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

28 Wages Must be paid at least the minimum wage established by the Industrial Welfare Commission. Must receive any applicable overtime pay. Exceptions: Parents/legal guardians and personal attendants (which include babysitting and companionship services) are exempt from minimum wage and overtime requirements. WEE enrollees must be paid at least the adult minimum wage for any work performed between 10 p.m. and 12:30 a.m. High school graduates must be paid commensurate with adults. Must be paid at least the federal minimum wage. Must be paid overtime after 40 hours in a week. 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 not be employed, or permitted to work in any occupation declared hazardous in federal regulations for persons under 18: Manufacturing and storing explosives (including small arms ammunition); motor vehicle driving and outside helper; logging and sawmilling; power-driven woodworking machines; power-driven circular saws, band saws, and guillotine shears; power-driven hoisting apparatuses (including forklifts); roofing, excavation; wrecking, demolition, and ship breaking operations; power-driven metal-forming, punching, and shearing machines; slaughtering, or meat-packing, processing or rendering; power-driven bakery machines; power-driven paper-products machines; manufacturing brick, tile, and kindred products; coal mining; mining other than coal mining; and exposure to radioactive substances. Solely under state law, may not be employed: In gas stations, in any work using pits, racks, lifting apparatuses, or inflating any tire mounted on a rim with a removable retaining ring. 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. 28

29 Exemptions No permits require for: Any self-employed minor; news carriers; and irregular odd jobs in private homes such as baby-sitting, yard work, etc. Employment by parent/legal guardian in domestic labor on or in connection with premises the parent/guardian owns, operates or controls. NOTE: Parents/legal guardians may not employ their minor children in manufacturing, mercantile or other enterprises without work permits. Parent employers subject to all occupational restrictions. Persons under 18, who are high school graduates, and who have completed a bona fide training program in a hazardous occupation may be employed in that occupation. NOTE: Parents/legal guardians may not employ their children in occupations declared hazardous in federal regulation for minors under 18. Limited Exemptions: Training in bona fide WEE and apprenticeship training programs. Student learners and apprentices (who must be at least 16 years of age); may be trained within specified limits in otherwise prohibited occupations involving: powerdriven woodworking machines; power-driven metal-forming, punching, and shearing machines; slaughtering or meat-packing and processing; power-driven paper-products machines; power-driven circular saws, band saws, and guillotine shears; roofing; and excavation. Training not available in any other occupations prohibited to minors under 18. Agriculture Work hours same as all other minors, except that minors employed in an agricultural packing plant may work up to ten hours on any non-school day during the peak harvest season, under a special extension granted to the employer by the Labor Commissioner. 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 the applicable IWC Order. Parents/legal guardians exempt from wage payment requirements. No work hour or occupational limitations. Sports Attendants 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 48 hours per week when school is not in session. Wherever state and federal standards overlap or appear to contradict, the more protective standard always applies. 29

30 CHAPTER 3 Forms and General Remarks and Provisions Forms Required for the Employment of Minors The local school district is responsible for printing the forms required for the employment of minors. Masters of these forms can be obtained from the California Department of Education, Work Experience Education web-site or the appendix of this handbook, or through privately sold software. Two forms are required: 1. Statement of Intent to Employ Minor and Request for Work Permit (B1-1 form) (Rev. 12/05) 2. Permit to Employ and Work (B1-4 form) (Rev. 06/01) Traditionally, but not required by statute, the B1-1 form is printed on green paper, and the B1-4 is printed on white paper; both on 8 ½ X 11 paper. Work regulation summaries should be printed on the reverse of the B1-1 and the B1-4 forms. General Regulations The following information is general and applies to the employment of minors: The B1-1 form must be filled in completely, including the signatures of employer and parent/legal guardian. The B1-4 form may be issued only when the completed B1-1 form is on file with the school/school district. Permits are issued for specific employers. Each time a student/minor changes employers, a new permit must be issued. If a student works at two jobs, both jobs together may not total more than the legal number of hours specified for his/her age group and circumstance. A day of rest from work is required if the total hours employed per week exceeds 30, or if more than 6 hours are worked on any one day during the week. If the state and federal laws are not the same, the higher standard (the provision that gives the most protection to employees) applies. School districts may set limits on daily and weekly hours worked that are more restrictive than those reflected in state and federal regulations. 30

31 Potentially Unsafe Environment In some instances, a minor may be working in an environment that has the potential for injury to the minor. In other words, the job tasks themselves are not dangerous or hazardous, but an unsafe environment could exist. For instance, a car wash in which the minor s responsibilities are to only wash windows and dry cars by hand; not to use the power machines. In such a case, the work permit issuing authority is strongly urged to include wording in the Remarks section of the B1-4 form, Permit to Employ and Work, calling attention to the possibility that the environment could be hazardous for the minor. This work permit is issued for the specific work duties as indicated on the Statement of Intent to Employ Minor and Request for Work Permit. The employer must be aware that the work environment could, unknowingly, cause the minor to be exposed to dangerous and/or hazardous situations or equipment. It is the employer s responsibility to provide adequate supervision to maintain a safe working environment for the minor. 31

32 Statement of Intent to Employ Minor and Request for Work Permit Not a work permit Print all information except signatures For Minor to Complete Minor s name (last name first) Social security number Date of birth Age Grade Street address City ZIP Code Home telephone School name Street address City ZIP Code School telephone For Employer to Complete (Please review rules for employment of minors on reverse.) Name of business Street address City ZIP Code Business telephone Minor s work duties Hourly wage Maximum number of hours of employment when school is in session: Mon. Tues. Wed. Thurs. Fri. Sat. Sun. Weekly = In compliance with California labor laws, this employee is covered by worker s compensation insurance. This business does not discriminate unlawfully on the basis of race, ethnic background, religion, sex, sexual orientation, color, national origin, ancestry, age, physical handicap, or medical condition. I hereby certify that, to the best of my knowledge, the information herein is correct and true. Supervisor s signature Supervisor s name (print or type) For Parent or Guardian to Complete This minor is being employed at the place of work described with my full knowledge and consent. I hereby certify that, to the best of my knowledge, the information herein is correct and true. I request that a work permit be issued. In addition to this employer, my child is working for Name of business Signature of parent or legal guardian For School to Complete Evidence of minor s age Signature of verifying authority Type: Regular Vacation Year-Round Work Experience Other Date CALIFORNIA DEPARTMENT OF EDUCATION FORM B1-1 (revised 12/05) IMPORTANT: See reverse side for additional information. 32

