Any minor under the age of 18, with some exceptions, is subject to California’s child labor laws. The California Labor Code defines a “minor” as any person under the age of 18 years required to attend school under the provisions of the California Education Code, as well as any person under the age of six. Except in limited circumstances and as defined by law, all minors under 18 years of age employed in the state of California must have a permit to work.
Even those who do not finish high school are subject to California’s compulsory education laws, and, therefore, subject to all California child labor law requirements. Although emancipated minors are subject to California’s child labor laws, they may apply for a work permit without the permission of their parents.
Minors are restricted to certain types of work and may not work in hazardous jobs. Work permits are not required for newspaper carriers, babysitting, or yardwork in private homes. Minors between the ages of 15 days to 18 years who are employed in the entertainment industry must have a permit to work, and employers must have a permit to employ.
Before an employer may permit a minor to work, the minor must provide a valid permit (Permit to Employ and Work), usually issued by an authorized person at the minor’s school. When school is not in session or during the summer, a minor may obtain this work permit from the superintendent of the school district where the minor resides.
Before a valid permit can be issued, the minor must obtain a Department of Education form entitled “Statement of Intent to Employ Minor and Request for Work Permit.” This is usually done after an employer agrees to hire a minor. The request form must be completed by the minor and the employer. Finally, it is signed by the minor’s parent or guardian and the employer.
Once this form is signed, completed, and returned to the school, the Permit to Employ and Work may be issued by authorized school personnel. When issued during the school year, these permits expire five days after the opening of the next succeeding school year. However, minors may renew them for continued use.
As a worker in California, you have many important rights that must be safeguarded constantly. Even in 2021, many California employers try to work around legal requirements to increase their profits. If you believe that your employer is violating your rights – rights possessed by all California employees – call Moss Bollinger for a free consultation to discuss solutions for asserting and defending these important, valuable rights. Moss Bollinger takes great pride in holding employers accountable for workplace violations that infringe upon the protections afforded every California worker by California law. Contact Moss Bollinger today at (866) 535-2994 or reach us online.