Work Permit Handbook For California Schools

Transcription

1 Work Permit Handbook For California Schools Laws and Regulations Governing the Employment of Minors 2009 California Department of Education 1430 N Street, Suite 4503 Sacramento, CA

2 Table of Contents Introduction... 3 CHAPTER 1 4 Frequently Asked Questions... 4 Fair Labor Standards Act (FLSA) to School-Related Programs CHAPTER 2 16 Labor Law Charts MINORS UNDER AGE and 13-YEAR-OLDS and 17-YEAR-OLDS CHAPTER 3 30 Forms and General Remarks and Provisions Statement of Intent to Employ Minor and Request for Work Permit General Summary of Minors Work Regulations Codes Relating to the Employment of Minors Code Index Business and Professions Code California Code of Regulations, Title Community Classrooms Cooperative Vocational Education Continuation Education Independent Study Programs Provisions Unique to Charter Schools Destruction of Records of School Districts - Period of Retention California Code of Regulations, Title Apprenticeship Prohibited Occupations Employment of Minors in the Entertainment Industry Code of Federal Regulations, U.S. Department of Labor, Title California Education Code Family Code Labor Code Penal Code Vehicle Code APPENDIXES 273 APPENDIX A APPENDIX B APPENDIX C APPENDIX D

3 INTRODUCTION The issuance of work permits is a serious responsibility for California educators. This revised Work Permit Handbook is designed as a reference document for school personnel authorized in writing with the responsibilities of issuing work permits to minors. The handbook is a guide, and is not inclusive of all related laws and regulations. 3

4 CHAPTER 1 Frequently Asked Questions 1. Is a school always required to issue a Permit to Employ and Work (B1-4 form) to an eligible minor? No. It is solely within the discretion of the school district to determine whether a minor, who is still subject to the state s compulsory education laws, may obtain a work permit and, therefore, be employed to work. Each of the laws governing the issuance of work permits uses the word may, which is permissive, and, therefore, does not require that the permitted activity be performed. If the statutes had used the word shall, which is mandatory, then the school would not have discretion and would have to issue a permit to every eligible minor (California Education Code [EC] 49110, 49111, 49112, 49113, 49114, 49130). 2. Does a high school graduate, or a minor who has passed the California High School Proficiency Exam (CHSPE), need a work permit? No. Once a minor is no longer subject to the state s compulsory education laws, he/she is not considered a minor for purposes of the state s child labor laws and is not required to obtain a work permit (Labor Code [LC] ). California s compulsory school attendance law requires a person to attend school until he/she is 18 years of age, or has graduated from high school or has passed the high school proficiency examination. Federal law does not have a similar exception, and occupational restrictions may still apply. Under federal law, the employer would still need a certificate of age for the student when employing a high school graduate under 18 years of age. The school may issue a work permit as a certificate of age, but other forms of identification are also accepted as proof of age (EC 49114). 3. Can a minor have more than one work permit? Yes. A minor may work concurrently for more than one employer and, therefore, have more than one valid work permit. But, regardless of the number of employers and work permits, the total number of hours worked may not exceed the total number of hours allowed by law. 4. May a minor who is not a California resident, or not enrolled in the school district, be issued a work permit? Yes. The local school district may issue a work permit if the minor enters the attendance area from another state within ten (10) days, or less, before the end of the school term. The minor may be issued a permit to work full time because he/she is exempted from school attendance for the remainder of the school term (EC 48321). 4

5 The only requirement for work permit issuance is that the minor resides in the district that issues the permit. The minor does not have to be a California resident, or be enrolled in the school, or be living with parents, etc. (EC 49110). Any minor wishing to work in California must adhere to the state s work standards and regulations, even if not a permanent or full-time resident of California (LC 1286, 1299). 5. May a truant/dropout be issued a work permit? No. A truant/ dropout is in violation of California s compulsory school attendance laws, and a school district is not permitted to sanction violation of those laws by issuing a permit to work. A truant/ dropout is subject to arrest, and the parents are subject to criminal fines if the minor is found working without a work permit. 6. May an expelled minor be issued a work permit? Yes. The law does not prohibit issuing a work permit to an expelled minor. An expelled minor must be provided educational services. Options include, but are not limited to, community school, juvenile court school, another school district, etc. When the expelled minor enrolls in, and attends school, only the district in which the minor resides may issue -or refuse to issue- the work permit (EC 48915, , , 48926). 7. Is a parent/employer required to obtain a work permit for his/her child who works for the family business? Yes. Work permits are required for all minors employed in manufacturing, mercantile, or similar commercial enterprises (EC 49141). Exemptions are allowed for agricultural or domestic work performed on land that is owned, operated, or controlled by the parents when public schools are not in session (LC 1394). All regulations concerning hazardous occupations and other work forbidden to minors remain in effect for minor children working for their parents. 8. Does a parent/employer have to provide Workers Compensation Insurance for his/her children/employees? Yes. Workers Compensation Insurance must be provided for an employee, whether or not the employee/minor is the employer s child. Exceptions may be made for an employer who has been given permission by the Department of Industrial Relations to be self-insured (LC 3700). 9. Does an emancipated minor need a work permit to be employed? Yes. The only exception from child labor and compulsory school attendance laws enjoyed by an emancipated minor is that he/she may apply for a work permit without the parent s permission. An emancipated minor may sign, in place of the 5