33 General Summary of Minors Work Regulations If federal laws, state laws and school district policies conflict, the more restrictive law (the one most protective of the employee) prevails. Generally, minors must attend school until age 18 unless they are 16 years or older and have graduated from high school or received a state Certificate of Proficiency. Employers of minors required to attend school must complete a Statement of Intent to Employ Minor and Request for Work Permit (form B1-1) for the school district of attendance for each such minor. Employers must retain a Permit to Employ and Work (form B1-4) for each such minor. Work permits (B1-4) must be retained for three years and be available for inspection by sanctioned authorities at all times. A work permit (B1-4) must be revoked whenever the issuing authority determines the employment is illegal or is impairing the health or education of the minor. Minors under the age of 18 may not work in environments declared hazardous or dangerous for young workers as listed below: 1. Explosive exposure 2. Motor vehicle driving/outside helper 3. Coal mining 4. Logging and sawmilling 5. Power-driven woodworking machines 6. Radiation exposure 7. Power-driven hoists/forklifts 8. Power-driven metal forming, punching, and shearing machines 9. Other mining 10. Power-driven meat slicing/processing machines 11. Power-baking machines 12. Power-driven paper products/paper bailing machines 13. Manufacturing brick, tile products 14. Power saws and shears 15. Wrecking, demolition 16. Roofing 17. Excavation operation Excavation operation For more complete information about hazardous occupations, contact the U.S. Department of Labor (Child Labor Bulletins 101 and 102) and the California Department of Industrial Relations, Division of Labor Standards Enforcement. Regional offices are located in several California cities. They are listed in the Government Listings sections of telephone directories. Minors younger than 16 years are allowed to work only in limited, specified occupations that exclude baking, manufacturing, processing, construction, warehouse, and transportation occupations. In addition to safety regulations, labor laws applicable to adult employees also generally apply to minor employees, including workers compensation insurance requirements. Child labor laws do not generally apply to minors who deliver newspapers or work at odd jobs, such as yard work and baby-sitting, or in private homes where the minor is not regularly employed. 33 Ages A day of rest from work is required if the total hours worked per week exceeds 30 or if more than 6 hours are worked on any one day during the week. Hours of Work When school is in session: Daily maximum of 4 hours, Monday through Thursday. May work up to 8 hours on any non-school day or on any day that precedes a non-school day. May be permitted to work up to 48 hours per week. Students in Work Experience Education or cooperative vocational education programs may be permitted to work a maximum of 8 hours on a school day. When school not in session: May work up to 48 hours per week but no more than 8 hours in any one day. Work must be performed no earlier than 5 a.m. or later than 10 p.m. except that work may extend to 12:30 a.m. on nights preceding non-school days. Students in Work Experience Education or cooperative vocational education programs may be authorized to work until 12:30 a.m. on nights proceeding school days with specified written permission When school is in session: On school days daily maximum 3 hours. On nonschool days may work 8 hours. Weekly maximum of 18 hours. Students in Work Experience Education and career exploration programs may work up to 23 hours per week. When school is not in session: Daily maximum 8 hours and weekly maximum 40 hours. May not work during public school hours except students in Work Experience Education or career exploration programs. Work must be performed no earlier than 7 a.m. no later than 7 p.m. any day of the week. From June 1 to Labor Day work hours may be extended to 9 p.m. Younger Labor laws generally prohibit nonfarm than 14 employment of children younger than 14. Special rules apply to agricultural work, domestic work and the entertainment industry.

34 CHAPTER 4 Codes Relating to the Employment of Minors Code sections and regulations cited in this chapter are unabridged and are direct quotes. Relevant sections of the following codes are cited for easy reference: California Code of Regulations Business and Professions Code California Code of Regulations, Title 5 California Code of Regulations, Title 8 California Education Code Family Code Government Code Insurance Code Labor Code Penal Code Vehicle Code U.S. Department of Labor Code of Federal Regulations, Title 29 The codes and regulations cited herein can be accessed through the internet addresses below: California Codes California Codes of Regulations U.S. Department of Labor Code of Federal Regulations

35 Code Index Code & Section Business and Professions Code (B&PC) B&PC Employment of Person Under 21; Employment of Person under 18 by Off-Sale Licensee (a) Every person who employs or uses the services of any person under the age of 21 years in or on that portion of any premises, during business hours, which are primarily designed and used for the sale and service of alcoholic beverages for consumption on the premises, is guilty of a misdemeanor. (b) Any off-sale licensee who employs or uses the services of any person under the age of 18 years for the sale of alcoholic beverages shall be subject to suspension or revocation of his or her license, except that a person under the age of 18 years may be employed or used for those purposes if that person is under the continuous supervision of a person 21 years of age or older. Every person who violates the provisions of this section is guilty of a misdemeanor. B&PC Employment of Persons 18 to 21 Years of Age as Musicians Notwithstanding Section or any other provisions of law, persons 18 to 21 years of age may be employed as musicians, for entertainment purposes only, during business hours on premises which are primarily designed and used for the sale and service of alcoholic beverages for consumption on the premises, if live acts, demonstrations, or exhibitions which involve the exposure of the private parts or buttocks of any participant or the breasts of any female participant are not allowed on such premises. However, the area of such employment shall be limited to a portion of the premises that is restricted to the use exclusively of musicians or entertainers in the performance of their functions, and no alcoholic beverages shall be sold, served, consumed, or taken into that area. B&PC Persons Under 21 Years of Age on Premises Any licensee under an on-sale license issued for public premises, as defined in Section 23039, who permits a person under the age of 21 years to enter and remain in the licensed premises without lawful business therein, is guilty of a misdemeanor. Any person under the age of 21 years who enters and remains in the licensed public premises without lawful business therein is guilty of a misdemeanor and shall be punished by a fine of not less than two hundred dollars ($200), no part of which shall be suspended. 35

36 California Code of Regulations, Title 5, (5 CCR) Work Experience Education 5 CCR, District Plan for Work Experience Education Secondary school districts conducting Work Experience Education shall develop a plan in a form prescribed by the State Department of Education in accordance with the standards described in this article. 5 CCR, Formal Training Agreements for Each Type of Work Experience Education Work Experience Education shall consist of one or more of the following paid and unpaid types of on-the-job experiences which the secondary school district may offer through a formal training agreement with each employer. The written agreement shall identify the responsibilities of the student, employer, parent or guardian (with respect to minors only) and the secondary school district shall outline the objectives that the student is to accomplish at the training site: (a) Vocational work experience education. Vocational Work Experience Education has as its purpose the reinforcement and extension of vocational learning opportunities for students through a combination of related classroom instruction in Work Experience Education and supervised paid employment in the occupation for which their vocational course in school prepares them. (b) General work experience education. General Work Experience Education is an instructional course which has as its purpose the application of basic skills of reading, writing and computation. General Work Experience Education students will acquire general and specific occupational skills through a combination of a supervised paid employment in any occupational field and related classroom instruction in Work Experience Education. (c) Exploratory work experience education. Exploratory Work Experience Education is nonpaid and has as its general purpose the vocational guidance of the students by affording them opportunities to observe and sample systematically a variety of conditions of work for the purpose of ascertaining their interest and suitability for the occupation they are exploring. Exploratory Work Experience Education includes a combination of job observations and related classroom instruction in Work Experience Education. The student may be required to perform, on a limited, periodic and sampling basis, nonpaid work activities while exploring the occupation. The employer or work station supervisor may but shall not be required to teach production or other job skills to the Exploratory Work Experience Education student. The length of exploratory assignments may vary, depending on the aptitude of the student, the occupation being explored, the facilities of the work station, and the job classification. A student may not be a part of Exploratory Work Experience Education if pay is received for like work at the same work station or similar job during hours when not assigned as an Exploratory Work Experience Education student. The student shall not replace a 36

