Child labor laws can often differ from state to state. Here’s what you need to know about California child labor laws.
California child labor laws exist to prevent the exploitation of minors for labor and ensure that education is prioritized overwork. Limitations on child labor vary by age and may include restrictions on the types of work that can be done, maximum hours that may be worked, and limitations on late or overnight work.
California Child Labor Regulations
Regulation of child labor may include the use of Employment Certificates issued by the minor’s school or the state Labor Department, and/or an Age Certification document that verifies the minor’s age for work purposes
Maximum Hours of Work for Minors
Working hour restrictions limit how many hours a minor may work per day, and per week. Youth who are 16 and 17 years old and enrolled in a work experience or cooperative vocational program approved by the California Department of Education may work until 12:30 a.m. on any day and may work more than 8 hours on a school day.
Minors Under 16 Must Comply with the following:
When schools are in session: 3 hours per school day / 18 hours per week are permitted.
When schools are out of the session: up to 8 hours per day, up to 40 hours per week, and between 7:00 a.m. and 7:00 p.m., except that from June 1 through Labor Day, until 9:00 p.m.
Minors Ages 16 and 17 Must Comply with the following:
When schools are session: 4 hours per day and 28 combined hours of work and school are allowed per week, except 8 before the non-school day
When schools are out of the session: up to 8 hours a day, up to 48 hours a week, and between 7:00 a.m. and 12:30 a.m., on days that do not precede a school day. A maximum of 6 days are allowed per non-school week.
Related: How to Terminate Child Support in Texas
Nightwork Restrictions for Minors
Nightwork restrictions set limits on how late a minor can legally work.
For Minors Under 16:
Work is prohibited during these hours: 7 p.m. (9 p.m. June 1 through Labor Day) to 7 a.m.
For Minors Ages 16 and 17:
Work is prohibited during these hours: 10 p.m. (12:30 a.m. before the non-school day) to 5 a.m.
In addition to laws requiring work certificates or age verification for general employment of minors, most states have special regulations governing the employment of minors in agriculture (such as farm work and harvesting), and the entertainment industry (including child actors, models, and performers).
To learn about these special child labor laws in California, see the following pages.
On a Federal level, child labor is regulated under the Fair Labor Standards Act (FLSA).
School Attendance Requirements
Minors 12 to 15 years of age must attend high school full-time unless they have graduated high school or equivalent.
16- and 17-year-olds are not required to attend high school if they have graduated high school or have a certificate of proficiency. However, if they are regularly employed and have not graduated high school or equivalent, they must attend continuation school for at least 4 hours per week.
Related: How to Report a New Job to Child Support in Texas
Work Permit Requirements
Except in limited circumstances, employers are required to get a work permit issued by the minor’s school before hire, unless the minor is a high school graduate or equivalent. Once an employer agrees to hire the minor, it must obtain the work permit before the minor performs any work, including orientation or training, and when the minor does not perform any actual job duties. The school will decide whether to issue a work permit and may decide to issue the permit for the maximum hours allowed by law, to limit the hours the minor may work, or refuse to issue a permit at all. The two forms must be completed in the following order:
- Statement of Intent to Employ Minor and Request for Work Permit is completed by the minor and the employee.
- Form B1-4 Permit to Employ and Work is issued by the minor’s school
Penalties for Violating Child Labor Laws
Violations of child labor laws carry serious civil and criminal penalties. The more severe civil penalties generally involve employment in hazardous occupations. Criminal violations of child labor laws are misdemeanors punishable by fines ranging up to $10,000, by jail time of up to six months, or both fines and imprisonment.
Contact Us
If you or a loved one would like to learn more about California Child Labor Laws, get your free consultation with one of our Employment Attorneys in California today!