6 parent, the Statement of Intent to Employ Minor and Request for Work Permit (B1-1 form) (Family Code [FC] 7050 [e][16]). An emancipated minor is defined in FC In the interest of expediency, may a school issue a blank permit to a minor and, when he/she secures employment, have the employer complete the necessary forms? No. A school may never issue a blank work permit. The fully completed Statement of Intent to Employ Minor and Request for Work Permit (B1-1 form) must be returned to the school district (EC 49162, 49163). Only the school district has discretion to issue a work permit and the district s lawfully authorized agent (EC 49110) must complete all conditions as to its issuance. 11. Must a public school or other governmental agency require a work permit for an employee/minor? No. It is the position of the California Division of Labor Standards Enforcement that the state s Labor Code does not apply to a state or local agency, unless the agency is expressly included in the statute. The child labor statutes do not expressly include state or local agencies. State and local agencies are subject to the federal Fair Labor Standards Act (FSLA), and must follow all its child labor provisions, including having a certificate of age to verify permissible employment. Contact the Wage and Hour Division of the U.S. Department of Labor for further information. 12. How can it be determined whether or not a minor is an independent contractor or an employee? An independent contractor is a worker who contracts with a business to perform a specific type of work, usually for a limited amount of time. An employee is an individual who is suffered or permitted to work. There are many factors used by the Labor Commissioner to establish an independent contractor status. Those factors include, but are not limited to: control of work conditions and schedules training integration where work is done investment in facilities or equipment working for more than one firm supervision pay hours of work order of tasks work supplies business distinct from employer For determination of independent contractor vs. employee status, contact the local office of the Industrial Relations Department, Labor Standards Enforcement Division. 6

7 13. Who may issue work permits? EC specifies that only the following persons may issue work permits: Superintendent of any local public school district in which any minor resides; or Superintendent of county schools, if the minor resides in a portion of a county not under the jurisdiction of the superintendent of a school district; or Person holding a services credential with a specialization in pupil personnel services authorized, in writing, by the superintendent; or Work Experience Education teacher/coordinator (WEE coordinator) authorized, in writing, by the superintendent; or Person authorized, in writing, by the superintendent if the designated person is not available, and delay in issuing a permit would jeopardize the ability of the pupil to secure work; or Person authorized, in writing, to issue work permits if the superintendent is absent from the district, and the district does not employ a person holding the necessary credential or a WEE coordinator. The Division of Labor Standards Enforcement (DLSE) issues all entertainment industry permits. Inquiring parents or employers must be referred to the nearest DLSE office. 14. May a private school issue work permits to its students? Yes. At the discretion of the superintendent of the public school district, a private school may be authorized, in writing, to issue work permits for its students. The person authorized to issue work permits must be knowledgeable about federal and state labor laws affecting minors and the work permit issuance process (EC 49110). 15. Can a work permit be issued by the public school to a pupil who attends a private school located within the school district boundaries, even though the pupil is not a resident of the school district? Yes. The California Department of Education (CDE), Deputy General Counsel s office, has found that, pursuant to written authorization from the superintendent of the public school district, a work permit may validly be issued for such a pupil. 7

8 Further, the findings indicated that the intent of EC and was not to restrict, on the basis of legal residence, the authority to issue work permits, but rather to consider the school district in which the pupil attends school. 16. Can the local school issue a work permit for a child who is under school age? No. A child under school age is probably being employed in the entertainment industry. In such a case, the child s work permit must be issued through the Department of Industrial Relations, Department of Labor Standards Enforcement. 17. What process should be followed to issue a Permit to Employ and Work (B1-4 form)? The minor/student, after obtaining a promise of employment, must obtain the Statement of Intent to Employ Minor and Request for Work Permit (B1-1 form) from the school/school district. The minor must complete the minor section, request that the employer and parent/legal guardian complete their sections (making certain to obtain both required signatures), and then return the completed form to the appropriate school authority. The school authority must verify the minor/student s date of birth and the type of work permit to be issued. If all requirements are met, the work permit issuing authority may issue the Permit to Employ and Work (B1-4 form). At the discretion of the local school district, there may be additional requirements for the issuance of a work permit. For instance, the school district may have a policy requiring the minor to maintain a 2.0 grade point average (GPA). In such a case, the work permit issuing authority would need to verify the student s GPA. Another policy might require the minor to exhibit his/her social security card for verification by the school authority. Other local policies should be verified through the work permit issuing authority. 18. Must the work permit issuing authority use only school records to verify the date of birth on the Work Permit Application (B1-1 form)? No. In lieu of school records, the date of birth may be verified by using a birth certificate or a passport. When there are no available official documents, an affidavit by the parents/legal guardian may suffice (EC 49133). If not using school records, a photocopy of the age verification document should be attached to the school s copy of the work permit. 8