37 paid employee. The district shall provide Worker's Compensation Insurance for the student. A secondary school student in Exploratory Work Experience Education may be less than 16 years of age. 5 CCR, Selection and Approval of Work Stations In selecting and approving a work station for an individual student, the Work Experience Education-Coordinator shall approve work stations that will enable the student to accomplish meaningful learning objectives. 5 CCR, Related Classroom Instruction The Work Experience Teacher-Coordinator shall conduct the related classroom instruction. Related classroom instruction shall be developed for each semester and type of Work Experience Education offered, including units in appropriate scope and sequence. 5 CCR, Supervision of Students In carrying out the district plan for Work Experience Education, the Teacher-Coordinator shall provide for supervision of students by preparing individual training plans, observing and consulting with students, and making a minimum of two on-site contacts per semester with each work station supervisor and a minimum of one on-site contact during summer school to evaluate student performance. 5 CCR, Work Experience Education Teacher-Coordinator Minimum Qualifications The Work Experience Education Teacher-Coordinator shall possess a valid California secondary-level credential, have two years of occupational experience outside the field of education, and have knowledge of the educational purposes, standards, laws and rules and regulations applicable to Work Experience Education. Community Classrooms 5 CCR Definition (a) Community Classroom is an instructional methodology which utilizes unpaid onthe-job training experiences at business, industry, and public agency sites to assist students in acquiring those competencies (skills, knowledge, and attitudes) necessary to acquire entry-level employment. The intent of the community classroom methodology is to provide additional resources so concurrent, formalized classroom instruction can be extended and the acquisition of salable skills enhanced. 37

38 (b) Competency means the prescribed performance level for a skill, knowledge, and attitude necessary to accomplish a job task. (c) Formal Vocational Instruction means instruction provided by a qualified teacher, utilizing a lesson plan, to a group of students in a classroom. (d) Related Classroom Instruction means formal vocational instruction which is correlated with unpaid on-the-job training experiences. (e) Community Classroom Teacher is the certificated vocational education instructor, employed by the local educational agency operating a community classroom instructional methodology, who provides the formal vocational classroom instruction, conducts the required visitations to on-the-job training stations, and verifies student acquisition of competencies identified in the training plan. (f) Community Classroom Joint Venture Training Agreement is a written document which describes the conditions and requirements to be met by the local educational agency and management of the community classroom in the utilization of business, industry, and public agency resources for vocational instruction. (g) The Management of the Community Classroom is the owner or designated employee(s), representing the entity offering its resources for vocational instruction, who assists the local educational agency in the operation of community classroom. (h) Community Classroom Individualized Training Plan is a written document which identifies those competencies the student will acquire through vocational classroom instruction and unpaid on-the-job training experiences. (i) Concurrent Classroom Instruction means classroom instruction and unpaid onthe-job training experiences are being conducted together within the same time frame (quarter, semester, program year, etc.). (j) Approved Vocational Education Course/Program means the State Department of Education has approved the vocational education course/program by either signing a ROC/P Course Approval Application (Form VE-77) or local educational agency Program Inventory (Form VE-30). (k) Community Classroom Training Station is the business/industry or public agency location where the student receives his/her unpaid on-the-job training experiences. (l) Methodology means a technique or procedure used for teaching students skills. (m) Supervision/Coordination are those activities performed the community classroom teacher, usually outside of the classroom, that include but are not limited to: advisory committee operation, program promotion, recruitment, 38

39 selection of training stations, training plan development, relating in-school instruction to unpaid on-the-job training, on-the-job student/employer visitations, and evaluation of student progress. 5 CCR Academic Credit for Participation in Community Classroom Provision shall be made for evaluating and rating each student's achievement in Community Classroom. Credit shall be granted for the satisfactory completion of the following: (a) Evaluation of participation in related classroom instruction which is the responsibility of the community classroom teacher. (b) Evaluation of participation at the unpaid training station which is the responsibility of the community classroom teacher with the assistance of the management of the community classroom. 5 CCR Student Qualifications In order to qualify for participation in Community Classroom, an individual must be concurrently enrolled in the approved vocational education course/program. 5 CCR Teacher Responsibilities The community classroom teacher shall: (a) Provide concurrent formal vocational classroom instruction. Instruction shall be based on skills, knowledge, attitudes, and related performance levels in the occupation for which instruction is conducted. (b) Conduct required training station visits to observe students, provide instruction, and ensure that student acquisition of competencies identified in the individualized training plan is occurring. (c) Prepare individualized training plans. (d) Locate and select training stations to provide students unpaid on-the-job learning experiences commensurate with their skill training. (e) Monitor the student's progress by completing the individualized training plan. (f) Provide ongoing and final evaluation of the student's achievement of course instruction objectives. 39

40 5 CCR Records The community classroom teacher shall keep on file, copies of the following records: (a) Joint Venture Training Agreement (b) Individualized Training Plan (c) Community Classroom teacher unpaid training station visitations and community classroom site management consultations regarding student progress and training plan on-the-job experiences. (d) Pupil's training hours from the management of the community classroom. (e) Students assigned at community classroom sites including locations, duration of time, dates, and hours. 5 CCR Related Classroom Instruction (a) Formal related concurrent vocational classroom instruction shall be: (1) Based on the skills, knowledge, attitudes, and related performance levels in the occupation for which training is conducted. (2) Provided at a minimum equivalency of three instructional periods per week. An instructional period must equal at least 50 minutes. A minimum of one instructional period per week shall be scheduled and conducted. (b) The curriculum for a vocational course/program, utilizing the community classroom methodology, shall identify how competencies necessary for employment will be taught through concurrent classroom instruction and be expanded through unpaid on-the-job training experiences. 5 CCR Selection and Approval of Community Classroom Training Stations The following criteria shall be used to select and approve a community classroom training station: (a) The management of the community classroom training station shall: (1) Have a clear understanding of the community classroom methodology and a willingness to participate in the training experience. (2) Cooperate with the vocational education director, or his/her designee, in 40

