Students wishing to work must pick up an application for a work permit in the Counseling Office.
This form has sections which must be filled out by the student, the prospective
employer and the student's parents. When filled out, the form must be brought back
to the Counseling Office. The student will then be notified of the expected date to
pick up the completed Work Permit, usually within just a few days. The student must
return at that time, pick up the Work Permit, and deliver it to the prospective employer.
This form must be in the possession of the employer for the student to legally work.
Teen Work Hours
Laws and Agencies Controlling Employment of Minors
Most
California employees are governed not only by state child labor laws but by the child
labor provisions of the federal Fair Labor Standards Act (FLSA). When federal and state
laws both apply, the more restrictive law prevails.
FLSA set
basic minimum ages of 16 for general employment and 18 for occupations declared
particularly hazardous for young workers. Persons younger than 16 are allowed to work only
in limited, specified occupations which exclude baking, manufacturing, processing,
construction, warehouse, and transportation occupations.
(See U.S. Department of Labor (DOL) Child Labor Bulletins 101 and 102.)
California
law also sets out minimum ages, as summarized below, and restricts or prohibits employment
of specified age groups of minors in specified hazardous occupations. (See
“California Child Labor Laws 1995-96,” a publication of the California Division
of Labor Standards Enforcement.)
Information
on federal labor laws is available from the DOL's Wage and Hour Division, Employment
Standards Administration. Information on state child labor laws are available from the
Division of Labor Standard Enforcement. Both
the federal and state agencies have offices in several California Cities.
Summary of Minors' Regulations
1. Federal and state law
generally prohibit non farm employment of children younger than 14. Special rules apply to
agricultural and domestic work and to the entertainment industry.
2. Children generally must attend
school until age 18 unless they are 16 or older and have graduated from high school or
received a state Certificate of Proficiency.
3. Employers of minors required to
attend school must have 'Statement of Intent to Employ Minor and Request for Work Permit'
(Form Bl -1) on file with school district of attendance for each such minor and must
themselves have on file for each minor a 'Permit to Employ and Work' (Form B1-4). Records
are to be open at all times for inspection by school authorities and officers of the
Division of Labor Standards Enforcement.
4. A work permit must be revoked
whenever the issuing authority determines the employment is illegal or is impairing the
health or education of the minor.
5. Labor laws applicable to adult
employees are also generally applicable to minor employees, including workers'
compensation insurance requirements.
6. Child labor laws do not
generally apply to minors who deliver newspapers or work at odd jobs, such as yard work
and baby-sitting or in private homes where the minor is not regularly employed.
7. Hours of work:
(When federal and state laws both apply, the more restrictive law prevails.)
Age |
Federal regulations |
State Law
|
12-13 |
Prohibits the nonfarm employment of minors under the age of 14. |
Cannot work on schooldays. When school is not in session, daily maximum
8 hours, weekly maximum 40 hours.
|
14-15 |
When school is in session: daily maximum 3 hours, weekly maximum 18
hours, except 23 hours if student is in Work Experience Education program. (Generally may
not work during school hours except in Work Experience Education program.) When school is
not in session: daily maximum 8 hours and weekly maximum 40 hours. |
Same as federal regulations.
|
16-17 |
Same as for adult - state child labor standard prevails. |
Four (4) hours per day on any school day. Eight (8) hours on any nonschoolday or on any day that precedes a
nonschoolday. May be permitted to work 48
hours per week. Maximum hours vary per school
district policy. Work Experience Education
student may be permitted to work a maximum of 8 hours on a school day. High school graduate and state Certificate of
Proficiency recipient is treated as an adult. |
8. Spread
of hours:
12-13 |
(See 1, above) |
Work must be performed between 7am and 7pm except June 1 through Labor
Day when the hour is extended until 9pm |
14-15 |
Work must be performed between 7am and 7pm except June 1 through Labor
Day when the hour is extended until 9pm. |
Same as federal regulations
|
16-17 |
Same as for adult - state child labor standard prevails. |
Work must be performed between 5am and 10pm except that work may extend to one-half hour past midnight on
nights preceding nonschool days. Student in
Work Experience Education program may be authorized to work until one-half hour past
midnight on nights preceding school days. |
9. A day of
rest from work is required if the total hours worked per week exceed 30 or if more than 6
hours are worked on any one day during the week.
10. Prohibited
hazardous occupations for minors under 18 by the federal and state law:
1. Explosives |
10. Power-driven meat
slicing machines and meat slaughtering * |
2. Motor vehicle driving/outside helper |
11. Power baking machines |
3. Coal mining |
12. Power-driven paper
products/paper-baking machines * |
4. Logging and woodworking machines |
13. Manufacturing brick,
tile products |
5. Power-driven woodworking machines * |
14. Power saws and shears * |
6. Radiation exposure |
15. Wrecking, demolition |
7. Power-driven hoist/forklifts |
16. Roofing * |
8. Power-driven metal forming, punching and shearing machines * |
17. Excavation operation * |
9. Other mining |
|
* See U.S. Department of Labor Bulletin 101. “Child Labor Requirements in Nonagricultural
Occupations Under the Fair Labor Standards Act”' for apprentice and student learner
exemptions.