9 19. May a work permit be issued for a minor who is being home schooled? In other words, when a non-credentialed parent is teaching his/her own child using a correspondence course or other type of course, may the child be issued a work permit? No. Home schooling is not authorized to issue work permits in California. But, there are five (5) options, any of which may be used as a substitute in place of local school attendance: 1. Private Tutoring: A person must have a valid California teaching credential for the grade level being taught. The credentialed tutor (may be a parent) must provide instruction in all the branches of study required in the public schools during at least three (3) hours per day, between 8:00 a.m. and 4:00 p.m. on at least 175 days per calendar year, and in the English language. 2. Private Full-Time Day Schools: Must instruct students in all the branches of study required of the public schools. 3. Independent Study Program: Based on a written agreement, the student follows the school district s course of study, and the student and his/her work is supervised by a credentialed employee of the district in which the student is enrolled. 4. On-Line Learning: The student must have access to an internet connection and a computer, and be enrolled in a California based on-line learning facility and be located on the California Department of Educations School Directory. 5. Distant Learning: Students do not attend courses or regular classes at a particular educational institution location. Academics available through course material and assessments are mailed to the student. The student shall be enrolled in a California based learning facility and be located on the California Department of Educations School Directory. If the parent utilizes one of the options above, provides instruction at home, and if a work permit is issued, the local public school schedule and work standards must be followed. 20. Is home school the same as a private school? No. There are specific factors that differentiate between a home school and a private school. The private school: Is a business, 9

10 Must meet local zoning regulations, Must have a business license, Must advertise, Must be open to the public, and Must charge a reasonable tuition The filing of a Private School Affidavit does not automatically transform a home school into a private school, nor does the use of a correspondence course of study. 21. Does the school have any discretion to limit the minor s work activity? Yes. As a condition of issuance, the local school/school district may reduce maximum work hours, and impose additional occupational restrictions not specified in statute or regulation. The work permit issuing authority does not have discretion to extend hours beyond the maximum specified in statute, or waive any occupational restrictions specified in statute or regulation. During the school year, 16 and 17-year-olds are permitted to work up to 48 hours a week (LC 1391). Most schools, however, impose a weekly limit that ranges between 20 and 36 hours per week while school is in session. (See charts in Chapter 2) 22. When school is in session, sixteen and seventeen-year-olds are permitted to work up to 48-hours a week; four hours on school days; and eight hours on nonschool days, and days preceding a nonschool day. Can 16 and 17-year-olds actually work 48 hours in a week while school is in session? Yes. Federal law defines a week that school is in session as a week in which school is scheduled for one day. An example might be the week during which Thanksgiving is celebrated. A school might be in session only on Monday and Tuesday. The minor could work eight hours per day on Tuesday (day preceding a nonschool day), Wednesday, Thursday, Friday, Saturday, and Sunday. Monday would be the day off. In that example, the student would have worked 48 hours while school was in session (EC 49112, 49116; LC 1391). 23. Can a 14 or 15-year-old work during the school day? No. A 14 or 15-year-old is limited to 18 hours per week when public school is in session. All work hours must be outside the scheduled public school day. An exception is made for students enrolled in WEE or career exploration programs, who may work up to 23 hours per week and, if appropriate, during the hours school is in session. (See charts in Chapter 2) 10

11 24. What is a school day, and what does school in session mean? A minimum school day in any high school (specific exemptions below) or junior high school is defined as any day in which the minor is scheduled to attend school for 240 minutes. Anything less does not qualify as a school day and work hours may be increased on such days, even though the minor receives instruction on that day (EC 46141, 46142). Exemptions to the 240 minute standard are for evening high school, a regional occupational center, an opportunity school and in opportunity classes, a continuation high school, in continuation classes, in late afternoon or Saturday occupationally organized vocational training programs conducted under a federally approved plan for vocational education, and for students enrolled in an approved WEE Program (EC 46141). Continuation high schools are required to have a 180-minute school day. Independent study programs are defined instructionally in the California Education Code, but there are no regulations concerning seat time. State law has no definition of school in session but the federal government defines the term as any week in which the public school for the county is in session for at least one day. Private schools must also adhere to public school calendars, hours that school is in session, regulations and related labor laws when issuing work permits. 25. How long do copies of work permits have to be retained? The school district must retain a copy of the Work Permit Application (B1-1 form) and the Work Permit (B1-4 form) until the end of the fourth year after the work permit was issued. Those files may be retained on a computer disk(s) which, if requested, can be printed for examination (California Code of Regulations, Title 5 [5 CCR] 16026). The employer must retain the minor s work permit until the beginning of the fourth year after the permit was issued (LC 1174, 1299). 26. Does a minor working in a restaurant attached to a casino on an Indian Reservation need a work permit? There is no definitive answer to this question. Each situation must be dealt with on a case-by-case basis. Questions regarding this issue include: Who has jurisdiction (State/Federal)? Is the casino run by the tribe, or an outside entity? Who is the employer? 11

