Q: THIS summer, my teenager wants to work and since this will be a first job, I am concerned as a parent about the legal consequences of my child working. What should I look out for in order to ensure that my teenager is safe and is treated fairly?
A: The law restricts the use of child labor. Most minors under the age of 18 are subject to California’s child labor protections. Some of these restrictions pertain to conditions under which minors can be employed, the hours they can work, and on which occupations. Some occupations are strictly prohibited from employing minors.
Under the law, “minor” means any person under the age of 18 years who is required by law to attend school and any person under age six. High school graduates under the age of 18, who are not subject to the compulsory education laws, may be excluded from permit requirements, workhour restrictions, and all occupational prohibitions. “Dropouts” are still subject to all state child labor requirements.
Minors aged six through 15 years must attend school full-time unless the minor is a high school graduate, or is in some way excused from school attendance by law. In rare circumstances, 14 and 15-year-olds enrolled in Work Experience Education may be granted a permit to work full-time during school hours. Sixteen and seventeen-year-olds, who have not graduated from high school or who have not received a certificate of proficiency are still required to attend some classes whether or not they are regularly employed. No minor may legally drop out of school entirely.
Permits to employ and work
Unless exempted, all minors must have a permit to work, which is issued by the minor’s school. Employers, too, must have a permit to employ minors. Permits are always required, even when school is not in session.
Permits are issued for specific work at a specified address and contain the maximum number of hours a minor may work in a day and week, the range of hours during the day that a minor may work, any occupational limitations, and any additional restrictions imposed at the school’s discretion. Neither school nor labor officials can waive any minimum labor standard established by law or regulation.
School officials who determine that schoolwork or health of the minor is impaired by the employment may revoke the Permit. Permits issued during the school year expire five days after the opening of the next succeeding school year and must be renewed.
Parents who employ their children in any occupation permitted to minors, must obtain permits for the employment of their minor children in any enterprise, unless they employ their minor children in agriculture or domestic labor. However, these minors may not be employed during school hours, even when they are under school age
Minors who are self-employed do not require permits. Minors irregularly employed in odd jobs in private homes, such as baby-sitting, lawn mowing, and leaf raking, do not need to obtain a permit to work.
Wages
Minors must be paid at least the minimum wage and applicable overtime rates established by law. High school graduates must be paid commensurate with adults when they perform the same quantity, quality, and classification of work. This includes wage rates that are above the minimum wage. Sixteen and seventeen-year-olds who are permitted to work 48 hours in a week must be paid any applicable overtime pay.
Minors participating in Work Experience Education programs and who work between 10 p.m. and 12:30 a.m. (an extension of hours which requires the express approval of parents and school officials) must be paid at least the adult minimum wage for any work performed during those hours.
Minors may not be paid less than 85% of the adult minimum wage provided that the number of minors employed at said lesser rate do not account for more than 25% of the total number of persons regularly employed in the same establishment. An employer with less than 10 regular employees may employ up to three minors at the lesser rate. The 25% limitation does not apply during school vacations. Overtime pay based on the regular rate of pay must be paid when overtime is worked.
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C. Joe Sayas, Jr., Esq. is an experienced trial attorney who has successfully obtained significant results, including several million dollar recoveries for consumers against insurance companies and big business. He is a member of the Million Dollar-Advocates Forum—a prestigious group of trial lawyers whose membership is limited to those who have demonstrated exceptional skill, experience and excellence in advocacy. He has been featured in the cover of Los Angeles Daily Journal’s Verdicts and Settlements for his professional accomplishments and recipient of numerous awards from community and media organizations. His litigation practice concentrates in the following areas: serious personal injuries, wrongful death, insurance claims, unfair business practices, wage and hour (overtime) litigation. You can visit his website at www.joesayas law.com or contact his office by telephone at (818) 291-0088.
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