modeling, art work, work in advertising departments, window trimming, and comparative shopping.
Price marking and tagging by hand or by machine, assembling orders, packing and shelving.
Bagging and carrying out customers' orders.
Errand and delivery work by foot, bicycle, and public transportation.
Cleanup work, including the use of vacuum cleaners and floor waxers, and maintenance of grounds, but not including the use of power-driven mowers or cutters.
Kitchen work and other work involved in preparing and serving food and beverages, including the operation of machines and devices used in the performance of this work, including, but not limited to, dishwashers, toasters, dumbwaiters, popcorn poppers, milkshake blenders, and coffee grinders.
Cleaning vegetables and fruits, and wrapping, sealing, labeling, weighing, pricing, and stocking goods when performed in areas physically separate from areas where meat is prepared for sale and outside freezers or meat coolers.
Newspaper processing/delivery/sales.- Minors engaged in the processing and delivery of newspapers are allowed to enter areas of a newspaper plant, other than areas where printing presses are located, for purposes related to the processing or delivery of newspapers (Labor Code, Sec. 1294.1).
Minors engaged in the delivery of newspapers to consumers are allowed to make deliveries by foot, bicycle, public transportation, or by an automobile driven by a person 16 years of age or older (Labor Code, Sec. 1294.4).
Minors do have the right to solicit subscriptions to, and to sell newspapers door-to-door, and persons may engage or employ a minor when such minor is a regular news carrier of such newspaper and delivers such newspaper on a regular basis to an established readership for a requested consideration (Cal CodeRegs, Sec. 11706.2).
See prohibitions, above, with respect to the newspaper industry.
Gas service stations.- Minors 16 and 17 years of age may work in gas service stations in the following activities (Labor Code, Sec. 1294.5):
Dispensing gas or oil.
Courtesy service.
Car cleaning, washing, and polishing.
Activities specified in Sec. 1294.3 (see items (1)-(8) above).
Agricultural labor.- The employment of a minor at agricultural, horticultural, viticultural, or domestic labor is permitted during the time the public schools are not in session, or during other than school hours, when the work performed is for or under the control of the minor's parent or guardian and is performed upon or in connection with premises owned, operated or controlled by the parent or guardian (Labor Code, Sec. 1394).
Sports-attending services.- Minors 14 and older may be employed during the hours permitted to perform sports-attending services in professional baseball. No employer may employ a minor 14 or 15 years of age to perform sports-attending services in professional baseball without the prior written approval of either the school district of the school in which the minor is enrolled or the county board of education of the county in which that school district is located (Labor Code, Sec. 1295.5, as added by A. 1363, L. 1997).
Hours of work
Except as provided in Secs. 1297, 1298, 1308.7, no employer may employ a minor 15 years of age or younger for more than eight hours in one day of 24 hours, or more than 40 hours in one week, or before 7 a.m. or after 7 p.m., except that from June 1 through Labor Day, a minor 15 years of age or younger may be employed for the hours authorized by this section until 9 p.m. in the evening (Labor Code, Sec. 1391).
Notwithstanding the provisions set forth above, while school is in session, no employer may employ a minor 14 or 15 years of age for more than three hours in any schoolday, nor more than 18 hours in any week, nor during school hours, except that a minor enrolled in and employed pursuant to a school-supervised and school-administered work experience and career exploration program may be employed for no more than 23 hours, any portion of which may be during school hours (Labor Code, Sec. 1391; and Education Code, Sec. 49116).
No employer may employ a minor 16 or 17 years of age for more than eight hours in one day of 24 hours or more than 48 hours in one week, or before 5 a.m., or after 10 p.m. on any day preceding a schoolday. However, a minor 16 or 17 years of age may be employed for the hours authorized by this section during any evening preceding a non-schoolday until 12:30 a.m. of the non-schoolday (Labor Code, Sec. 1391).
Notwithstanding the provisions set forth above, while school is in session, an employer generally may not employ a minor 16 or 17 years of age for more than four hours in any schoolday, except as follows (Labor Code, Sec. 1391, and Education Code, Secs. 49112 and 49116):
The minor is employed in personal attendant occupations, school-approved work experience, or cooperative vocational education programs.
The minor has been issued a permit to work outside of school hours for a period of time not to exceed eight hours in any day in which the minor is required by law to attend school and that is immediately prior to a non-schoolday and is employed in accordance with the provisions of that permit.
Messengers.- No minor under the age of 18 years, other than a minor employed to deliver newspapers to consumers, may be employed, permitted, or suffered to engage in work before 6 a.m. or after 9 p.m. as a messenger for any telegraph, telephone, or messenger company, or for the United States government or any of its departments while operating a telegraph, telephone, or messenger service, in the distribution, transmission, or delivery of goods or messages in cities of more than 15,000 inhabitants (Labor Code, Sec. 1297).
Entertainment industry.- No minor may be employed in the entertainment industry more than eight hours in one day of 24 hours, or more than 48 hours in one week, or before 5 a.m., or after 10 p.m. on any day preceding a schoolday. However, a minor may work the hours authorized by this section during any evening preceding a non-schoolday until 12:30 a.m. of the non-schoolday (Labor Code, Sec. 1308.7).
Generally, all time spent in traveling from a studio to a location or from a location to a studio counts as part of the working day of a minor (Cal CodeRegs, Sec. 11759).
The amount of time minors are permitted at the place of employment within a 24-hour period is limited according to age, as follows (Cal CodeRegs Sec. 11760):
Babies who have reached the age of 15 days but have not reached the age of six months may be permitted to remain at the place of employment for a maximum of two hours. The day's work may not exceed 20 minutes.
Minors who have reached the age of six months but who have not attained the age of two years may be permitted at the place of employment for a maximum of four hours. Such four-hour period may consist of not more than two hours of work; the balance of the four-hour period must be rest and recreation.
Minors who have reached the age of two years but who have not attained the age of six years may be permitted at the place of employment for a maximum of six hours. Such six-hour period may consist of not more than three hours of work; the balance of the six-hour period must be rest and recreation and/or education.