12 Is the work area restricted to the restaurant, or do the minors serve meals in the casino? Is the restaurant distinctly separate from the casino (e.g., separated by a door), or is it part of the gaming area? Contact your regional office of the California Division of Labor Standards Enforcement with questions about specific situations. 27. Can an entry-level employee be paid less than the minimum wage? Yes. The Industrial Welfare Commission Orders of 2001 state that employees during their first one hundred sixty (160) hours of employment in occupations in which they have no previous similar or related experience, may be paid not less than eighty-five percent (85%) of the minimum wage rounded to the nearest nickel. Effective January 1, 2008, the minimum wage in California is $8.00 per hour. There are some employees who are exempt from the minimum wage law, such as outside salespersons, individuals who are the parent, spouse, or child of the employer, and apprentices regularly indentured under the State Division of Apprenticeship Standards. There are also exceptions for employees who are mentally or physically disabled, or both, and for nonprofit organizations, such as sheltered workshops or rehabilitation facilities, that employ disabled workers. Such individuals and organizations may be issued a special license by the Division of Labor Standards Enforcement authorizing employment at a wage less than the legal minimum wage (LC 1191 and ). 28. When is a student considered a trainee or a volunteer, not an employee? The Fair Labor Standards Act (FLSA) applies to any person involved in an employer-employee relationship. The FLSA is administered by the U. S. Department of Labor, Wage and Hour Division, with respect to private employment, state and local government employment, and other agency employment. The mere knowledge by an employer of work done for him/her by another is sufficient to create the employment relationship under the FLSA. The U.S. Department of Labor has always considered work performed as part of an evaluation or training program to be compensable. Whether a trainee or student is an employee under the FLSA will depend on all of the circumstances surrounding the activities on the premises of the employer. There are three circumstances under which a student is not required to be paid: trainee, volunteer, and in-school placement. 12

13 Trainee If all six of the following criteria apply, the trainee/student is NOT an employee within the meaning of the FLSA: 1. The training, even though it includes actual operation of the facilities of the employer, is similar to that which would be given in a vocational school (i.e., a curriculum is followed and the student is under continued and direct supervision either by representatives of the school or by employees of the business); and 2. The training is intended to benefit the trainee/student rather than to meet the labor needs of the business; and 3. The trainee/student does not displace a regular employee, does not fill a vacant position, does not relieve an employee of assigned duties, and does not perform services that, although not ordinarily performed by employees, clearly are of benefit to the business; and 4. The employer that provides the training derives no immediate advantage from the activities of the trainee/student and, on occasion, the employer s operations may actually be impeded; and 5. The trainee/student is not necessarily entitled to a job at the conclusion of the training period; and 6. The employer and the trainee/student understand that the trainee/student is not entitled to wages for the time spent in training. Examples of unpaid training include: In a hospital the student job-shadows a nurse following and observing. In a supermarket the student does simulated work with other students and/or the teacher: rings-up baskets of groceries, makes change, learns assorted transactions and returns groceries to the shelves. In an office the student enters worthless data on a company computer that is not used to conduct business. Volunteer Commercial businesses may never legally utilize unpaid volunteers. An individual may serve as unpaid volunteer for public service, religious or humanitarian objectives. Typically authorized volunteer sites include established volunteer programs operated by charitable nonprofit organizations, governmental agencies, hospitals, and 13

14 nursing homes. A student may be provided opportunities to participate in meaningful educational activities or programs. For example, a student may choose to assist with school fundraisers, deliver meals to the homebound, visit patients in nursing homes, or solicit contributions. A student may be considered to be a volunteer within the meaning of the FLSA if the intent is clearly to donate his/her services for the public good. A person employed by a religious, charitable, governmental, or nonprofit organization is not allowed to volunteer the same type of services (any activity directly related to the job) during the weeks employed. Examples of volunteers: The student chooses to participate voluntarily at the city s established zoo volunteer program. The student volunteers as a Candy Striper to donate some spare time to helping patients in a hospital. In-School Placement As part of the overall educational program, schools may permit or require a student to engage in various school-related work programs, within the school district, conducted primarily for the benefit of the student for periods of no more than an hour per day (or an equivalent amount of overall time). Examples of in-school placement: The student helps in the school lunchroom for periods of 30 minutes to one hour per day. The student performs minor clerical work in the school office or library. 14

