Ins and outs of labor laws vary by age
By The Bakersfield Californian
California and federal laws lay out the rules for minors who work and their employees. The laws dictate the details of adolescent employment, from how many hours they can work on school days to what tasks they can perform. The rules vary depending on the age of the minor and where they work. Here's a look at some of the rules for underage workers. Follow the links below for even more specifics.
Minors younger than 12
School: Must be in school full-time.
Hours: Can work irregular odd jobs.
Work: Can work as newscarriers, who must be at least 12 years old, casual workers at private homes, such as baby-sitting or yard work, and domestic labor for places their parents own or operate. Those jobs do not require permits. Children as young as 15 days old can work in the entertainment industry.
Minors younger than 12 can also do agriculture work without a permit at locations their parents own or operate. However, they can't work during school hours, even if they are younger than school age, and can't work in an "agricultural zone of danger," such as with chemicals or moving equipment, that is prohibited to minors younger than age of 16.
Age 12 to 13
School: Must be a full-time student unless high school graduate or the equivalent.
Hours: May work up to eight hours a day and 40 hours a week from 7 a.m. to 7 p.m. They can work until 9 p.m. from June 1 through Labor Day. They can only work on non-school days.
Work: Permits are required to work unless they are a high school graduate. Similar restrictions as for workers younger than age 12 apply. Minors age 12 to 13 can work jobs as personal attendants, such as baby-sitting, household work and as newscarriers. They can also work without a permit in their parents' agricultural operations.
Age 14 to 15
School: Must be a full-time student unless they have graduated high school or the equivalent.
Hours: May work eight hours a day and up to 40 hours a week when school is not in session. When school is in they can work three hours on school days and eight hours on non-school days. They can work up to 18 hours a week but those hours can't be put in during the school day.
However, sports attendants working at professional baseball games can work until 10 p.m. on a school day and until 12:30 a.m. on a night before a non-school day. They can also work five hours a day and 18 hours a week when school is in. They can work up to eight hours a day and up to 48 hours a week when school is not in session.
Students enrolled in work experience education can work more, up to 23 hours a week, and during the school day.
Work: Permits are required unless they are high school graduates. Adolescents can work in retail, restaurants and gas stations at this age. However, the tasks they can do, such as kitchen prep work, cleaning and making deliveries on foot, are laid out in law. The law also spells out jobs they can't do, including working in mining or operating motor vehicles. State law also offers guidelines for door-to-door sales, including how far from home they can sell and provisions for adult supervision.
They can't work jobs considered hazardous by state law, such as construction work or making deliveries via motor vehicles. Exceptions may be made for minors training in restricted jobs in a work experience education program with a permit.
Minors in this group can also work other agricultural jobs with a permit. However, they are forbidden to work in jobs declared hazardous by federal regulations for minors younger than age 16, including operating a forklift or working in a pen with a bull.
Age 16 to 17
School: Teens in this age group don't have to be in school if they have graduated or have a certificate of proficiency. If they are regularly employed and haven't graduated, they must attend a continuation school at least four hours a week. They must attend such a school for 15 hours a week if they are not regularly employed.
Hours: May work eight hours on non-school days and four hours on a school day. Sports attendants can work the same hours as in those age 14 to 15. Part-time students can work during the school day as long as their job doesn't interfere with school. Messengers can work from 6 a.m. to 9 p.m.
Minors age 16 or 17 can work between 5 a.m. and 10 p.m. but as late as 12:30 a.m. on the night before a non-school day. However, students in work education can work until 12:30 a.m. on any day with approval.
Teens working at an agricultural packing plant can work up to 10 hours on non-school days during peak harvest season if the labor commissioner grants a special extension to their employer.
Work: Jobs prohibited to youth in this group are any occupation declared hazardous to people younger than age 18 by federal regulation. Those jobs include manufacturing explosives, roofing and meat-packing. State law prohibits other jobs, including certain tasks at gas stations and selling alcohol. Those same restrictions apply to minor workers age 14 or 15.
Separate rules apply to minors working in the entertainment industry.
For more information on California's child labor laws, go to www.dir.ca.gov/dlse/DLSE-CL.htm or www.dir.ca.gov/dlse/ChildLaborPamphlet2000.html#8.
SOURCE: California Department of Industrial Relations
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