Minors who have reached the age of six years but have not attained the age of nine years may be permitted at the place of employment for a maximum of eight hours. Such eight-hour period may consist of not more than four hours of work and at least three hours of schooling when the minor's school is in session. The studio teacher must assure that the minor receives up to one hour of rest and recreation. On days when the minor's school is not in session, working hours may be increased to six hours, with one hour of rest and recreation.
Minors who have reached the age of nine years but who have not attained the age of 16 years may be permitted at the place of employment for a maximum of nine hours. Such nine-hour period may consist of not more than five hours of work and at least three hours of schooling when the minor's school is in session. The studio teacher must assure that the minor receives at least one hour of rest and recreation. On days when the minor's school is not in session, working hours may be increased to seven hours, with one hour of rest and recreation.
Minors who have reached the age of 16 years but who have not attained the age of 18 years may be permitted at the place of employment for a maximum of 10 hours. Such 10-hour period may consist of not more than six hours of work and at least three hours of schooling when the minor's school is in session, and one hour of rest and recreation. On days when school is not in session, working hours may be increased to not more than eight hours, with one hour of rest and recreation.
If emergency situations arise, a request may be made to the Labor Commissioner for permission for the minor to work earlier or later than such hours. Each request will be considered individually by the Division of Labor Standards Enforcement and must be submitted in writing at least 48 hours prior to the time needed (Cal CodeRegs, Sec. 11760).
When any minor between ages 14 and 18 obtains permission from school authorities to work during school hours for a period not to exceed two consecutive days, the working hours for such minor during either or both of such days may be extended to, but must not exceed, eight hours in 24 hours (Cal CodeRegs, Sec. 11760).
Twelve hours must elapse between the minor's time of dismissal and time of call on the following day. If the minor's regular school starts less than 12 hours after the minor's dismissal time, the minor must be schooled the following day at the employer's place of business (Cal CodeRegs, Sec. 11760).
All time spent in make-up or hairdressing in the homes of minors with the assistance of other persons employed in connection therewith, must be counted as work time. No make-up person or hairdresser may be permitted to work on minors at home before 8:30 a.m. In every case, 12 hours must elapse between the time the minor is dismissed on one day and the time make-up or hairdressing begins on the following day (Cal CodeRegs, Sec. 11763).
Work experience/cooperative vocational education programs. - Minors 16 years of age or older and under the age of 18 years enrolled in work experience or cooperative vocational education programs approved by the State Department of Education or in work experience education programs conducted by private schools may work after 10 p.m. but not later than 12:30 a.m., if such employment is not detrimental to the health, education, or welfare of the minor and the approval of the parent and the work experience coordinator has been obtained. However, if any such minor works any time during the hours from 10 p.m. to 12:30 a.m., the minor must be paid for work during that time at a rate that is not less than the minimum wage paid to adults (Labor Code, Sec. 1391.1).
Sports-attending services.- Any minor 14 or 15 years of age who performs sports-attending services in professional baseball may be employed outside of school hours until 12:30 a.m. during any evening preceding a non-schoolday and until 10 p.m. during any evening preceding a schoolday. No employer may employ a minor 14 or 15 years of age to perform sports-attending services in professional baseball for more than five hours in any schoolday, for more than 18 hours in any week while school is in session, for more than eight hours in any non-schoolday, or for more than 40 hours in any week that school is not in session. An employer may employ a minor 16 or 17 years of age outside of school hours to perform sports-attending services in professional baseball for up to five hours in any schoolday (Labor Code, Sec. 1295.5, as added by A. 1363, L. 1997).
Working conditions
Entertainment industry.- Employers must provide a studio teacher on each call for minors from age 15 days to 16 years, and for minors from age 16 to 18 years when required for education. One studio teacher must be provided for each group of 10 minors. With respect to minors age 15 days to 16 years, one studio teacher must be provided for each group of 20 minors on Saturdays, Sundays, holidays, or during school vacation periods (Cal CodeRegs, Sec. 11755.1).
A parent or guardian of a minor under 16 must be present with, and accompany, such minor on the set or location and be within sight or sound of the minor at all times (Cal CodeRegs, Sec. 11757).
Work permits/permits to employ
The provisions of California's Education Code relating to employment of minors generally require minors to obtain permits to work, and require employers to obtain permits to employ.
Neither a permit to work nor a permit to employ is required, however, when the work or intended work to be performed by the minor is for or under the control of the minor's parent or guardian and is performed upon or in connection with the premises owned, operated, or controlled by the parent or guardian, although permits may be required when minors are employed in manufacturing, mercantile, or similar commercial enterprises by their parents or guardians, or in otherwise forbidden occupations (Education Code, Sec. 49141).
Permits to work.- School officials or their designees may issue to certain minors permits to work following the written request for a permit from the parent, guardian, or person in like position (Education Code, Secs. 49110 and 49110.1).
A permit to work may be issued to any minor over the age of 12 and under 18 to be employed on a regular school holiday, during the regular vacation of the public school, during such time as the minor is exempt from compulsory school attendance because he or she has transferred from another state near the end of a school term, and during the period of a specified occasional public school vacation in any of the establishments or occupations not otherwise prohibited by law (Education Code, Secs. 48231 and 49111).
Generally, a permit to work may be issued to a minor who has completed the equivalent of the 7th grade in a public school course to work outside of school hours for a period of time not to exceed three hours in any day while school is in session if the minor is 14 or 15 years of age, or four hours in any day in which the minor is required by law to attend school if the minor is 16 or 17 years of age (Education Code, Sec. 49112).
A permit to work may be issued, at the school district's discretion, to a minor 13 years of age if the minor has completed the sixth grade, has been identified by the school district in which the minor is enrolled as exhibiting the potential to drop out of school, and is a participant in an employment program that is conducted on school premises and sponsored by one or more school districts, provided the program serves to foster the development of an appreciation by the pupil of the importance of education in preparing for future education and employment. The permit will limit the period any minor age 13 may work to two hours on any given day, up to a maximum of four hours each week (Education Code, Sec. 49112).
