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California’s child labor laws regulate the circumstances under which minors (persons under the age of 18) can work in the state. The state laws are supplemented by federal laws that restrict what occupations can employ minors in the workplace.
Eight key things to know about these child labor laws in California are:
- the legal working age is 14,
- minors under 14 can still work some jobs,
- minors under 18 cannot work certain jobs,
- to work, minors need to get a California work permit,
- minors still need to go to school if they have not graduated high school,
- child labor laws regulate how many hours can be worked, and when minors can work,
- the entertainment industry has its own rules, and
- minors have important workplace protections.
1. The legal working age in California is 14
In general, the legal working age in California is 14 years old. Minors under this age are generally not allowed to work.
However, there are numerous exceptions to these child labor rules that allow young people to gain work experience.
Minors 14 and over face numerous restrictions on when and where they can work. They also need to have a California work permit.1
Minors under 14 years of age can still work certain jobs. They do not need a work permit to do these jobs.
2. Minors under 14 can work certain jobs
Minors 13 years old and younger can still work certain jobs. These jobs do not require a work permit. They include:
- odd jobs, done irregularly and at private homes, like:
- yard work, and
- babysitting;2
- ventures of self-employment, like running a lemonade stand or starting a business,
- working a paper route, and
- agricultural jobs, if the minor is employed by a parent or legal guardian who controls, operates, or owns the premises.3
Minors under 14 can also become child actors. However, this requires a work permit.4
Minors under 14 can also work as outside salespeople, selling:
- cookies, flowers, candy, or other items either in a fixed location in the street or sidewalk or by going door-to-door,5 and
- periodicals, newspaper, or magazines, as long as the work is done within 50 miles of where the minor resides.6
These sales jobs do not require a work permit. However, minors doing them must have adult supervision.7
3. Minors under 18 are prohibited from working certain jobs
There are certain jobs that state and federal child labor law forbids minors under the age of 18 from working.
Regulations by the U.S. Department of Labor (DOL) under the federal Fair Labor Standards Act (FLSA) state that minors under 18 cannot work in the following industries:
- meatpacking,8
- roofing,9
- excavation,10 or
- logging.11
They also cannot work the following hazardous occupations:
- in a sawmill,12
- with bakery machines,13 or
- with power-driven hoisting machines, like a crane.14
Under California’s state child labor laws, minors under 18 cannot perform the following types of work:
- in quarries, mines, tunnels, or other excavations,
- on scaffolding,
- in a tobacco manufacturing job,
- as the driver of a car or a truck,
- in a boat,
- on a railroad,
- any type of job that makes or uses dangerous dyes or acids or that produces a lot of dust, or
- any other type of job that is dangerous or unhealthy.15
California’s child labor laws also requires adult supervision for certain other jobs, like working in a package store.16
4. Minors generally need a work permit
While there are exceptions, minors generally need a work permit to have a job in California.
Minors who want a job have to request a permit. They make this request by filing a “Statement of Intent to Employ Minor and Request for Work Permit – Certificate of Age.” This request must be signed by the minor’s parent or legal guardian.17 It is available on the website of the State of California Department of Education (CDE).
The request goes to the minor’s school district office for approval. If approved, school officials issue a Permit to Employ and Work. This permit states:
- where the minor can work,
- the role that the minor can have in the workplace,
- the number of hours the minor can work in a day and in a week,
- which hours the minor can work, and
- any other occupational restrictions.18
The minor keeps a copy of this Permit. The minor’s employer is also given a copy of the Permit. All California employers must keep their copy in a place where it is available for official inspection.19 Most employers satisfy this record keeping obligation by having a copy in their human resources department.
If the job harms the minor’s health or education, or if any additional permit requirements are being violated, the Permit can be revoked.20
California work permits expire 5 days after the start of the following school year.21
5. Working minors still need to attend school
California’s child labor laws require minors who have not yet graduated high school or received a certificate of proficiency to continue to attend school. Required school attendance depends on the minor’s age:
- minors 16 or 17 years old must attend continuation school for at least:
- 15 hours per week if they are not regularly employed, or
- 4 hours per week if they are regularly employed; while
- minors under the age of 16 must go to school on a full-time basis.
High school graduates do not need to continue to attend school.
6. Child labor laws limit how many hours you can work
In California, state child labor laws put a cap on how many hours a minor can work. They also restrict which hours can be worked. These rules depend on:
- whether school is in session,
- whether it is a schoolday, and
- the minor’s age.
12 or 13-year-olds are not allowed to work on school days. They can only work on school holidays or school vacations.22
Minors who are 14 or older can only work while school is in session if they have already completed the 7th grade.23
14 and 15 year olds who have completed the 7th grade are allowed to work up to:
- 18 hours per workweek while school is in session,
- 40 hours per week while school is not in session,
- 8 hours on a non-schoolday, and
- 3 hours of work on school days, though not during school hours.24
Minors who are 15 or under are only allowed to work between:
- 7am and 7pm, or
- 7am and 9pm during the summer between June 1 and Labor Day.25
16 and 17 year olds can work up to:
- 48 hours per week,
- 8 hours per workday on non-schooldays or on days before a non-schoolday, and
- 4 hours per day on school days.26
All of these hours of a minor’s work by a 16 or 17 year old must fall between:
- 5am and 10pm, or
- 5am and 12:30am if the following day is not a schoolday.27
7. There are exceptions for the entertainment industry
In California, child labor laws have exceptions for the entertainment industry regarding the employment of minors.
The biggest exemption under state law is for young child actors. Minors as young as 15 days old can work as an actor.28
However, all minors need to have a work permit to work in the entertainment industry. Those permits can only be issued by the Labor Commissioner at the California Division of Labor Standards Enforcement (DLSE), not by the school district.
8. Minors have workplace rights
In addition to child labor laws, minors in California also have rights under state employment law. Most minors are non-exempt workers. This means they have a right to:
- the applicable minimum wage,
- meal and rest breaks,
- overtime pay, and
- workers’ compensation for injuries that happen while on the job.
Legal References:
- California Education Code 49110 EC.
- 18 Ops. Cal. Atty. Gen. 114, August 31, 1951.
- California Labor Code 1293.1 and 1394 LAB.
- California Labor Code 1308.5 LAB.
- See California Labor Code 1308.01(a) LAB (children as young as 6 can work these jobs) but also California Education Code 49111 EC (requiring that a child be at least 12 to obtain a work permit).
- California Labor Code sections 1308.01(b) and 1298 LAB.
- 8 California Code of Regulations (CCR) 11706(a).
- 29 Code of Federal Regulations (CFR) 570.61.
- 29 CFR 570.67.
- 29 CFR 570.68.
- 29 CFR 570.54.
- Same.
- 29 CFR 570.52.
- 29 CFR 570.58.
- California Labor Code 1294 LAB.
- California Business and Professions Code 25663(b) BPC.
- California Education Code 49110(c) EC.
- California Education Code 49115 and 49163 EC.
- California Labor Code 1299 LAB.
- California Education Code 49164 EC.
- California Education Code 49118 EC.
- California Education Code 49111 EC.
- California Education Code 49112 EC.
- California Education Code 49112 and 49116 EC, and California Labor Code 1391 and 1392 LAB.
- California Labor Code 1391 LAB.
- California Education Code 49112 and 49116 EC, and California Labor Code 1391 LAB.
- California Labor Code 1391 LAB.
- California Labor Code 1308.8 LAB.