Know Your Rights...

LABOR LAWS AFFECTING MINORS

WORK PERMITS

• All minors under age 18 (including minors employed by parents) must have work permits. Exempt: minors who high school diplomas or passed the state profiency exam.
• Minors must meet mandatory school attendance laws in order to obtain work permits.
• Work permits are required all year, including all school recesses and holidays.
• Work permits must be renewed at the start of each new school year or at the time students obtain new jobs.
• Work permits must be kept on file at work sites.
• Public schools have the legal right to restrict or reduce the type of employment and/or hours of work if the schoolwork and/or health of minors are being impaired by employment.
• Work permits are not required for minor engaged in the following types of employment:
  • Private homes doing occasional odd jobs.
  • Sale or delivery of newspapers if self employed.
  • Self employment.
  • Agricultural or domestic work on property owned, operated, or controlled by minors' parents.

All applications for work permits are available from the Work Experience Teacher/Coordinator at each school site. Summer work permits are available at the Child Welfare and Attendance office, 1144 E. Channel St. Room 105, beginning the day after school is out for the summer. Summer work permits expire one week after the new school year begins.

UNIFORMS:

Uniforms required by employers shall be provided and maintained by the employers.

"Uniform" includes apparel and/or accessories of distinctive color or design.

WORKERS' COMPENSATION INSURANCE:

Minors must be covered by Workers' Compensation Insurance, including minors employed by parents and by businesses operating from private residences.

HOURS MINORS ARE ALLOWED TO WORK

Ages 16-17: School in Session

WEE Students:

• 8 hours maximum per day
• 48 hours per week

Non WEE Students:

• 4 hours max. per day Monday-Thursday
• 8 hours max. per day Friday- Sunday
• 36 hours per week

Summer/Vacation Permit

• 8 hours max. per day Monday-Sunday
• 5 a.m. to 12:30 a.m. any day of week
• 48 hours per week

Ages 14-15: School in Session

• 3 hours max. per day Monday-Friday
• 8 hours max. per day Saturday-Sunday
• 7 a.m. to 7 p.m. any day of week
• 18 hours per week

Summer/Vacation Permit

• 8 hours max. per day Monday-Sunday
• 40 hours per week

Under 14 Years of Age

Federal and State laws prohibit the issuance of work permits except in very limited circumstances. Contact the Department of Industrial Relations for more information.

Note: With few exceptions, all employees are entitled to one day of rest in "7". (LC554)

WAGES

• In most cases, minors must be paid the minimum wage.
• If employees work split shifts, they must be paid one (1) extra hour at the minimum wage.
• If employees report to work but are not given work and sent home, they are owed a minimum of two (2) hours pay.
• If employees are asked not to clock in, they are free to leave. They cannot be required to wait without being paid.

STATEMENT OF DEDUCTIONS

• At the time wages are paid, employers must furnish all employees separate or detachable itemized statements of deductions and hours worked (paycheck stub).
• WEE students must submit copies of paycheck stubs upon receipt, for verification of hours worked.

More Labor Law Info:

-For more information on youth employment laws, visit the YouthRules! Web site:  http://www.youthrules.dol.gov or call toll free 1-866-4US-WAGE (1-866-487-  9243).

-For more information on California Labor Laws:  http://www.labor.ca.gov/about/contact-us/

-Where to File a wage or other labor related complaint with the California Department of Labor:  http://www.calaborlaw.com/complaint/

-For additional information on the Fair Labor Standards Act and other labor related topics, visit the Wage and Hour Division Web site: http://www.wagehour.dol.gov and/or call their toll-free information and helpline @ 1-866-4US-WAGE (1-866-487-9243), available 8a.m. to 5 p.m. pacific-standard time.

-When state youth employment laws differ from the Federal provisions, an employer must comply with the higher standard. Links to your state labor department:  http://www.dol.gov/whd/contacts/sta

Additional Resources:

• Labor Laws Brochure
• Young Workers Health and Safety Website
• Department of Industrial Relations - Do you need to know laws that apply to teen workers? Do you need to file a complaint?  If you have questions, talk to your Work Experience Coordinator.