A permit to work may also be issued to a minor age 16 or older to work outside of school hours for a period of time not to exceed eight hours in any day in which the minor is required by law to attend school and that is immediately prior to a non-schoolday (Education Code, Sec. 49112).
A permit to work may be issued to a minor who is under the age of 18 and over the age of 14 who is regularly enrolled in a high school or community college or who has been assigned to a vocational course in a place of employment, and who will work part time as a properly enrolled pupil in a work experience education course (Education Code, Sec. 49113).
Permits to work issued during the school year expire five days after the opening of the next succeeding school year (Education Code, Sec. 49118).
A permit to work full time may be issued to a minor whose family circumstances necessitate work by the minor. In such situations, the prospective employer must provide a written statement that work is waiting for the minor and describing the nature of the work (Education Code, Secs. 49130 and 49133).
Minors desiring to be employed in the entertainment industry must obtain an entertainment work permit (Cal CodeRegs, Sec. 11753).
Permits to employ.- Generally, no person, firm or corporation may employ, suffer, or permit any minor under the age of 18 to work in or in connection with any establishment or occupation without a permit to employ (Education Code, Sec. 49160).
Any employer in the entertainment industry desiring to employ minors in work or activity that is not hazardous or detrimental to the health, safety, morals or education of the minors must make an application to the Division of Labor Standards Enforcement for a permit to employ minors in such work or activity (Cal CodeRegs, Sec. 11751).
Employments requiring written consent of Labor Commissioner
The written consent of the Labor Commissioner is required for any minor, not otherwise exempted by California's child labor law, for any of the following (Labor Code, Sec. 1308.5):
the employment of any minor under 16, in the presentation of any drama, legitimate play, or in any radio broadcasting or television studio.
the employment of any minor 12 years of age or over in any other performance, concert, or entertainment.
the appearance of any minor over the age of eight years in any performance, concert, or entertainment during the public school vacation.
allowing any minor between the ages of eight and 18 years, who is by any California law permitted to be employed as an actor, actress, or performer in a theater, motion picture studio, radio broadcasting studio, or television studio, before 10 p.m., in the presentation of a performance, play, or drama continuing from an earlier hour until after 10 p.m., to continue the minor's part in such presentation between the hours of 10 and 12 p.m.
the appearance of any minor under 16 in any entertainment that is noncommercial in nature.
the employment of any minor artist under 16 in the making of phonograph recordings.
the employment of any minor under 16 as an advertising or photographic model.
the employment or appearance of any minor under 16 pursuant to a contract in art, entertainment or professional sports approved by the superior court.
If the Labor Commissioner provides written consent pursuant to Sec. 1308.5 just above for the employment of a minor under a contract described in Sec. 6750 of the Family Code (see below), that consent shall be void after the expiration of 10 business days from the date written consent was granted, unless it is attached to a true and correct copy of the trustee's statement evidencing the establishment on behalf of the minor of a Coogan Trust Account. If the written consent is attached to a true and correct copy of that trustee's statement, the written consent shall be valid for a six-month period (Labor Code, Sec. 1308.9(a), as added by Ch. 667 (S. 210), L. 2003, effective January 1, 2004).
A person may not apply for the written consent of the Labor Commissioner to employ the same minor under a contract described in Sec. 6750 of the Family Code (see below) more than once in any six-month period. If written consent is issued by the Labor Commissioner for the employment of the same minor more than once within any six-month period, the earliest dated written consent shall be valid and any other written consent issued during that six-month period shall be void (Labor Code, Sec. 1308.9(b), as added by Ch. 667 (S. 210), L. 2003, effective January 1, 2004).
No consent will be given unless the officer giving it is satisfied that all of the following conditions are met (Labor Code, Sec. 1308.6):
The environment in which the performance, concert, or entertainment is to be produced is proper for the minor.
The conditions of employment are not detrimental to the health of the minor.
The minor's education will not be neglected or hampered by participation in the performance, concert, or entertainment.
Certificate of age
A certificate of age may serve as a permit to employ a minor who is not by law required to attend school and who is otherwise required to hold a permit to work. The person authorized to issue permits to work or to employ may issue to any minor a certificate of age when the minor accompanied by the minor's parent, guardian, or other person in control or charge of the minor, presents to the authority evidence of age (school record of enrollment, a certificate of birth, a baptism certificate duly attested, a passport, or an affidavit of the parent, guardian, or custodian of the minor) (Education Code, Sec. 49114).
Meal and rest periods
Entertainment industry.- All hours for the minor at the place of employment are exclusive of the meal period. The working day may not be extended by a meal period longer than one-half hour (Cal CodeRegs, Sec. 11761).
Wages
Notwithstanding the provisions of the orders of the Industrial Welfare Commission, no employer may pay any minor under 18 years of age who has been graduated from a high school maintaining a four-year course above the eighth grade of the elementary schools, or who has had an equal amount of education in a private school or by private tuition, or who has been awarded a certificate of proficiency, at wage rates less than the rates paid to adult employees in the same establishment for the same quantity and quality of the same classification of work; provided, however, that the law does not prohibit a variation of rates of pay for such minors and adult employees engaged in the same classification of work based upon a difference in seniority, length of service, ability, skill, difference in duties or services performed, whether regularly or occasionally, difference in the shift or time of day worked, hours of work, or other reasonable differentiation, when exercised in good faith (Labor Code, Sec. 1391.2).
Registration of employers
Door-to-door sales.- Any individual, association, corporation, or other entity that employs or uses, either directly or indirectly through third persons, minors under 16 years of age in door-to-door sales at any location more than 10 miles from the minor's residence must register with the Labor Commissioner. Also, any person 18 years of age or older who transports, or provides direction or supervision during transportation of, a minor under 16 years of age to any location more than 10 miles from the minor's residence, or directs or supervises a minor, for the purpose of facilitating the minor's participation in door-to-door sales of any merchandise or commodity, must register as either an employer and/or a transporter and/or supervisor with the Labor Commissioner. Registration is renewable annually (Labor Code, Secs. 1308.2 and 1308.3, and CalCodeRegs, Sec. 13670.1). Any employer who plans to be both a transporter and/or supervisor must have a transporter/supervisor registration in addition to the employer registration, unless exempt by Labor Code Sec. 1308.2(f) and 1308.3(g) (CalCodeRegs, Sec. 13670.1).
