When it comes to getting a job and earning a living, many teenagers are excited to take that first step of getting a job. While many teenagers look forward to earning their first paycheck, state lawmakers have long recognized that young workers are especially vulnerable to exploitation, workplace injuries, and wage theft. For that reason, California places strict limits on when minors can work, how many hours they can work, the types of jobs they may perform, and the conditions under which they can be employed.
Why Does California Have Child Labor Laws?
Child labor laws exist to strike a balance between allowing minors to gain valuable work experience and protecting them from unsafe or exploitative working conditions.
California’s child labor protections are primarily found in:
- California Labor Code §§ 1285–1312, which regulate the employment of minors.
- California Education Code §§ 49110–49165, which establish work permit requirements and educational protections.
- Industrial Welfare Commission (IWC) Wage Orders, which govern wages, meal periods, rest breaks, and working conditions.
- The Fair Labor Standards Act, the federal law establishing nationwide child labor standards.
These state and federal laws are intended to ensure that employment does not interfere with a child’s education, health, or safety. Employers who violate these rules may face civil penalties, criminal charges, wage claims, and investigations by the California Labor Commissioner’s Office or the Division of Occupational Safety and Health (Cal/OSHA).
Who Is Considered a Minor Under California Labor Law?
Under California Labor Code § 1286, a minor is anyone under 18 years of age who has not graduated from high school or earned an equivalent certificate of proficiency. Even if a teenager has parental permission to work, employers must still comply with California’s child labor laws and depending on the industry or business minors may not be employed unless the employment complies with state child labor laws and applicable education requirements.
Is There a Minimum Age to Work in California?
Most minors may legally begin working at 14 years old, although California law recognizes several exceptions depending on the type of work. For example, the entertainment industry, family-owned businesses, child care, and certain artistic or educational performances are some of the most common instances where minors are allowed to work due to the nature of each respective roles and responsibilities.
Do Minors Need a Work Permit?
In most situations, California requires minors under the age of 18 who have not graduated from high school to obtain a Permit to Employ and Work before beginning employment. The requirements are established under California Education Code §§ 49110–49119, but typically, the process includes the following:
- The minor receives a job offer.
- The student completes a work permit application.
- A parent or guardian signs the application.
- The employer certifies the proposed employment.
- The student’s school reviews the request.
- The school issues the permit if the employment complies with state law.
However, it is important to note that schools may deny, suspend, or revoke valid work permits if employment negatively impacts the minor’s school attendance, academic performance, overall health and welfare, and educational progress as per Education Code §§ 49164.
How Many Hours Can Minors Work in California?
California imposes detailed hour restrictions based on the minor’s age and whether school is currently in session. These limitations help ensure that employment does not interfere with compulsory education. Under California Labor Code §§ 1391–1393 and the Education Code, minors ages 14 and 15 generally may work:
- Up to 3 hours on a school day
- Up to 8 hours on a non-school nights
- No more than 18 hours during a school week
However for minors ages 16 and 17, the state allows greater flexibility for older teenagers, allowing them to work:
- Up to 4 hours on school days
- Up to 8 hours on non-school nights
- Up to 48 hours during a week
Although older teenagers and high school graduates may work longer hours than younger minors, employers must still ensure work does not interfere with their ability to attend school or violate Education Code requirements. However, during summer vacation and certain school holidays, minors generally may work up to 8 hours per day and up to 40 hours per week. This distinction is critical because scheduling beyond these legal limits may constitute a child labor violation.
Are Minors Entitled to California Minimum Wage?
Minors are entitled to the same minimum wage as adult employees and California law does not permit employers to pay minors a reduced “training wage”. In addition, young workers have the same wage-and-hour rights as adults under the California Labor Code and applicable IWC Wage Orders, including the right to receive:
- Minimum wage
- Overtime pay when legally applicable
- Itemized wage statements under Labor Code § 226
- Timely payment of wages under Labor Code §§ 201–204
- Protection against unlawful paycheck deductions under Labor Code §§ 221–224
As teenagers are frequently employed in industries where wage theft occurs, such as restaurants, retail stores, and hospitality, it is vital for young adults and their parents to fully understand that employers are not lawfully allowed to avoid wage obligations simply because an employee is under 18.
Dangerous Jobs Minors Cannot Perform
While there are a number of industries that employs minors to do tasks that is best suited for them, one of California’s most important child labor protections is prohibiting minors from performing hazardous tasks in certain occupations. These restrictions largely mirror federal Hazardous Occupation Orders while California often provides additional safeguards.
Examples of prohibited occupations include:
- Roofing
- Excavation
- Logging
- Mining
- Wrecking or demolition
- Manufacturing explosives
- Operating forklifts
- Operating power-driven woodworking equipment
- Commercial meat slicers
- Commercial bakery machinery
- Circular saws
- Chain saws
- Heavy manufacturing equipment
- Certain construction work
- Driving motor vehicles as part of employment
These restrictions significantly reduce the risk of catastrophic workplace injuries among young workers.
What Happens if an Employer Violates California Child Labor Laws?
Violating California’s child labor laws can expose employers to significant liability and depending on the circumstances, an employer may face civil penalties and lawsuits, criminal misdemeanor charges, wage and hour claims, and even investigations by Cal/OSHA. Employers may also become liable under additional statutes if violations involve unpaid wages, retaliation, discrimination, or workplace safety failures.
What Should Parents Do if They Suspect a Child Labor Violation?
If you believe your child’s employer violated California’s child labor laws, consider taking the following steps:
- Keep copies of work schedules.
- Save pay stubs and wage statements.
- Maintain copies of work permits.
- Document any unsafe work assignments.
- Photograph dangerous conditions when appropriate.
- Preserve text messages and emails from supervisors.
- Obtain medical treatment if an injury occurred.
- Speak with an experienced California employment attorney before accepting any settlement or signing employer documents.
As labor claims tend to be largely dependent on the quality and quantity of detailed evidence, early documentation can make it significantly easier to establish violations and recover compensation if legal action becomes necessary.
Whether you are the minor’s parent or a legal guardian, you should not have to constantly worry if your child is being treated fairly at work or if they are forced to perform tasks that can impact their ability to focus and learn during school hours.
Protect California’s Young Workers With West Coast Employment Lawyers
California’s child labor laws reflect the state’s strong commitment to protecting young employees while allowing them to gain valuable work experience. Unfortunately, workplace violations still occur especially in industries that rely heavily on teenage workers, such as retail, hospitality, agriculture, entertainment, and food service. Employers that ignore these obligations may face significant financial penalties and legal liability.
If your child has been required to work excessive hours, denied lawful wages or breaks, or were exposed to dangerous working conditions, consulting with an experienced California employment attorney from West Coast Employment Lawyers can help you understand the protections available under state law and determine the best path forward.
Book a FREE consultation today by calling (213) 927-3700 or completing our easy online contact form.