41 preparing a written joint venture agreement. (3) Participate with the community classroom teacher in preparing an individualized training plan. (4) Provide and assist students with unpaid on-the-job training experiences as described in the individualized training plan. (5) Consult with the community classroom teacher regarding the student's progress during the unpaid on-the-job training experiences. (6) Assist in maintaining accurate records of the pupil s training hours. (b) The training station shall offer training opportunities in the specific occupation for which the course is approved. Training opportunities at the station shall expand competencies developed in the classroom instruction portion of the student's training. (c) The training station shall have adequate equipment, materials, and other resources to provide an appropriate learning opportunity. (d) Training station conditions shall prevail which will not endanger the health, safety, welfare, or morals of the pupil. (e) The training station shall be concurrently engaged in a business operation which requires employment in the occupation for which training is provided. 5 CCR Community Classroom Joint Venture Training Agreements and Plans (a) A written joint venture training agreement shall be entered into between the director, or his/her designee, of the local educational agency and the management of the community classroom site. (b) The community classroom teacher, in cooperation with the management of the community classroom site, shall prepare an individualized training plan for each pupil to include, but not be limited to, the following: (1) Competencies to be included in the instructional objectives of the approved course/program. (2) Expected duration of training for competencies necessary for employment. (3) Identification of competencies to be taught in either related classroom instruction and/or the unpaid training station. (4) Verification that the student has acquired the competency demonstrating a proficiency equivalent to entry-level employment. A copy of the community 41

42 5 CCR Supervision of Students classroom training plan shall be maintained at the community classroom training station. (a) The community classroom teacher shall make at least one visitation every 3 weeks to consult with the management of the community classroom, observe students at the training station, provide instruction, and ensure that student acquisition of competencies identified in the individualized training plan is occurring. Each visitation shall include an observation of the student engaged in unpaid on the-job training experiences. (b) The community classroom teacher shall be provided time for supervision/coordination equivalent to one hour per week for every five community classroom students enrolled. When less than five students are enrolled, a minimum of one hour per week of supervision/coordination time shall be provided. (c) Only the community classroom teacher who provides related classroom instruction shall provide supervision/coordination for the unpaid on-the-job training of students. 5 CCR Student-Teacher Ratio (a) The maximum number of students per vocational education course section utilizing the community classroom and/or cooperative vocational education methodology shall not exceed 30 at any time. (b) The maximum number of students assigned to a vocational education instructor, utilizing the community classroom and/or cooperative vocational education methodology, including both related classroom instruction and supervision/coordination, shall not exceed 75 at any time. 5 CCR Unpaid On-The-Job Experiences (a) The unpaid on-the-job training element of the program shall not: (1) Provide the management of the community classroom site with an immediate benefit. (2) Allow a student to replace an employee of the community classroom site or cause the employee's hours to be reduced, nor shall the student's training activities preclude the hiring of additional employees. 42

43 (3) Include productive work of any kind as defined by State and Federal Labor Regulations (b) Unpaid on-the-job training experiences shall only expand competencies developed in the classroom instruction portion of the vocational course/program utilizing the community classroom methodology. 5 CCR Scope The provisions of this article do not apply to Community colleges or to private postsecondary schools under contract pursuant to Education Code Section Cooperative Vocational Education 5 CCR Definition (a) Cooperative Vocational Education is an instructional methodology which correlates concurrent, formal vocational classroom instruction with regularly scheduled, paid on-the-job training experience. Cooperative vocational education assists students to develop and refine occupational competencies (attitudes, skills, and knowledge s [sic]) needed to acquire, adjust, and advance in an occupation. (b) Competency means the prescribed performance level for a skill, knowledge, and attitude necessary to accomplish a job task. (c) Formal Vocational Instruction means instruction provided by a qualified teacher, utilizing a lesson plan, to a group of students in a classroom. (d) Related Classroom Instruction means formal vocational instruction which is correlated with paid on-the-job training experiences. (e) Cooperative Vocational Education Teacher is the certificated vocational education instructor, employed by the local educational agency, operating a cooperative vocational education instructional methodology, which provides the formal vocational classroom instruction, conducts the required visitations to paid on the-job training stations, and verifies student acquisition of competencies identified in the training plan. (f) Cooperative Vocational Education Training Agreement is a written document which describes the conditions and requirements to be met by those parties (school, employer, student, and parent) involved with the utilization of business and industry resources for vocational instruction. (g) Cooperative Vocational Education Individualized Training Plan is a written document which identifies those competencies the student will acquire through 43

44 vocational classroom instruction and paid on-the-job experiences. (h) Concurrent Classroom Instruction means classroom instruction and paid onthe-job training experiences are being conducted together within the same timeframe (quarter, semester, program year, etc.). (i) Approved Vocational Education Course/Program means the State Department of Education has approved the vocational education course/program by either signing a ROC/P Course Approval application (Form VE-77) or local educational agency Program Inventory (Form VE-30). (j) Cooperative Vocational Education Training Station is the business/industry, location, public or private, where the student receives his/her regularly, scheduled, paid, on-the-job training experiences. (k) Methodology means a technique or procedure used for teaching students skills. (l) Supervision/Coordination are those activities performed by the cooperative vocational education teacher, usually outside of the classroom that include, but are not limited to: advisory committee operation, program promotion/recruitment, selection of training stations, training plan development, relating in-school instruction to paid on-the-job training, on-the-job student/employer visitations, and evaluation of student progress. 5 CCR Academic Credit for Participation in Cooperative Vocational Education Provision shall be made for evaluating and rating each student's achievement in Cooperative Vocational Education. Credit shall be granted for the satisfactory completion of the following: (a) Evaluation of participation in related classroom instruction which is the responsibility of the cooperative vocational education teacher. (b) Evaluation of participation at the paid training station which is the responsibility of the cooperative vocational education teacher with the assistance of the employer. 5 CCR Student Qualifications In order to quality for participation in cooperative vocational education, a student shall: (a) Be at least 16 years of age except, a student with exceptional needs, including, but not limited to, financial or motivational needs as determined by the principal or local educational director. (b) Be a full-time student. For the purpose of this section, a full-time student means one of the following: 44

45 (1) A student enrolled in continuation/alternative education. (2) A student enrolled in a regional occupational center or regional occupational program. (3) A student enrolled in the regular school for the minimum day, excluding cooperative vocational education. (4) A student enrolled in a summer school approved pursuant to regulations of the State Board. (c) Have parental or guardian approval if under 18 years of age. (d) Be currently enrolled in the approved vocational education course/program. 5 CCR Teacher Responsibilities The cooperative vocational education teacher shall: (a) Assist students in career planning and guidance. (b) Locate and select training stations to provide students on-the-job training experiences commensurate with their abilities and interests. (c) Plan on-the-job training station experiences with the employer. (d) Provide a written evaluation of the paid on-the-job progress of the student at least once each grading period. (e) Assist students with continued educational objectives and/or employment placement. (f) Provide concurrent, formal, related classroom instruction. (g) Conduct required training station visits to observe students and ensure that student acquisition of competencies identified in the individualized training plan is occurring. (h) Prepare individualized training plans. (i) Provide ongoing and final evaluation of the student's achievement of course/program instructional objectives. 5 CCR Records 45