The Labor Commissioner will not register or renew registration unless the person or organization has executed a written application on a form prescribed by the commissioner; the commissioner, following an investigation, is satisfied that the employer has not previously violated California's child labor law and does not propose to expose minors in its employ to hazardous or unsafe working conditions, or, in the case of a transporter/supervisor, is satisfied as to the character, competency, and responsibility of the applicant; and each application for registration is accompanied by a fee determined by the Labor Commissioner (Labor Code, Secs. 1308.2 and 1308.3).
Registrants must have proof of registration with the Labor Commissioner in their immediate possession at all times when engaged in the employment, transportation or supervision of minors as described above (Labor Code, Secs. 1308.2 and 1308.3).
Temporary or provisional registrations may be issued while an application for registration is pending (Labor Code, Secs. 1308.2 and 1308.3).
Each employer and/or transporter/supervisor of minors engaged in door-to-door sales operations must submit the following application form to the Division of Labor Standards Enforcement, Licensing Unit (CalCodeRegs, Sec. 13671 (Form DLSE 453 (New 12/96) ):
Minors' Door-to-Door Sales: Applications for Registration p. 1 Minors' Door-to-Door Sales: Applications for Registration p. 2 Minors' Door-to-Door Sales: Applications for Registration p. 3 Minors' Door-to-Door Sales: Applications for Registration p. 4 Minors' Door-to-Door Sales: Applications for Registration p. 5 Such applications are to be signed and submitted along with the required fee and other required documents, including the Department of Justice fingerprint card form BID-7 (5-90). Authorization for the release of required tax information must also be indicated. The Labor Commission can refuse and return applications for failure to comply with these requirements. If the form of the legal entity changes, a new application is required. Applications are good for one year, unless revoked or suspended. Applications for renewals must be submitted at least 30 days before the current registration expires. Registration can not be transferred (CalCodeRegs, Sec. 13671.1, 13673 and 13675.)
Fees for registration:
Employers-$350 for an initial application, and $200 for renewal;
Transporters or supervisors-$100 fee for an initial application, and $50 for renewal
Employer registering as a transporter/supervisor must pay the required fees for both the employer and the transporter/supervisor (CalCodeRegs, Sec. 13674).
The following persons are not required to register as described above (Labor Code, Secs. 1308.2 and 1308.3):
a parent or the guardian of the minor;
a person solely providing transportation for hire, who is not otherwise subject to the registration requirements described above;
a trustee or charitable corporation, or person acting on behalf of such an entity.
In addition to the above, the following are not required to register: A government entity or public school; a bona fide cemetery corporation; a bona fide political committee; a bona fide charitable organization organized and operated primarily as a religious organization, educational institution, hospital, or licensed health care service plan (CalCodeRegs, Sec. 13670.1).
Entertainment contracts
In a court order approving a minor's contract of the type described below, the court will require that 15 percent of the minor's gross earnings pursuant to the contract be set aside by the minor's employer in trust, in an account or other savings plan, and preserved for the benefit of the minor. This shall be known as a Coogan Trust Account (Family Code, Sec. 6752(b)(1) and Sec. 6753, as amended by Ch. 667 (S. 210), L. 2003, effective January 1, 2004).
Within 10 business days after commencement of employment, the trustee or trustees of the funds ordered to be set aside in trust shall provide the minor's employer with a true and accurate photocopy of the trustee's statement pursuant to Sec. 6753. Upon presentation of the trustee's statement offered pursuant to this subdivision, the employer shall provide the parent or guardian with a written acknowledgement of receipt of the statement (Family Code, Sec. 6752(b)(3), as amended by Ch. 667 (S. 210), L. 2003, effective January 1, 2004).
The minor's employer must deposit or disburse the 15 percent of the minor's gross earnings pursuant to the contract within 15 business days after receiving a true and accurate copy of the trustee's statement pursuant to Sec. 6753(c), a certified copy of the minor's birth certificate, and, in the case of a guardian, a certified copy of the court document appointing the person as the minor's guardian. Pending receipt of these documents, the minor's employer must hold, for the benefit of the minor, the 15 percent of the minor's gross earnings pursuant to the contract (Family Code, Sec. 6752(b)(4), as amended by Ch. 667 (S. 210), L. 2003, effective January 1, 2004).
When making the initial deposit of funds, the minor's employer must provide written notification to the financial institution or company that the funds are subject to Sec. 6753. Upon receipt of the court order, the minor's employer shall provide the financial institution with a copy of the order (Family Code, Sec. 6752(b)(5), as amended by Ch. 667 (S. 210), L. 2003, effective January 1, 2004).
Once the minor's employer deposits the set-aside funds as required, the minor's employer has no further obligation or duty to monitor or account for the funds (Family Code, Sec. 6752(b)(6), as amended by Ch. 667 (S. 210), L. 2003, effective January 1, 2004).
If a parent, guardian, or trustee fails to provide the minor's employer with a true and accurate photocopy of the trustee's statement pursuant to Sec. 6753 within 180 days after the commencement of employment, the employer shall forward to The Actors' Fund of America 15 percent of the minor's gross earnings pursuant to the contract, together with the minor's name and, if known, the minor's social security number, birth date, last known address, telephone number, e-mail address, dates of employment, and title of the project on which the minor was employed, and shall notify the parent, guardian, or trustee of that transfer by certified mail to the last known address (Family Code, Sec. 6752(b)(9), as amended by Ch. 667 (S. 210), L. 2003, effective January 1, 2004).
For any minor's contract of a type described below that is not being submitted for court approval, or for which the court has issued a final order denying approval, 15 percent of the minor's gross earnings pursuant to the contract must be set aside by the minor's employer in trust, in an account or other savings plan, and preserved for the minor's benefit (Family Code, Sec. 6752(d)(1), as amended by Ch. 667 (S. 210), L. 2003, effective January 1, 2004).