15 Application of the Fair Labor Standards Act (FLSA) to School-Related Programs Do students have to be paid? Do FLSA child labor laws apply? With respect to the individual student s placement at a business establishment, do all of the following criteria apply? 1. The training, even though it includes actual operation of the employer s facilities, is similar to that which would be given in a vocational school (i.e., a curriculum is followed and the student is under continued and direct supervision either by representatives of the school or by employees of the business. 2. The training is for the benefit of the trainee or student; such placement is not made to meet the labor needs of the business. 3. The trainee or student does not displace a regular employee, does not fill a vacant position, does not relieve an employee of assigned duties, and does not perform services that, although not ordinarily performed by employees, clearly are of benefit to the business. 4. The employer providing the training derives no advantage from the activities of the trainee or student and, on occasion, the employer s operations may actually be impeded. 5. The trainee or student is not necessarily entitled to a job at the conclusion of the training period. 6. The employer and the trainee or student understands that the trainee or student is not entitled to wages for the time spent in training. YES YES YES YES YES YES NO NO NO NO NO NO YES to all six criteria: The individual student is NOT an employee within the meaning of the FLSA. Wages are not required. NO to any of the six criteria: Either the business or the school system must compensate the student worker; both parties are jointly responsible for compliance with labor laws. 15

16 CHAPTER 2 Labor Law Charts The following pages contain charts that outline state regulations concerning the employment of minors. These charts were printed in California Child Labor Laws, 2000, a publication of the California Department of Industrial Relations, Division of Labor Standards Enforcement ( [Outside Source]). The charts are only summaries. Special rules or regulations may not be included in these charts. For more information regarding California labor laws, the reader should consult the Department of Industrial Relations, Division of Labor Standards Enforcement. For more specific information concerning federal regulations and the Federal Labor Standards Act (FLSA), contact the U.S. Department of Labor, Wage and Hour Division. 16

17 MINORS UNDER AGE 12 CALIFORNIA LAW FEDERAL LAW School Attendance Must attend school full-time. State law applies. Permits to Work and to Employ Not permitted to work, except in the permit Certificate of age required. (State suffices) entertainment industry on permits issued by the Labor Commissioner. Hours of Work and Spread of Hours Maximum Work Hours: May not be employed in firms subject to Daily: 8 hours the FLSA, except for certain agricultural Weekly: 40 hours firms. Spread of Hours: No earlier than 7 a.m., no later than 7 p.m. (June 1 through Labor Day until 9 p.m.). See California Child Labor Laws 2000 for entertainment industry employment regulations. Wages Must be paid at least the wage rates required by the Industrial Welfare Commission. Exceptions: Parents/legal guardians and personal attendants (which include babysitting and companionship services) are exempt from minimum wage and overtime requirements. Exemptions Any self-employed minor; news carriers self-employed on a regular route to deliver newspapers to consumers (news carriers must be at least 12 years of age); casual work in private homes such as babysitting, lawn mowing, leaf raking, etc.; Employment by parent/legal guardian in domestic labor on or in connection with premises the parent/legal guardian owns, operates or controls. Must be paid at least the wage rates required by the FLSA. Exceptions: Casual babysitting (less than 20 hours per week) and companionship services. Subminimum rates available only under a special federal certificate and must comply with state child labor standards. FLSA's child labor provisions do not apply to: (1) child actors or performers in motion pictures, theatrical, radio or television productions; (2) news carriers; (3) children employed as home workers for production of holly and evergreen wreaths, including harvesting of forest products for such wreaths; and, (4) most domestic service. NOTE: Parent/legal guardians may employ their minor children under 16 in any occupation except mining or manufacturing, or in occupations declared hazardous in federal regulation for minors under 18 (See chart for 16 and 17-yearolds.) 17

18 Agriculture May only work for parent/legal guardian on, or in connection with, premises the parent owns, operates, or controls. No permit is required, and no occupational restrictions apply, except that the minor may not work during school hours, even if under school age. May not be employed in, or accompany parent/legal guardian into an "agricultural zone of danger," which includes: water hazards, chemicals, moving equipment, or any agricultural occupation prohibited to minors under 16, unless activities are on, or in connection with premises the parent/legal guardian owns, operates, or controls. Occupational Restrictions May not be employed in any occupation requiring a work permit, except employment in the entertainment industry on a permit issued by the Labor Commissioner. Irregular odd jobs, such as baby-sitting in employers households do not require a work permit. Such jobs may not involve any hazardous duty. May be employed on farms owned or operated by the parent or person standing in place of the parent. Must be employed outside the school district's regular school hours. May not be employed in occupations declared hazardous in federal regulation for minors under 16 in agriculture (See chart for 14 and 15-year-olds). May not be employed in firms subject to the FLSA, except for certain agriculture firms. 12-year-olds are not eligible for enrollment in Work Experience Education (WEE) programs. 18