46 The cooperative vocational education teacher shall keep on file copies of the following records: (a) Evidence of work permits issued. (b) Training agreements. (c) Individualized training plans. (d) Cooperative vocational education teacher on-site training station visitations and employer consultations regarding student progress and training plan paid on-thejob experiences. (e) Pupil training hours from the employer. (f) Students enrolled in the cooperative vocational education program, including the names of firms that served as training stations, the duration of time the students were employed, and the total number of hours the students were employed. 5 CCR Related Classroom Instructions (a) Formal related vocational classroom instruction shall be: (1) Concurrent and directly related to the paid on-the-job training of students. (2) Organized to ensure that each student will have sufficient number of hours of related classroom instruction and on-the-job training experience to provide the student with those competencies necessary for employment and advancement in the occupational area for which training is offered. (3) Provided at a minimum equivalency of three instructional periods per week. An instructional period must equal at least 50 minutes. A minimum of one instructional period per week shall be scheduled and conducted. (b) The curriculum for a vocational course/program, utilizing the cooperative vocational education methodology, shall identify how competencies necessary for employment will be taught through concurrent classroom instruction and onthe-job training experiences. 5 CCR Selection and Approval of Training Stations The following criteria shall be used to select and approve training stations: (a) The employer at the cooperative vocational education training station shall: 46

47 (1) Have a clear understanding of program objectives and a willingness to participate in the program. (2) Provide adequate supervision to ensure a planned program of the students' paid on-the-job training in order that the student may receive maximum education benefit. (3) Consult with the cooperative vocational education teacher regarding the paid on-the-job progress of the student. (4) Cooperate with the vocational education director or his or her designee in preparing a written training agreement. (5) Participate with the cooperative vocational education teacher and the student in preparing an individualized training plan. (6) Provide a minimum of 8 hours of paid employment per week to assist students to acquire those competencies necessary for employment and advancement in the occupational area for which training is offered. (7) Assist in maintaining accurate records of the students' training hours. (8) Provide Workers' Compensation Insurance for students employed through the Cooperative Vocational Education Program. (b) The training station shall offer training opportunities in the specific occupation for which the course is approved. Training opportunities at the paid station shall be in the occupation for which related instruction is provided. (c) Training station working conditions shall not endanger the health, safety, welfare or morals of the students. (d) The training station shall have adequate equipment, materials and other resources to provide an appropriate learning opportunity. 5 CCR Cooperative Vocational Education Training Agreements and Individualized Training Plans (a) The vocational education director or his/her designee shall prepare a written training agreement which delineates the responsibilities of each employer and local education agency. (b) The cooperative vocational education teacher in cooperation with the training station employer and student shall prepare an individualized training plan for each pupil to include, but not be limited to, the following: 47

48 (1) Competencies to be presented in the instructional objectives of the approved course/program. (2) Expected duration of training for competencies necessary for employment. (3) Identification of competencies to be taught in either related classroom instruction and/or the paid training station. (4) Verification that the student has acquired the competency by demonstrating a proficiency equivalent to entry-level employment and/or advanced occupational areas. A copy of the individualized training plan shall be maintained at the cooperative vocational education training station. 5 CCR Supervision of Students (a) The cooperative vocational education teacher shall make at least one visitation every four weeks to each employer to ensure that the training agreement provisions are being met and student acquisition of competencies identified in the individualized training plan are occurring. One out of every two visits to the training station must include an observation of the student engaged in on-the-job training experiences. (b) The cooperative vocational education teacher shall be provided time for supervision/coordination equivalent to one hour per week for every five cooperative vocational education students enrolled. When less than five students are enrolled, a minimum of one hour per week of supervision/coordination time shall be provided. (c) Only the cooperative vocational education teacher who provides related classroom instruction shall provide supervision/coordination for the paid on-thejob training of students. 5 CCR Student-Teacher Ratio (a) The maximum number of students per vocational education course section utilizing the community classroom and/or cooperation vocational education methodology shall not exceed 30 at any time. (b) The maximum number of students assigned to a vocational education instructor utilizing the community classroom and/or cooperative vocational education methodology, including both related classroom instruction and supervision/coordination, shall not exceed 75 at any time. 5 CCR

49 Paid On-the-Job Experiences (a) The paid on-the-job training experience shall be: (1) Regularly scheduled. (2) In the specific occupation for which the course/program is approved. Continuing Education 5 CCR Programs of Guidance, Placement, and Follow-Up The guidance, placement, and follow-up services are to be provided on a regular basis and shall include the following: (a) Personal Guidance: All pupils shall be provided with individual counsel in matters affecting their personal, social, and educational adjustment. (b) Occupational Guidance: All pupils shall be provided with necessary occupational information that individually and realistically prepares them for future employment opportunities. (c) Placement: All pupils shall be assisted in securing suitable employment whenever the pupil can benefit from such employment. (d) Follow-up: The district shall provide all pupils with follow-up services as follows: (1) Visitation of employed pupils as places of employment to determine the effectiveness of the guidance and placement services. (2) Regular home contacts and parent conferences in cases where a student is not succeeding in a continuation program. (3) Regular contacts will all students enrolled only 4 hours per week and all pupils suspended from continuation education with the intent of eventually returning them to the full-time continuation education program. 5 CCR Instruction Based on Individual Needs The programs of instruction in continuation education shall be based upon individual needs as determined by the findings of the counseling and coordination services. 49

50 5 CCR Coordination Programs The governing board of each school district maintaining continuation education schools or classes shall set up a plan to coordinate the pupils instruction and training in the school with the home, employment, and other agencies and shall designate one or more persons as coordinators. 5 CCR Separate Continuation High Schools (a) The continuation high school shall be established as a separate administrative unit by resolution of the governing board. (b) An application for the establishment of any new continuation high school shall be approved by the State Department of Education as a condition to the recognition of the school as a separate continuation high school for apportionment purposes. (c) The governing board shall appoint as principal of the school a person who holds a credential authorizing service as principal of a high school. The principal may serve as the director of continuation education if he holds an administrative credential. (d) A continuation high school shall be conducted for not less than 175 days during a school year. (e) In each continuation high school there shall be provided a curriculum that will enable the students to meet the requirements for graduation prescribed pursuant to Education Code Sections and Independent Study Programs 5 CCR Definitions (a) Full-time equivalent certificated employees means any combination of full-time certificated employees and part-time certificated employee assignments that aggregate to the amount of instructional time specified in the contract of a fulltime certificated classroom teacher of the district or county office of education. (b) General supervision means the supervising teacher's (1) Continuing oversight of the study design, implementation plan, allocation of resources, and evaluation of pupil or adult education student progress for any pupil's or adult education student's independent study; and (2) Personal determination or personal review of the determination made by 50