Within 10 business days of commencement after employment, a parent or guardian, as the case may be, entitled to the physical custody, care, and control of the minor shall provide the minor's employer with a true and accurate photocopy of the trustee's statement pursuant to Sec. 6753 and in addition, in the case of a guardian, a certified copy of the court document appointing the person as the minor's legal guardian. Upon presentation of the trustee's statement offered pursuant to this subdivision, the employer shall provide the parent or guardian with a written acknowledgement of receipt of the statement (Family Code, Sec. 6752(d)(2), as amended by Ch. 667 (S. 210), L. 2003, effective January 1, 2004).
The minor's employer must deposit 15 percent of the minor's gross earnings pursuant to the contract within 15 business days of receiving the trustee's statement of information the employer will need, or if the court denies approval, within 15 business days of receiving a final order denying approval. Pending receipt of the trustee's statement or the final court order, the minor's employer must hold for the benefit of the minor the 15 percent of the minor's gross earnings pursuant to the contract (Family Code, Sec. 6752(d)(3), as amended by Ch. 667 (S. 210), L. 2003, effective January 1, 2004).
Once the minor's employer deposits the funds as required, it has no further obligation or duty to monitor or account for the funds (Family Code, Sec. 6752(d)(4), as amended by Ch. 667 (S. 210), L. 2003, effective January 1, 2004).
If a parent, guardian, or trustee fails to provide the minor's employer with a true and accurate photocopy of the trustee's statement pursuant to Sec. 6753, within 180 days after commencement of employment, the employer shall forward to The Actors' Fund of America the 15 percent of the minor's gross earnings pursuant to the contract, together with the minor's name and, if known, the minor's social security number, birth date, last known address, telephone number, e-mail address, dates of employment, and the title of the project on which the minor was employed, and shall notify the parent, guardian, or trustee of that transfer by certified mail to the last known address (Family Code, Sec. 6752(d)(7)(A), as amended by Ch. 667 (S. 210), L. 2003, effective January 1, 2004).
Notwithstanding any provision of this chapter to the contrary, any minor's employer holding set-aside funds under this chapter, which funds remain unclaimed 180 days after January 1, 2004, shall forward those unclaimed funds to The Actors' Fund of America, along with the minor's name and, if known, the minor's social security number, birth date, last known address, telephone number, e-mail address, dates of employment, and the title of the project on which the minor was employed, and shall notify the parent, guardian, or trustee by certified mail to the last known address (Family Code, Sec. 6752(h), as amended by Ch. 667 (S. 210), L. 2003, effective January 1, 2004).
Applicable contracts.- These requirements apply to the following contracts entered into between an unemancipated minor and any third party or parties on or after January 1, 2000 (Family Code, Sec. 6750, as amended by Ch. 667 (S. 210), L. 2003, effective January 1, 2004):
a contract pursuant to which a person is employed or agrees to render artistic or creative services, either directly or through a third party, including, but not limited to, a personal services corporation (loan-out company), or through a casting agency;
a contract pursuant to which a person agrees to purchase, or otherwise secure, sell, lease, license, or otherwise dispose of literary, musical, or dramatic properties, or use of a person's likeness, voice recording, performance, or story of or incidents in his or her life, either tangible or intangible, or any rights therein for use in motion pictures, television, the production of sound recordings in any format now known or hereafter devised, the legitimate or living stage, or otherwise in the entertainment field;
a contract pursuant to which a minor is employed or agrees to render services as a participant or player in a sport.
If a minor is employed or agrees to render services directly for any person or entity, that person or entity shall be considered the minor's employer for purposes of this chapter. If a minor's services are being rendered through a third-party individual or personal services corporation (loan-out company), the person to whom or entity to which that third party is providing the minor's services shall be considered the minor's employer for purposes of this chapter. If a minor renders services as an extra, background performer, or in a similar capacity through an agency or service that provides one or more of those performers for a fee (casting agency), the agency or service shall be considered the minor's employer for the purposes of this chapter (Family Code, Sec. 6750(b), as amended by Ch. 667 (S. 210), L. 2003, effective January 1, 2004).
For purposes of this chapter, the minor's “gross earnings” shall mean the total compensation payable to the minor under the contract or, if the minor's services are being rendered through a third-party individual or personal services corporation (loan-out company), the total compensation payable to that third party for the services of the minor (Family Code, Sec. 6750(c)(1), as amended by Ch. 667 (S. 210), L. 2003, effective January 1, 2004).
With respect to contracts pursuant to which a minor is employed or agrees to render services as a musician, singer, songwriter, musical producer, or arranger only, for purposes of this chapter, the minor's “gross earnings” shall mean the total amount paid to the minor pursuant to the contract, including the payment of any advances to the minor pursuant to the contract, but excluding deductions to offset those advances or other expenses incurred by the employer pursuant to the contract, or, if the minor's services are being rendered through a third-party individual or personal services corporation (loan-out company), the total amount payable to that third party for the services of the minor (Family Code, Sec. 6750(c)(2), as amended by Ch. 667 (S. 210), L. 2003, effective January 1, 2004).
Public contracts
Every contract entered into by any state agency for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, must require that a contractor certify that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The contractor must agree to comply with this provision of the contract (Public Contract Code, Sec. 6108, as amended by Ch. 711 (S. 578), L. 2003).
Any contractor contracting with the state who knew or should have known that the apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state were laundered or produced in violation of the conditions specified just above when entering into a contract as described above, may have any or all of the following sanctions imposed (Public Contract Code, Sec. 6108, as amended by Ch. 711 (S. 578), L. 2003):
The contract may be voided at the option of the state agency to which the equipment, materials or supplies were provided.
The contractor may be assessed a penalty which will be the greater of $1,000 or an amount equaling 20 percent of the value of the apparel, garments or corresponding accessories, equipment, materials, or supplies that the state agency demonstrates were produced in violation of the conditions specified above and that were supplied to the state agency under the contract.
The contractor may be removed from the bidder's list for a period not to exceed 360 days.
