Tim Riche'
Labor Laws
Child labor laws had their origin in California during the late 1800’s in the field of agriculture. With California being a major base for the entertainment industry, California has more legislation regarding minors working in the entertainment than other states. Youth 15-18 must have a specific work permit for the entertainment industry while employers in this field and all other fields must have a permit to employ from the Division of Labor Standards Enforcement.
Child Labor Laws in California For Minors Under 14
Currently, the California Child Labor Law states that those under the age of 14 are prohibited from working because of the importance of protecting their physical, mental, and emotional development. California does allow 12 and 13 year olds to work certain jobs on non-school days, including holidays, vacations, and weekends. They are generally prohibited from working before, after, or during the school day. 12-13 year olds are permitted to do casual work, such as babysitting, yard work, and lawn mowing privately, and may be news carriers and deliver newspapers. Those 12-13 may work only on non-school days, up to 8 hours per day, and 40 hours per week. Minors under the age of 12 are prohibited from working. Child labor restrictions do not apply to parents or legal guardians whose children work for them on property they own or operate.
Child Labor Laws in California For Minors 14 and 15 Years Old
Minors 14-15 may work in certain jobs but not ones considered hazardous. This includes selling alcohol, operating dangerous machinery with mowers or cutters, or performing office work for companies involved in the construction or transportation of aircrafts, vessels, automobiles, and trains. Those in this age group must obtain a work permit from the local school district prior to beginning a job to be filled out by the student and the employer. They need to have completed the seventh grade to work during the school year with the permit varying due to the health and academic needs of the youth. Minors 14-15 who are involved in learning activities may or may not be included under child labor laws depending on the nature of the learning experience. Child labor restrictions do not apply to parents or legal guardians whose children work for them on property they own or operate.
The laws outline the restrictions for this age group, including,
When public school is in session:
No more than three hours on school days
A maximum of 18 hours per week
No work during school hours
Not earlier than 7am or later than 7pm
No more than eight hours per day on non-school days
When public school is not in session:
Not earlier than 7am and later than 7pm
No more than eight hours per day
No more than 40 hours per week from June 1 to Labor Day
Child Labor Laws in California For Minors 16 and 17 Years Old
Minors in this age group are allowed to work in a variety of jobs but not ones considered too dangerous. Those 16-17 may not serve or sell alcohol, use power equipment, or work in demolition or roofing. School dropouts remain subject to the provisions of the Child Labor Law. Child labor restrictions do not apply to parents or legal guardians whose children work for them on property they own or operate. The Child Labor Law details the guidelines, including,
When public school is in session:
A maximum of four hours per day on school days
A maximum of eight hours on non-school days
Not earlier than 5am and later than 10pm
A maximum of 48 hours per week
With the Labor Commissioner exception, may work up to 10 hours per day on non-school days in an agricultural packing shed in the peak harvest season
When public school is not in session:
A maximum of eight hours per day
Not earlier than 5am and later than 10pm
A maximum of 48 hours per week
With the Labor Commissioner exception, may work up to 10 hours per day in an agricultural packing shed in the peak harvest season
Forms for Students!
The most common question for Mr. Riche'
1. How old do I need to be to get a job? The answer is that a student can get a job at any age but that you can work more hours at the age of 16. Because of that most employers want to wait for them until they are 16 years old before they hire them.
2. Can I have a Work Permit? You do not need one until you have applied, been interviewed and told you are hired. Go apply for the job first, get interviewed and then come see Mr. Riche'.
3. Who else can do Work Permits if Mr. Riche' is not around during summer or holidays? Monica Ochoa at the Madera Unified District office on Howard Road is available during those times.
3. Do I need to have good attendance and good grades to get a work permit? Yes
4. What is Work Experience? Work Experience allows students that are Junior and Seniors to get credit for their jobs as long as they work or volunteer 10 hours a week.
The first video explains work permits, the second video explains Work Experience.
The process for a minor to acquire a work permit in California is not complicated, however will require some time. The minor can request from his or her school the Department of Education form entitled: “Statement of Intent to Employ Minor and Request for Work Permit”. A link to this form is provided below. The form will require the minor’s name, birthdate and social security number, as well as their school information.
In addition, the form requires information from the future employer, to include the type of work the minor will be expected to complete. The form must be signed by the employer and by the parent, who will be consenting to the minor being employed. The minor will not be able to begin work until the form is completed and signed, and the “permit to employ and work” issued by school officials. Should school not be in session, the permit can be obtained from the superintendent of the school district where the minor lives. Minor students aged 14 through 17 should take the following steps to obtain and complete their work permit:
Request the Department of Education form entitled: “Statement of Intent to Employ Minor and Request for Work Permit” from their school. You can access the form by clicking here.
The minor should ask their Once the minor has found a potential employer, both the minor, their parent or guardian and the employer will need to complete the “Statement of Intent to Employ Minor and Request Work Permit”. Completing this from requires some basic information from the minor, the parent or guardian and the employer.
Once the form is complete and everyone has signed it, the minor will return the form to their school.
School officials can then issue the permit to employ and work. Should school not be in session, the completed form should be returned to the superintendent of the minor’s school district so that the permit may be issued.
The school officials issuing the permit will note on the permit the number of hours that can be worked in a day or a week, as well as the hours during the day a minor can work. The permit will also note any limitations or other restrictions that the school feels should be imposed.
The completed permit will be brought to the employer and kept on file.
Tim Riche' is in charge of Work Experience and Work Permits for Madera Unified. Easiest way is through his email timriche@maderausd.org
Process for getting a Work Permit.