Santa Monica Malibu Unified School District

CALIFORNIA CHILD LABOR LAWS
 & WORK PERMIT INFORMATION


HOMEPAGE I ROP Homepage

The following regulations apply to all minors (ages 12 through 17) in California:

  • All minors work with the permission of the work permit issued authority; nothing requires a school district to issue a permit in every circumstance
  • California labor laws are designed to protect the physical safety and scholastic advancement of the minor.  No permit can violate any provision of law, state or federal.
  • Permits are issued for specific employment at a specific address.
  • Permits are always required, including when school is not in session.
  • Permits automatically expire 5 days after the beginning of the following school year and may be revoked at any time its terms are violated.
  • Working minors are required to maintain satisfactory school attendance, maintain school discipline standards and to meet school academic standards. Schools and it parents may revoke permission to work at any time (Santa Monica-Malibu USD students must maintain a 2.0 minimum GPA with no F's).
  • Work permits are required for all working minors, except for high school graduates or those who have passed the high school equivalency exam.
  • Local school districts do not have the authority to issue work permits for the entertainment industry.  Special permits must be obtained directly from the office of the State Labor Commissioner.
  • It is not legal for employers subject to FLSA to hire youth under the age of 14 by federal law.
  • It is not legal for youth under the age of 18 to work more than 8 hours per day.
  • It is not legal for youth under the age of 18 to drive a motor vehicle as a work assignment.

WORK HOURS

12 & 13 Year Olds

  • May not be employed by firms subject to the FLSA.
  • May be employed in IWC businesses only.
  • May not work on any scheduled school day.
  • May only work on weekends and school holidays.
  • May work up to 8 hours per day.
  • May work during school year between the hours of 7:00 AM and 7:00 PM.
  • May work until 9:00 PM from June 1st (or last day of spring semester) to Labor Day (or first day of fall semester).

14 & 15 Year Olds

  • May not work during scheduled school hours.
  • May work during school year between the hours of 7:00 AM and 7:00 PM.
  • May work after school and on non-school days.
  • May work up to 18 hours per week during school year.
  • May not work more than 3 hours on a day preceding a school day, unless enrolled in an ROP CVE or state approved work experience program.
  • May not work more than 8 hours on non-school days.
  • May work until 9:00 PM. from June 1st (or last day of spring semester) to Labor Day (or first day of fall semester).
  • May not work any overtime.

16 & 17 Year Olds (non ROP Students)

  • May not work during scheduled school hours.
  • May not work more than 4 hours on a day preceding a school day (usually Sunday through Thursday) unless enrolled in an ROP CVE or state approved work experience program.
  • May not work later than 10:00 PM on an evening preceding a school day (usually Sunday through Thursday evenings).
  • May work up to 12:30 AM on the day preceding a non-school day (usually Friday or Saturday evenings).
  • May not work more than 28 hours per school week unless enrolled in an ROP CVE or state approved work experience program.
  • May work up to 48 hours per week when school is not in session.
  • Overtime pay is required for more than 40 hours.

16 & 17 Year Olds (ROP CVE-COOPERATIVE)

  • May not work during scheduled school hours.
  • Is eligible for an extended hours work permit while enrolled in ROP CVE classes.
  • May work up to 8 hours on a school day.
  • May work between 5:00 AM and 12:30 AM on any day with parent and school permission.
  • May work up to 48 hours per week.
  • Overtime pay is required for more than 40 hours.
  • Must attend 3 hours of ROP related instruction class per week.
  • Extended work permit must be revoked if student discontinues attending ROP related instruction.

WAGES

  • All minors, aged 12 through 17, must receive at least minimum wage (As of January 1, 2008, minimum wage is $8.00 per hour.).
  • Overtime pay must be paid for more than 40 hours worked in a week.

BREAKS & MEALS

  • Rest periods of at least 10 minutes must be provided during each 4 hours of work.
  • Meal periods of a least 30 minutes must be provided no later than 5 hours after the minor starts work.  This time must be accounted for on the time cards.

DANGEROUS AND HAZARDOUS OCCUPATIONS

  • Work permits are issued by the school district where the minor lives or attends school.
  • Minor picks up work permit application form from employer or work permit issuing office.
  • Minor completes top portion of application.
  • Employer completes all of the middle portion of application. (Statement of Intent to Employ a minor)
  • Employer must provide workman's compensation information (employer must not employ a minor not covered under employer's workers compensation policy).
  • Parent provides signature approving work.
  • Application is returned to work permit issuing office.
  • Work permit office verifies student and employer information, verifies student age, birth date, school attendance and student grade point average. (Could take from 2 to 4 days).
  • Work permit office issues work permit to minor for minor's signature.
  • Minor must pick up and sign the work permit in person.
  • Minor delivers completed work permit to employer. Work permit must remain available at work site for inspection as long as minor is an employee.
  • Minor must return original work permit to issuing office to obtain an amended or new work permit.

Source:  State of California Dept. of Industrial Relations/Labor Standards Enforcement and the U.S. Department of Labor.

State and Federal child labor laws some - times differ.  When both apply, the law with the more stringent standard must be observed.