NOTICE
Intent to employ.- The employer of any minor subject to the provisions of California's Education Code relating to the employment of minors must send to the officer authorized to issue a permit to work a written notification of intent to employ a minor. The form of the intent to employ a minor is prescribed by the Department of Education and will be furnished to the employer by the officer (Education Code, Sec. 49162).
The notification of intent to employ a minor must contain (Education Code, Sec. 49163):
the name, address, phone number, and social security number of the minor;
the name, address, phone number, and supervisor at the minor's place of employment;
the kind of work the minor will perform;
the maximum number of hours per day and per week the student will be expected to work for the employer;
the signatures of the parent or guardian, of the minor, and of the employer.
Hearings.- When a person requests an informal hearing by oral or written communication, on a citation, the person should be given at least three days' notice of the time and place of hearing. Such notice may be given by oral communication, with confirming letter, or by mail to the address set forth in the citation or by the address designated by the person requesting the hearing (Cal CodeRegs, Sec. 11783).
Agricultural labor.- Every owner, tenant, or operator of a farm employing as agricultural labor any parent or guardian having minor children in such person's immediate care and custody must post at a conspicuous place on the property or place of employment where it may be easily read by those employed, a notice stating that minor children are not allowed to work upon the premises unless legally permitted to do so by law and unless permits to work have been secured by the minor children. All such notices must be printed in both the English and Spanish languages (Education Code, Sec. 49140).
Door-to-door sales.- Registrant employers/transporters/supervisors of minors in door-to-door sales must report any change of address, proposed change of doing business as (“dba” ), or change of vehicle/vehicle license to the Division of Labor Standards Enforcement, Licensing Unit, within 20 days before such change. Failure to notify voids registration (CalCodeRegs, Sec. 13673.1).
Within 60 days of receipt of an application to register an employer/transporter/supervisor of minors in door-to-door sales, the Labor Commissioner must inform the applicant in writing as to whether the application is complete. If incomplete, the applicant must correct and return the application within 30 days of the date on the notice or the application will be rejected and the fee will be forfeited. Within 45 days after accepting a complete application, the Labor Commissioner must inform an applicant in writing of a decision regarding the permit. If a decision has not been reached within the 45-day limit, an appeal may be made to determine if there was good cause for the delay (CalCodeRegs, Sec. 13672).
Before revoking or suspending registration or denying an application for registration, the Labor Commissioner must notify the registrant in writing and provide an opportunity for a hearing. Notice of a request for a hearing must be filed within 15 days of service of the accusation or statement of the issues. Failure to file a notice for a request for a hearing within 15 days waives the right to a hearing. Hearings are to be held within 60 days of filing a notice of request for hearing, and the Labor Commissioner is to notify all parties of a hearing at least 10 days prior to the hearing (CalCodeRegs, Sec. 13676.1).
ENFORCEMENT
The Division of Labor Standards Enforcement enforces California's child labor law (Labor Code, Secs. 1311 and 1398).
Also, the Attorney General or the district attorney of any county, either upon their own complaint or the complaint of any person acting on the person's own behalf or the general public, may prosecute actions, either civil or criminal, for violations of California's child labor law, or to enforce the provisions of the law independently (Labor Code, Secs. 1312 and 1399).
The Labor Commissioner (Chief of the Division of Labor Law Enforcement) is the designee of the Director of Industrial Relations for the purpose of issuing citations, assessing penalties, determining types of violations after public hearing, other than those enumerated in Labor Code Secs. 1288 and 1293.1, and to determine, after public hearing, other hazards that constitute an agricultural zone of danger (Labor Code, Sec. 1286; and Cal CodeRegs, Sec. 11775).
If upon inspection or investigation a supervisor of attendance, probation officer, or officer of the Superintendent of Public Instruction determines that a person is in violation of any statutory provision or rule or regulation relating to the employment of minors, such person will report the violation to the Labor Commissioner. Upon receipt of the report of violation, the Labor Commissioner will make an inspection or investigation of the violation and appropriate action (Education Code, Sec. 49180).
Inspections.- The attendance supervisor, who is a full-time attendance supervisor performing no other duties, of any county, city and county, or school district in which any place of employment is situated, or the probation officer of such county, may at any time, enter such place of employment for the purpose of examining permits to work or to employ of all minors employed in such place of employment, or for the purpose of investigating violations of California's child labor law (Labor Code, Sec. 1302; and Education Code, Sec. 48246).
Work permits/permits to employ.- All certificates and permits to work or to employ are subject to cancellation at any time by the Labor Commissioner or by the issuing authority, whenever the commissioner or the issuing authority finds that the conditions for the legal issuance of such certificate or permit no longer exist or have never existed (Labor Code, Sec. 1300).
Every permit to employ is subject to cancellation at any time by the Superintendent of Public Instruction, the Labor Commissioner, or by the person issuing the permit whenever any person authorized to inspect such permits and certificates finds that the conditions for the legal issuance of the permit do not exist or did not exist at the time the permit was issued (Education Code, Sec. 49164).
Registration of employers.- The Labor Commissioner may revoke, suspend, or refuse to renew any registration under Sec. 1308.2 or 1308.3 when any of the following have occurred (Labor Code, Sec. 1308.4):
The registrant or any agent of the registrant has violated or failed to comply with Sec. 1308.2 or 1308.3.
The registrant has made any misrepresentation or false statement in the application for registration.
The registrant has operated in a manner substantially different from the conditions of operation stated in the application for registration.
The registrant, or any agent of the registrant, has been found by a court of law or the Labor Commissioner to have violated, or willfully aided or abetted any person in the violation of, any California law regulating the employment of minors, the payment of wages to minors, or the conditions, terms, or places of employment affecting the health and safety of minors.
The registrant has been found, by a court of law or the Secretary of Labor, to have violated any provision of the child labor provisions set forth in Sec. 12 of the federal Fair Labor Standards Act of 1938 (see Compensation
¶5035 ).
Those applying for or possessing an Employer or Transporter/Supervisor registration must allow the Labor Commissioner free access to inspect the place of business, place of operation, vehicles, etc. (CalCode Regs, Sec. 13677).