19 12 and 13-YEAR-OLDS CALIFORNIA LAW FEDERAL LAW School Attendance Must attend school full-time, unless a high State law applies. school graduate or equivalent. Permits to Work and to Employ Required, unless a high school graduate or equivalent. Permits may be more restrictive than minimum statutory standards. Hours of Work May be employed only on non-school days. Maximum Hours: Daily: 8 hours Weekly: 40 hours Maximum daily and weekly work hours during school year are not expressed in statute. See text. Spread of Hours: 7am - 7pm (9pm June 1 through Labor Day) High school graduates may work the same hours as adults. See text for entertainment industry employment. Wages Must be paid at least wage rates required by the Industrial Welfare Commission. Exceptions: Parents/legal guardians and personal attendants (which include babysitting and companionship services) are exempt from minimum wage and overtime requirements. Certificate of age required. (State permit suffices.) May not be employed in firms subject to the FLSA, except certain agricultural firms. Must be paid at least the wage rates required by the FLSA. Exceptions: Casual babysitting (less than 20 hours per week) and companionship services. Subminimum rates available only under a special federal certificate and must comply with state child labor standards. 19

20 Occupational Restrictions May be employed as: personal attendants, in household occupations, or as news carriers. In the entertainment industry on permits issued by the Labor Commissioner. May not be employed, or permitted to work: In occupations permitted only to minors who are at least 14 years old. (See chart for 14 and 15-year-olds.) In any hazardous occupation prohibited to minors under sixteen. (See chart for 14 and 15- year-olds.) In any hazardous occupation prohibited to 16 and 17-year-olds. (See chart for 16 and 17-year-olds.) Or enrolled in a WEE program. Exemptions No permits required for: any self-employed minor; news carriers self-employed on a regular route to deliver newspapers to consumers (news carriers must be at least 12 years of age); irregular odd jobs in private homes such as babysitting or yard work; employment by parent/legal guardian in domestic labor on, or in connection with premises the parent/legal guardian owns, operates or controls. NOTE: Parents/legal guardians may not employ their minor children in manufacturing, mercantile or other enterprises without work permits. Except as noted, parent employers are subject to all occupational restrictions. Agriculture May not be employed in any occupation declared hazardous in federal regulation to minors under 16 in agriculture, or in any occupation determined by state law or regulation to be hazardous. Minors' work performed on premises the parent/legal guardian owns, operates, or controls, requires no permit and has no occupational or work hour limitations, except that work may not be performed during school hours. Must be paid the wage rates provided in May not be employed in firms subject to the FLSA, except certain agricultural firms. FLSA's child labor provisions do not apply to: (1) child actors or performers in motion pictures, theatrical, radio or television productions; (2) news carriers; (3) children employed as home workers for production of holly and evergreen wreaths, including harvesting of forest products for such wreaths; and, (4) most domestic service. NOTE: Parents/legal guardians may employ their minor children under 16 in any occupation except mining or manufacturing, or in occupations declared hazardous in federal regulation for minors under 18. (See chart for 16 and 17-yearolds.) May be employed on farms owned or operated by the parent or person standing in place of the parent. Must be employed outside the school district's regular school hours. May be employed outside school hours with parent/legal guardian's written consent or on the same farm employing the parent/legal guardian. May not be employed in occupations declared hazardous in federal regulation for minors under 16 in agriculture (listed in the chart for 14 and 15-year-olds). 20

21 the applicable IWC Order. Parents exempt from wage payment requirements. May not be employed in occupations declared hazardous in federal regulation for minors under 16 in agriculture (listed in the chart for 14 and 15-year-olds). 21

22 14 and 15-YEAR OLDS CALIFORNIA LAW FEDERAL LAW School Attendance Must attend school full-time, unless a high State law applies. school graduate or equivalent. Permits to Work and to Employ Required unless a high school graduate or equivalent. Permits may be more restrictive than minimum statutory standards. Certificate of age required. (State permit suffices.) Hours of Work Maximum Work Hours: School NOT in Session: Daily: 8 hours. Weekly: 40 hours. School IN Session: Daily: 3 hours on a school day, 8 hours on a non-school day; Weekly: 18 hours, but all hours must be outside school hours. 5 hours per day as sports attendant; WEE Program enrollees may work up to 23 hours per week, any portion of which may be during school hours. Spread of Hours: 7 a.m. - 7 p.m. (9 p.m. June 1 through Labor Day). High school graduates may be employed for same hours as adults. See text for entertainment industry employment. Wages Must be paid at least wage rates required by the Industrial Welfare Commission. Exceptions: Parents/legal guardians, and personal attendants (which include babysitting and companionship services) are exempt from minimum wage and overtime requirements. Must be paid at least the wage rates required by the FLSA. Exceptions: Casual babysitting (under 20 hours per week) and companionship services. Subminimum rates available only under a special federal certificate and must comply with state child labor standards. Occupational Restrictions May be employed in: occupations expressly permitted in retail, food service, and gasoline service establishments; office and clerical work; cashiering, selling, modeling, art work, advertising, window dressing, comparative shopping; price marking and tagging, assembling orders, packing and shelving; bagging and carry-out; errands and deliveries by foot, bike, or public transportation; clean-up work (may use vacuums and floor waxers, but not power mowers or cutters); kitchen work for the preparation and serving of food and beverages (may use machines such as dishwashers, toasters, dumbwaiters, popcorn poppers, coffee grinders, milkshake blenders); cleaning, packing, wrapping, labeling, weighing, pricing, and stocking vegetables and fruits. Cooking is prohibited unless performed in plain view of customers, and if it is not the sole duty. In office or clerical work in transportation, warehousing and storage, communications and public utilities, and construction, if such work is not performed on trains, motor vehicles, aircraft, vessels, or any other form of transportation or at a construction site. 22