51 another certificated teacher of the time values for apportionment purposes of each pupil's or adult education student's work products. (c) Independent study means an alternative to classroom instruction consistent with the district's course of study. (d) Independent study is an optional educational alternative in which no public may be required to participate means: (1) With regard to school districts or county offices of education, that (i) They are not required to offer independent study, and (ii) School districts or county offices of education that do offer independent study are not obliged to permit a pupil or adult education student to engage in independent study if school officials given responsibility for the decision determine that independent study is not an appropriate alternative for the pupil or adult education student; and, (2) With regard to pupils or adult education students, (i) A pupil's or an adult education student's choice to commence, or to continue in, independent study must not be coerced, and (ii) In the case of a pupil who is referred or assigned to any school, class, or program pursuant to Education Code sections or 48917, and to the extent that independent study is not prohibited, instruction may be provided to the pupil through independent study only if the pupil has the continuing option of classroom instruction. (e) Method utilized to evaluate means any specified procedure through which a certificated teacher personally assesses the extent to which achievement of the pupil or adult education student meets the objectives of an assignment. (f) Methods of study means the pupil or adult education student activities selected by the supervising teacher as the means to reach the educational objectives set forth in the written agreement. (g) Missed assignment means any specified independent study assignment that has not been turned in, or evidenced as completed, by a pupil or adult education student by the due date for the assignment. (h) Regular school program means the classroom-based instructional program or its equivalent that a pupil or adult education student would have attended had the pupil or adult education student not elected independent study. (i) Specific resources include all resources, including materials and services, reasonably necessary to the achievement of the objectives in the written 51

52 agreement, and shall not be construed to exclude resources normally available to all pupils or adult education students on the same terms as the terms on which they are normally available to all pupils or adult education students. (j) Supervising teacher means the certificated teacher employed by the school district or county office of education and assigned, as noted in the written agreement, the responsibility for coordinating, evaluating, and providing general supervision of a pupil's or adult education student's independent study pursuant to Education Code Section (a). (k) Type of program means statutory program category for purposes of attendance accounting. (l) Work product means that which results from a pupil's or adult education student's efforts and actions to complete or perform the assignments given and which is subsequently evaluated by a certificated teacher. 5 CCR Additional Definitions Applicable to Charter Schools (a) Certificated employees, in charter schools, means employees meeting the requirements of subdivision (l) of Education Code Section (b) Classroom instruction, with reference to a charter school, means classroom instruction provided either by the charter school or by another public school that the pupil is eligible to attend. (c) School district or district, for the purposes of this subchapter and of Article 5.5 (commencing with Section 51745) of Chapter 5 of Part 28 of the Education Code, means a school district or a charter school, unless the context clearly indicates otherwise. 5 CCR District Responsibilities In setting policy pursuant to subdivisions (a) and (b) of Education Code Section 51747, the local governing board shall consider, in a public hearing, the scope of its existing or prospective use of independent study as an instructional strategy, its purposes in authorizing independent study, and factors bearing specifically on the maximum realistic lengths of assignments and acceptable number of missed assignments for specific populations of pupils or adult education students. Adopted policies shall reflect an awareness that excessive leniency in their terms can result in pupils falling so far behind their age peers as to increase, rather than decrease, the risk of their dropping out of school. 52

53 5 CCR Equitable Provision of Resources and Services Consistent with the statutory authorization to offer independent study as an alternative instructional strategy to meet the educational needs of pupils or adult education students, (a) The independent study option is to be substantially equivalent in quality and in quantity to classroom instruction, thereby ensuring that a pupil or adult education student who engages in independent study on a full-time basis, or on a part-time basis in conjunction with part- or full-time classroom study, will be enabled to complete the district or county office of education adopted course of study within the customary time frame for completion of that course of study; (b) Pupils or adult education students who choose to engage in independent study are to have the same access to existing services and resources as the other pupils or adult education students of the school in which the independent study pupil or adult education student is enrolled; and (c) Pupils or adult education students who choose to engage in independent study are to have equality of rights and privileges with the pupils or adult education students of the district or county office of education who choose to continue in the regular school program. 5 CCR Requirements for Agreements (a) Each signature required for an independent study agreement shall be dated. An agreement is not in effect until it is complete as to all terms, signed and dated. (b) The curriculum and methods of study specified in an independent study agreement shall be consistent with the district or county office of education policies and procedures for curriculum and instruction as adopted by the governing board. 5 CCR Records (a) Maintaining records to meet audit requirements is the responsibility of the local district or county superintendent's office. These records may be on site(s). (b) Records shall include but not be limited to: (1) A copy of adopted governing board policy and procedures. (2) A separate listing of the pupils and adult education students, by grade level, program and school, who have engaged in independent study, identifying units of the curriculum undertaken and units of the curriculum 53

54 completed by each of those pupils in kindergarten and grades 1 to 8, inclusive, and identifying course credits attempted by and awarded to each of those pupils in grades 9 to 12 inclusive and each of those students in adult education, as specified in their written agreements. (3) A file of all agreements, including representative samples of each pupil's or adult education student's work products bearing signed or initialed and dated notations by the supervising teacher indicating that he or she has personally evaluated the work, or that he or she has personally reviewed the evaluations made by another certificated teacher. (4) A daily or hourly attendance credit register, as appropriate to the program in which the pupils or adult education students are enrolled, separate from classroom attendance records, and maintained on a current basis as time values of pupil or adult education student work products are personally judged by a certificated teacher, and reviewed by the supervising teacher if they are two different persons. Provisions Unique to Charter Schools 5 CCR Pupil-Teacher Ratio In a charter school, for the purposes of Education Code Section , the ratio of average daily attendance for independent study pupils to full-time equivalent (FTE) certificated employees responsible for independent study shall not exceed a pupilteacher ratio of 25:1, or the ratio of pupils to full-time equivalent certificated employees for all other educational programs operated by the largest unified school district, as measured by average daily attendance, as reported at the second principal apportionment in the prior year, in the county or counties in which the charter school operates. Units of average daily attendance for independent study that are ineligible for apportionment as provided in subdivision (b) of Education Code section shall also be ineligible for funding pursuant to Chapter 6 (commencing with section 47630) of Part 26.8 of the Education Code. For purposes of this section, a "full-time certificated employee" means an employee who is required to work a minimum six-hour day and 175 days per fiscal year. Part-time positions shall generate a partial FTE on a proportional basis. 5 CCR High School Graduation Requirements For the purposes of subdivision (e) of Education Code Section 51745, a charter school that includes any of grades 9 to 12, inclusive, shall be deemed to be an alternative school of every high school district and unified school district within which it operates. 54