WHO TO CONTACT
Contact the Division of Labor Standards Enforcement at 45 Fremont Street, Suite 3250, San Francisco, CA 94105. Telephone: (415) 557-7878.
RECORDKEEPING
Ages of minors.- Every person employing labor in California must keep a record showing the ages of all minors employed (Labor Code, Div. 2, Pt. 4, Ch. 1, Sec. 1174, as amended by Ch. 876 (A. 2509), L. 1999, effective January 1, 2000).
Work permits/permits to employ.- Every person, or agent or officer thereof, employing minors, either directly or indirectly through third persons, must keep on file all permits and certificates, either to work or to employ. The files must be open at all times to the inspection of the school attendance and probation officers, the State Board of Education, and the officers of the Division of Labor Standards Enforcement (Labor Code, Sec. 1299; and Education Code, Sec. 49161).
Permits to work and to employ and certificates of age must always be open to inspection by supervisors of attendance, probation officers, designees of the Labor Commissioner, and by officers of the Superintendent of Public Instruction (Education Code, Sec. 49164).
Payroll records.- Any person or entity that employs or uses minors for door-to-door sales and is thus required to register with the Labor Commissioner must, upon request, make available for inspection by the Labor Commissioner all of its payroll records for any period (Labor Code, Sec. 1308.3).
Student-learner agreements.- Employers must keep copies of student-learner agreements (Labor Code, Sec. 1295).
Certificates of completion of training program: Agriculture.- Farmers employing minors who have completed a tractor operation or a machine operation program must keep a copy of the certificate of completion on file with the minor's records (Labor Code, Sec. 1295).
POSTING
Every owner, tenant, or operator of a farm employing as agricultural labor any parent or guardian having minor children in such person's immediate care and custody must post at a conspicuous place on the property or place of employment where it may be easily read by those employed, a notice stating that minor children are not allowed to work upon the premises unless legally permitted to do so by law and unless permits to work have been secured by the minor children. All such notices must be printed in both the English and Spanish languages (Education Code, Sec. 49140).
Additionally, a copy of the application for an exemption to employ minors in agricultural packing plants must be posted at the employer's place of employment at the time the application is filed with the Division of Labor Standards Enforcement (Labor Code, Sec. 1393).
PENALTIES
Criminal penalties.- Any person, or agent or officer thereof, employing either directly or indirectly through third persons, or any parent or guardian of a minor affected by California's child labor law who violates any provision of the law, or who employs, or permits any minor to be employed in violation of the law, is guilty of a misdemeanor, punishable by a fine of not less than $1,000 nor more than $5,000, or imprisonment in the county jail for not more than six months, or both. Any person who willfully violates California's child labor law will, upon conviction, be subject to a fine of not more than $10,000, or to imprisonment in the county jail for not more than six months, or both. No person will be imprisoned except for an offense committed after the conviction of that person for a prior offense under the state's child labor law (Labor Code, Sec. 1303).
Specific occupations.- An employer of a minor under the age of 16 is guilty of a misdemeanor and may be punished by a fine of not less than $1,000 and not more than $5,000, imprisonment for not exceeding six months, or both, if it exhibits, uses, or employs, or in any manner or under any pretense, sells, apprentices, gives away, lets out, or disposes of the minor to any person, under any name, title, or pretense for, or causes, procures, or encourages the minor to engage in any of the following (Labor Code, Sec. 1308):
any business, exhibition, or vocation injurious to the health or dangerous to the life or limb of the minor.
the vocation, occupation, service, or purpose of singing, playing on musical instruments, rope or wire walking, dancing, begging, or peddling, or as a gymnast, acrobat, contortionist, or rider, in any place whatsoever.
any obscene, indecent, or immoral purposes, exhibition, or practice whatsoever (this applies to a person with respect to any minor under the age of 18 years).
any mendicant or wandering business.
Any person who willfully violates this section will, upon conviction, be subject to a fine of not more than $10,000, or to imprisonment in the county jail for not more than six months, or both. No person will be imprisoned under this section, except for an offense committed after the conviction of that person for a prior offense under California's child labor law (Labor Code, Sec. 1308).
Nothing in this section applies to or affects any of the following (Labor Code, Sec. 1308):
the employment or use of any minor as a singer or musician in any church, school, or academy, or the teaching or learning of the science or practice of music.
the employment of any minor as a musician at any concert or other musical entertainment, or as a performer in any form of entertainment, on the written consent of the Labor Commissioner pursuant to Sec. 1308.5.
the participation by any minor of any age, whether or not the minor receives payment for the minor's services or receives money prizes, in any horseback riding exhibition, contest, or event other than a rough stock rodeo event, circus, or race.
the leading of livestock by a minor in nonprofit fairs, stock parades, livestock shows and exhibitions.
Every person who takes, receives, hires, employs, uses, exhibits, or has in custody any minor, for any of the purposes mentioned in Sec. 1308 above is guilty of a misdemeanor punishable by a fine of not less than $1,000 nor more than $5,000, or imprisonment for not more than six months, or both. Any person who willfully violates this section will, upon conviction, be subject to a fine of not more than $10,000, or to imprisonment in the county jail for not more than six months, or both. No person will be imprisoned under this section, except for an offense committed after the conviction of that person for a prior offense under California's child labor law (Labor Code, Sec. 1309).
Education Code violations.- Any person, firm, corporation, or agent or officer of a firm or corporation, that violates or omits to comply with any of the provisions of California's Education Code relating to the employment of minors, or that employs or suffers any minor under 18 years of age who is too old to be subject to compulsory full-time school attendance to be employed in violation of such provisions, is guilty of a misdemeanor and will be punished by a fine of not less than $100, nor more than $400, or by imprisonment in the county jail for not more than 60 days, or by both such fine and imprisonment for each and every offense (Education Code, Sec. 49182).