23 In any other occupation not prohibited to this age group by state or federal law or regulation. May not be employed, or permitted to work in: any occupation declared hazardous in federal regulation for 16 and 17-year-olds (See chart for that age group); or in occupations in mining, manufacturing, or processing including any duties in related workrooms; or in occupations involving hoisting apparatuses, power-driven machinery, operation of motor vehicles or as helpers on vehicles, public messenger service; or in any occupation, except clerical as described above, involving the transportation of persons or property by any means, warehousing and storage, communications, public utilities, construction (including demolition and repair); or in occupations in the gasoline, retail, or food service industries involving maintenance or repair of the establishment, machines, or equipment; work in, or about boiler or engine rooms; operating or maintaining food slicers grinders, choppers, or bakery mixers; outside window washing from window sills or any work on scaffolds, ladders, etc.; cooking, except at lunch counters, snack bars etc.; any work in freezers or meat coolers; or loading or unloading from trucks, railcars, or conveyors. Solely under state law, may not be employed or permitted to work: In door-todoor sales of newspapers or magazine subscriptions, candy, cookies, flowers or other merchandise door-to-door unless: Minors work in pairs as a team; One adult supervisor for 10 or fewer minors; Within sight or sound of the supervisor once every 15 minutes; Returned to home or rendezvous point daily; Work performed within 50 miles of minor's residence; Employer, transporter, supervisor registered with DLSE if work over 10 miles from minors' home. In any occupation determined to be hazardous in state law or regulation, including for example: Any business, exhibition, or vocation injurious to the health or dangerous to the life or limb of the minor. (LC 1308[a][1]) Construction work of any kind including work on any scaffolding. Delivering goods, packages, papers (except newspapers), etc. from motor vehicles. Gas station work, except duties listed above. See federal list, opposite side. Machine-related duties including any occupation in close proximity to moving machinery or hazardous or unguarded belts or gearing or in proximity 23 Under federal regulation, may be employed: In any gas station to dispense gas and oil, perform courtesy service, or clean, wash, or polish cars. NOTE: Under state law, minors must be at least 16 to perform these activities. May not be employed: In any gas station in work that involves the use of pits, racks, or lifting apparatuses, or the inflation of any tire mounted on a rim equipped with a removable retainer ring. NOTE: Under state law, minors must be at least 18 to perform these activities. (Under both state and federal law, minors must be at least 16 to perform maintenance or repair on machines of any kind, such as automobiles, but does not include any work on with machines prohibited to 16 and 17-year-olds).

24 to functioning parts of unguarded or dangerous moving equipment. Minors may not adjust or repair belts or oil, wipe, or clean machinery or assist in these activities. Machines-operation or assistance involving, for example, machines for laundry or washing; mixing or grinding; paper cutting, power punching or shearing, wire or iron straightening; corrugating rolls; calendar rolls in paper and rubber manufacture; paper cutting; leather burnishing; stamping leather, paper, and washer and nut manufacture; steam boilers, metal and woodworking; and drill presses or printing presses of any kind. Manufacturing of any kind, including industrial homework. Manufacture or use of dangerous dyes, gases, or use of dangerous acids, or manufacture or packing of paints, colors, tobacco, or lead. On any vessel or boat engaged in navigation or commerce within state's jurisdiction. In close proximity to vessels or aircraft or functioning blades or propellers. Any wandering, mendicant, or begging business. In any activity in or on that portion of an establishment primarily designed for on-site consumption of alcohol. To sell alcoholic beverages for offsite consumption unless constantly supervised by a person 21 or older. To sell lottery tickets, unless constantly supervised by a person 21 or older. NOTE: This is a partial list. See text. Compliance with these standards does not justify noncompliance with any occupational prohibition for 16 and 17- year-olds. Exemptions No permit required for: Any self-employed minor; news carriers self-employed on a regular route to deliver newspapers to consumers (news carriers must be at least twelve years of age); irregular odd jobs in private homes such as babysitting, lawn mowing, leaf raking, etc.; employment by parent/guardian in domestic labor on or in connection with premises the FLSA's child labor provisions do not apply to: (1) child actors or performers in motion pictures, theatrical, radio or television productions; (2) news carriers; (3) children employed as home workers for production of holly and evergreen wreaths, including harvesting of forest products for such wreaths; and, (4) most domestic service. NOTE: Parents/legal guardians may 24