55 Destruction of Records of School Districts - Period of Retention 5 CCR Class 1 - Permanent Records The original of each of the records listed in this section, or one exact copy thereof when the original is required by law to be filed with another agency, is a Class 1 - Permanent record and shall be retained indefinitely, unless microfilmed in accordance with Section 16022(c). (a) Annual Reports (1) Official budget (2) Financial report of all funds, including cafeteria and student body funds (3) Audit of all funds (4) Average daily attendance, including Period 1 and Period 2 reports (5) Other major annual reports, including: (b) Official Actions (i) Those containing information relating to property, activities, financial condition, or transportation. (ii) Those declared by board minutes to be permanent. (1) Minutes of the Board or Committees Thereof [sic] including the text of a rule, regulation, policy, or resolution not set forth verbatim in the minutes but included therein by reference only. (2) Elections, including the call, if any, for and the result (but not including detail documents, such as ballots) of an election called, conducted or canvassed by the governing board for a board member, his recall, issuance of bonds incurring any long-term liability, change in maximum tax rates, reorganization, or any other purpose. (3) Records transmitted by another agency that pertain to that agency s action with respect to district reorganization. (c) Personnel Records 55

56 (1) Employees (i) All detail records relating to employment, assignment, amounts and dates of service rendered, termination or dismissal of an employee (2) Pupils in any position, sick leave record, rate of compensation, salaries or wages paid, deductions or withholdings make and the person or agency to whom such amounts were paid. In lieu of the detail records, a complete proven summary payroll record for every employee of the school district containing the same data may be classified as Class 1 - Permanent, and the detail records may then be classified as Class 3 - Disposable. (ii) Information of a derogatory nature as defined in Education Code Section shall be Class 1 - Permanent only after it becomes final. This information becomes final when: 1. The time for filing a grievance has lapsed, or 2. The document has been sustained by the grievance process. (iii) Information of a derogatory nature as defined in Education Code Section shall be Class 3 - Disposable if prior to the effective date of this section the document was subject of grievance process and was not sustained. (i) The records of enrollment and scholarship for each pupil required by Section 432. (ii) All records pertaining to any accident or injury involving a minor for which a claim for damages has been filed as required by law, including any policy of liability insurance relating thereto, except that these records cease to be Class 1 - Permanent records one year after the claim has been settled or the statute of limitations has run. (d) Property Records: All detail records relating to land, buildings, and equipment. In lie of such detail records, a complete property ledger may be classified as Class 1 - Permanent, and the detail records may then be classified as Class 3 - Disposable, if the property ledger includes: (1) All fixed assets (2) An equipment inventory (3) For each unit of property, the date of acquisition or augmentation, the person from whom acquired, an adequate description or identification, and 56

57 the amount paid, and comparable data if the unit is disposed of by sale, loss, or otherwise. 5 CCR Class 2 - Optional Records Any record worthy of temporary preservation but not classified as Class 1 - Permanent may be classified as Class 2 Optional, and shall then be retained until reclassified as Class 3 - Disposable. If the superintendent and governing board agree that classification should not be made by the time specified in Section 16022, all records of the prior year may be classified as Class 2 - Optional pending further review and classification within one year. 5 CCR Class 3 - Disposable Records All records not classified as Class 1 Permanent, or Class 2 Optional, shall be classified as Class 3 - Disposable, including but not limited to detail records relating to: (a) Records Basic to Audit, including those relating to attendance, average daily attendance, or a business or financial transaction (purchase orders, invoices, warrants, ledger sheets, canceled checks and stubs, student body and cafeteria fund records, etc.), and detail records used in the preparation of any other report. Teachers registers may be classified as Class 3 - Disposable only if all information required in Section 432 is retained in other records or if the General Record pages are removed from the register and are classified as Class 1 - Permanent. (b) Periodic Reports, including daily, weekly, and monthly reports, bulletins and instructions. 5 CCR Retention Period A Class 3 - Disposable record shall not be destroyed until after the third July 1 succeeding the completion of the audit required by Education Code Section 41020, or of any other legally required audit, or after the ending date of any retention period required by any agency other than the State of California, whichever date is later. A continuing record shall not be destroyed until the fourth year after it has been classified as Class 3 - Disposable. 5 CCR Destruction of Records Unless otherwise specified in this chapter, all Class 3 - Disposable records shall be destroyed during the third school year after the school year in which they originated (e.g., records may be destroyed after July 1, 1980). 57

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59 California Code of Regulations, Title 8 (8 CCR) Apprenticeship 8 CCR 205 Definitions (a) "Journeyman" means a person who has either: (1) Completed an accredited apprenticeship in his/her craft, or (2) Who has completed the equivalent of an apprenticeship in length and content of work experience and all other requirements in the craft which has workers classified as journeyman in the apprenticeable occupation. (b) "Instructor" means a person who has either: (1) Completed an accredited apprenticeship in his/her craft, or (2) Who has completed the equivalent of an apprenticeship in length and content of work experience and all other requirements in the craft, but may not necessarily be designated as a journeyman. (c) An "Apprenticeable Occupation" is one which requires independent judgment and the application of manual, mechanical, technical, or professional skills and is best learned through an organized system of on-the-job training together with related and supplemental instruction. (d) "Registration of an Apprentice Agreement" means the acceptance and recording thereof by the Division of Apprenticeship Standards which serves as evidence of the participation of the apprentice in a specific apprenticeship program. (e) "Apprenticeship Program" means a comprehensive plan containing, among other things, apprenticeship program standards, committee rules and regulations, related and supplemental instruction course outlines and policy statements for the effective administration of that apprenticeable occupation. (f) "Apprenticeship Program Standards" means that written document containing among other things all the terms and conditions for the qualification, recruitment, selection, employment and training, working conditions, wages, employee benefits, and other compensation for apprentices and all other provisions and statements including attachments as required by the Labor Code and this Chapter which, when approved by the Chief DAS, shall constitute registration of such, and authority to conduct that program of apprenticeship in the State of California. (g) "Apprenticeship Program Sponsor" means a joint apprenticeship committee, a unilateral labor or management committee, or an individual employer program. (h) "Related and Supplemental Instruction" means an organized and systematic form 59

60 of instruction designed to provide the apprentice with knowledge including the theoretical and technical subjects related and supplemental to the skill(s) involved. (i) "Competent Evidence" as used in Section 224 means a transcript or abstract of the record required to be maintained pursuant to Section 212(c)(6), or an attestation by the apprentice program sponsor stating that all training has been fully completed, on forms to be provided by the Division of Apprenticeship Standards, demonstrating that the apprenticeship program has been fully complete, certified by the apprenticeship program sponsor and endorsed by a representative of the Division of Apprenticeship Standards. (j) An "Interested Party" for the purpose of application for approval of an apprenticeship program, means an employer, employer organization or association, a group of employers, employer associations or organizations, an employee association or organization, or employee representatives, a group of employee representatives, associations or organizations, labor and/or management groups or any combination thereof whose interest may be affected by the apprenticeship program if approved. (k) "Maintenance" is defined as routine, recurring and usual work for the preservation, protection and keeping of any facility for its intended purposes in a safe and continually usable condition. (l) The term "Chief DAS" means the Chief of the Division of Apprenticeship Standards. (m)"employed as an apprentice" in the building and construction industry for the purpose of Labor Code Section 3098 means employment pursuant to the approved standards of apprenticeship of the Program, under the supervision of journeyman/men, where the apprentice is receiving at least the minimum wage applicable to the apprentice's period of apprenticeship as provided for in this chapter. (n) "Geographic Area of Operation" of an apprenticeship program means the geographic area in which the program regularly operates and trains apprentices. 8 CCR 208 Wages, Employee Benefits, and Other Compensation for Apprentices (a) For Apprentices In All Occupations Except The Building And Construction Industry: For apprentices participating in approved apprenticeship programs in all industries, except the building and construction industry, the beginning wage rate, employee benefits and other compensation, and the progression of those rates, shall be decided by the sponsoring program in consultation with the Chief DAS. 60