Registration violations.- Any person or entity who violates the registration requirements for employers/transporters/supervisors of minors in door-to-door sales is guilty of a misdemeanor, punishable by a fine of $1,000 per affected minor upon the first conviction for a violation; $2,500 per affected minor for the second conviction for a violation; and $10,000 per affected minor for a third or subsequent conviction for a violation (Labor Code, Secs. 1308.2 and 1308.3).
Failure to obtain written consent of Labor Commissioner. - Any person, or the agent, manager, superintendent or officer thereof, employing either directly or indirectly through third persons, or any parent or guardian of a minor who employs, or permits any minor to be employed in an employment requiring the written consent of the Labor Commissioner without securing such consent is guilty of a misdemeanor (Labor Code, Sec. 1308.5).
Hours of work violations.- Every person who has a minor under his or her control, as a ward or an apprentice, and who, except in household occupations, requires the minor to work more than eight hours in any one day, is guilty of a misdemeanor (Labor Code, Sec. 1392).
Any person or the agent or officer thereof, or any parent or guardian, who directly or indirectly violates or causes or suffers the violation of Sec. 1391 (maximum hours/night work) is guilty of a misdemeanor punishable by a fine of not less than $1,000 nor more than $5,000, or imprisonment in the county jail for not more than 60 days, or both. Any person who willfully violates Sec. 1391 will, upon conviction, be subject to a fine of not more than $10,000 or to imprisonment in the county jail for not more than six months, or both. No person will be imprisoned under this section, except for an offense committed after the conviction of that person for a prior child labor offense (Labor Code, Sec. 1391).
Any person or the agent or officer thereof, or any parent or guardian, who directly or indirectly violates or causes or suffers the violation of the hours-of-work provisions for minors employed in the entertainment industry is guilty of a misdemeanor punishable by a fine of not less than $500 nor more than $1,000, or imprisonment in the county jail for not more than 60 days, or both (Labor Code, Sec. 1308.7).
Medical certification for infants.- Any parent, guardian or employer of a minor, and any officer or agent of an employer of a minor, who directly or indirectly violates the medical certification requirement applicable to infants under the age of one month is guilty of a misdemeanor punishable by a fine of not less than $2,500 nor more than $5,000, by imprisonment in the county jail for not more than 60 days, or by both (Labor Code, Sec. 1308.8(b), as added by Ch. 239 (A. 744), L. 1998).
Recordkeeping violations.- The failure to keep and maintain the records under the law for a period of three years after the obtaining or acquisition of this material is a misdemeanor. Disclosure of these records by law enforcement officers, except in the performance of their duties, is a misdemeanor (Labor Code, Sec. 1309.5).
Civil penalties.- The civil penalties provided for in California's child labor law are in addition to any other penalty provided by law (Labor Code, Sec. 1285).
Recordkeeping violations.- Any person who violates any provision of Sec. 1309.5 will be liable for a civil penalty not to exceed $7,500 for each violation, which will be assessed and recovered in a civil action brought in the name of the people of the state of California by the Attorney General or by any district attorney, county counsel, or city attorney in any court of competent jurisdiction (Labor Code, Sec. 1309.6).
Citations.- If upon inspection or investigation the Director of Industrial Relations determines that a person is in violation of any statutory provision or rule or regulation relating to the employment of minors, the director may issue a citation to the person in violation. The citation may be served personally or by registered mail. Each citation must be in writing and must describe the nature of the violation, including reference to the statutory provisions, rule, or regulation alleged to have been violated (Labor Code, Sec. 1287).
Citations issued pursuant to California's child labor law are classified according to the nature of the violation, and must indicate the classification on the face of the citation, as described below (Labor Code, Sec. 1288).
Class “A” violations are generally violations of the prohibited employment provisions of the child labor law (specifically, Secs. 1290, 1292, 1293, 1293.1, 1294, 1294.1, 1294.5, 1308, 1308.1, and 1392), and any other violations that the Director of Industrial Relations determines present an imminent danger to minor employees or a substantial probability that death or serious physical harm would result from such violations. Violation of Sec. 1391 for the third or subsequent time also constitutes a class “A” violation. A physical condition or one or more practices, means, methods, or operations in use in a place of employment may constitute a violation. A class “A” violation is subject to a civil penalty in an amount not less than $5,000 and not exceeding $10,000 for each and every violation. Willful or repeated violations will receive higher civil penalties than those imposed for comparable nonwillful or first violations, not to exceed $10,000 (Labor Code, Sec. 1288).
Class “B” violations are generally violations of the work permit or consent provisions (specifically, Secs. 1299) and 1308.5), or a violation of Sec. 1391 for the first and second time, and those other violations that the Director of Industrial Relations determines have a direct or immediate relationship to the health, safety, or security of minor employees, other than class “A” violations. A class “B” violation is subject to a civil penalty in an amount not less than $500 and not to exceed $1,000 for each and every violation. Willful or repeated violations will receive higher civil penalties than those imposed for comparable nonwillful or first violations. A second violation of Sec. 1391 will be subject to a civil penalty of $1,000 (Labor Code, Sec. 1288).
If a person desires to contest a citation or the proposed assessment of a civil penalty for a citation, the person must within 15 business days after service of the citation notify the office of the Labor Commissioner that appears on the citation of the person's request for an informal hearing. The Labor Commissioner or the commissioner's deputy or agent will, within 30 days, hold a hearing at the conclusion of which the citation or proposed assessment of a civil penalty will be affirmed, modified, or dismissed. Any amount found due by the Labor Commissioner as a result of a hearing becomes due and payable 45 days after notice of the findings and written findings and order have been mailed to the party assessed. A writ of mandate may be taken from that finding to the appropriate superior court, as long as the party agrees to pay any judgment and costs ultimately rendered by the court against the party for the assessment. The writ must be taken within 45 days of service of the notice of findings, findings, and order thereon (Labor Code, Sec. 1289).
A person to whom a citation has been issued, may, in lieu of contesting a citation, transmit to the office of the Labor Commissioner designated on the citation the amount specified for the violation within 15 business days after issuance of the citation (Labor Code, Sec. 1289).
<p>A person to whom a citation has been issued, may, in lieu of contesting a citation, transmit to the office of the Labor Commissioner designated on the citation </p>