25 parent/guardian owns, operates or controls. NOTE: Parents/legal guardians may not employ their minor children in manufacturing, mercantile or any other enterprises without work permits. Except as noted, parent employers are subject to all occupational restrictions that affect other employers. employ their minor children under 16 in any occupation except mining or manufacturing, or in occupations declared hazardous in federal regulation for minors under 18 (See chart for 16 and 17-yearolds.) Limited Exemption: Training in some otherwise restricted occupations (but not in any occupation declared hazardous in federal regulation for minors under 18) permitted in bona fide WEE programs with a valid permit. Also see Hours of Work for these training programs. Agriculture May be employed with a permit on nonschooldays, and on schooldays during non-school hours. Under state law, work hours that apply to 14 and 15-year-olds generally also apply when they are employed in agriculture. Must be paid at least the minimum wage rates provided in the applicable IWC Order. Parents/legal guardians exempt from wage payment requirements. When work is performed on premises owned, operated, or controlled by the parents/legal guardian, no permit is required and there are no hour limitations during the time public schools are not in session. Minors may not work at such occupations while the public schools are in session. May not be employed, or permitted to work in the occupations declared hazardous for all other minors under 16. May be employed outside school hours only. Parent/legal guardian permission not required. May not be employed or permitted to work in agricultural occupations declared hazardous in federal regulations for minors under 16; operating a tractor of over 20 PTO horsepower, or connecting or disconnecting an implement or any of its parts to or from such a tractor. Operating, or assisting to operate (including starting, stopping, adjusting, feeding, or any other activity involving physical contact associated with the operations) any of the following machines: Corn picker, cotton picker, grain combine, hay mower, forage harvester, hay baler, potato digger, or mobile pea viner; Power post-hole digger, power post driver, or non-walking type rotary tiller. Operating or assisting to operate (including starting, stopping adjusting, feeding or any other activity involving physical contact associated with the operation) any of the 25

26 following machines: Trencher or earthmoving equipment; Forklift; Potato combine; or Power-driven circular, band or chain saw. Working on a farm in a yard, pen, or stall occupied by a: Bull, boar, or stud horse maintained for breeding purposes; or Sow with suckling pigs, or cow with newborn calf (with umbilical cord present). Working from a ladder or scaffold (painting, repairing, or building structures, pruning trees, picking fruit, etc.) from a height of over 20 feet. Driving a bus, truck or automobile when transporting passengers or riding on a tractor as a passenger or helper. Working inside: A fruit, forage, or grain storage designed to retain an oxygen deficient or toxic atmosphere; An upright silo within two weeks after silage has been added or when a top unloading device is in operating position; A manure pit; or A horizontal silo while operating a tractor for packing purposes. Handling or applying (including cleaning or decontaminating equipment, disposal or return of empty containers, or serving as a flagman for aircraft applying agricultural chemicals classified under Federal Insecticide, Fungicide, and Rodenticide Act (7 USC 135 et seq.) as Category I of toxicity, identified by the word, "poison," and the "skull and crossbones" on the label; or Category II of toxicity, identified by the word, "warning," on the label; Handling or using a blasting agent including but not limited to dynamite black powder, sensitized ammonium nitrate, blasting caps, and primer cord; or Transporting, transferring, or applying anhydrous ammonia. Limited Exemptions: Training in some occupations permitted in bona fide training programs. See text. Sports Attendance May be employed in sports-attending services at professional baseball games until 10:00 p.m. on any night preceding a school day, or until 12:30 a.m. on any night preceding a non-school day. May work up to 5 hours a day, up to 18 hours per week as a sports attendant when school is in session. May work up to 8 hours a day, or a maximum of 40 hours per week when school is not in session. 26

27 16 and 17-YEAR-OLDS CALIFORNIA LAW FEDERAL LAW School Attendance Not required if a high school graduate or State law applies. has a certificate of proficiency. If regularly employed, and not a high school graduate, or does not have a certificate of proficiency, must attend continuation school at least 4 hours per week. When not regularly employed, and not a high school graduate, or does not have a certificate of proficiency, must attend continuation school 15 hours per week. Permits to Work and to Employ Required unless a high school graduate or equivalent. Permits may be more restrictive than minimum statutory standards. Hours of Work Maximum Work Hours: Daily: 8 hours on non-school days; 4 hours on a school day. "School day" means equal to or greater than 4 hours required attendance. 5 hours per day as sports attendant Weekly: 48 hours. NOTE: Part-time students may work during the regular school hours of the school district, but such work may not interfere with their part-time schooling requirements. No exceptions to minimum work hour standards may be granted for these minors. Spread of Hours: 5 a.m. 10 p.m. (12:30 a.m. on days preceding a non-school day). Exceptions: WEE enrollees may work until 12:30 a.m. on any day with approval. Messengers: 6 a.m. 9 p.m. only. High school graduates may be employed for the same hours as an adult. See text for entertainment industry employment. Certificate of age required. (State permit suffices.) 27