61 (b) For Apprentices In The Building And Construction Industry Employed On Public Works Projects: For apprentices participating in approved apprenticeship programs in the building and construction industry, the wages and employer payments for employees benefits as defined in 8 C.C.R for regular and overtime work while employed on public works projects within the meaning of Labor Code 1720 et seq. shall be the per diem wage rates for apprentices in the apprenticeable occupation as determined by the Director of Industrial Relations in the geographic area of the project. (c) For Apprentices In The Building And Construction Industry Employed On Projects Not Covered By Subsection (b), above: The hourly wage package as used herein consists of the total of the wages and employer payments for employee benefits as defined in 8 CCR For apprentices participating in approved apprenticeship programs in the building and construction industry, the minimum hourly wage package for apprentices while employed on projects not covered by Subsection (b) above shall be calculated as follows: (1) The hourly wage package for first period apprentices shall be no less than 140 percent of the annual poverty level rate for a family of three (3) published by the United States Department of Health and Human Services in the February preceding the rate determination, (beginning with the February, 1994 published rate), which annual rate shall then be divided by 1,936 hours to determine the hourly wage package; (2) A minimum of 85 percent of the hourly wage package as determined by the formula above must be paid directly to the apprentice as taxable wages; (3) Where an employer elects to satisfy a portion of the hourly wage package by employer payments for employee benefits as defined in 8 CCR 16000, the payment of such contributions must be verifiable, and the employer shall submit its books and records to an audit by the DAS staff, upon request, to verify such payments; (4) The hourly wage package for first period apprentices shall be recalculated as of January 1 of every odd numbered year using the formula set out in Subsection (c)(1) above, and shall be based upon the figures published by the United States Department of Health and Human Services in February of the year preceding the recalculation. The recalculated hourly wage package for first period apprentices shall automatically become effective as of January 1 of each year in which it is recalculated for all new apprentices indentured after January 1 of that year; 61

62 (5) Each apprentice shall receive periodic, equal percentage increases in the hourly wage package for each successfully completed period of apprenticeship. The minimum amount of the periodic, equal percentage increases must be sufficient to insure that in no event shall the apprentice's hourly wage package in the final period of apprenticeship be less than 190 percent of the hourly wage package required under Subsection (c)(1), above, in effect during the apprentice's first period of apprenticeship; (6) At least 75 percent of each periodic increase in the hourly wage package as set out in Subsection (c)(5), above, must be paid directly to the apprentice in the form of taxable wages. For each period increase, any increase above the minimum hourly wage package is not subject to this restriction; (7) Existing apprenticeship programs already approved by the DAS and the CAC which are not in compliance with any aspect of this total wage package formula for apprentices on all projects which are subject to Subsection (c) shall have one year from the effective date of this regulation (October 6, 1995), or until the expiration of the current collective bargaining agreement covering the program, whichever is later, to come into full compliance. (8) By the enactment of this regulation, it is not the CAC's intent to change the manner by which the Director of Industrial Relations currently determines the prevailing wage rate, and the provisions of this Subsection (c) shall not be used to determine the prevailing wage rate. (d) For All Apprentices Nothing in the Section shall permit the payment of less than the minimum wage prescribed by the Federal Labor Standards Act or any applicable State minimum wage order. 8 CCR 209 Overtime Provision Overtime shall not interfere with or impair the training and shall not be detrimental to the health and safety of apprentices. 8 CCR 210 Working Conditions Apprentices shall work under and with competent journeymen and/or instructors and shall be assigned to work and learning tasks so that they obtain the diversified training on-the-job provided for in the apprenticeship standards. 62

63 8 CCR 212 Content of Apprenticeship Program Standards Apprenticeship programs shall be established by written standards approved by the Chief DAS under Section In order to be approved, the standards must cover all work performed within the apprenticeable occupation. The standards must contain: (a) A statement of: (1) The occupation(s) and an outline of the work processes in which the apprentice will receive supervised work experience and training on the job, and the allocation of the approximate time to be spent in each major process; (2) The parties to whom the standards apply, the program sponsor's labor market area, as defined by Section 215 appendix 2( l), for purposes of meeting equal employment opportunity goals in apprenticeship training and the program's geographic area of operation as defined by section 205(n); (3) The duties of the apprentice; (4) The apprentice's working conditions unique to the program; (5) The progressively increasing wage, employee benefits and other compensation of the apprentice, as set by Section 208; (6) The ratio of apprentices to journeymen, or the number of apprentices to be employed and the method used to determine the ratio whether by job site, workforce, department or plant; (7) The local education agency which has agreed to provide the related and supplemental instruction, and a description of the courses to be provided; (b) Provisions for: (1) Establishment of an apprenticeship committee, if applicable; (2) Administration of the standards; (3) Establishment of rules and regulations governing the program. An apprenticeship program's standards or rules may provide for a period of probation which may not be for more than the combination of 1,000 hours of employment and 72 hours of related instruction; (4) Determining the qualifications of employers if other than single employer 63

64 programs and an orientation, workshop, or other educational session for employers to explain the apprenticeship program's standards and the operation of the apprenticeship program; (5) Determining the qualifications of apprentice applicants and fair and impartial treatment of applicants for apprenticeship selected through uniform selection procedures, which shall be an addendum to the standards, pursuant to Section 215; (6) The incorporation of the provisions of the standards into the apprentice agreement either directly or by reference; (7) A procedure to be utilized for the recording and maintenance of all records concerning apprenticeship, and otherwise required by law, including a system for recording the apprentice's worksite job progress and progress in related and supplemental instruction, and a system for the periodic review and evaluation of the apprentice's progress in job performance and related instruction; (8) Discipline of apprentices for failure to fulfill their obligations on-the-job or in related instruction, including provisions for fair hearings; (9) Terminating, or recommending the cancellation of, apprentice agreements in accordance with section 207; (10) Recommending issuance of State Certificates of Completion of Apprenticeship pursuant to Section 224; (11) Training and supervision, both on the job and in related instruction, in first aid, safe working practices and the recognition of occupational health and safety hazards; (12) Training in the recognition of illegal discrimination and sexual harassment; (13) Approval of the standards, and revisions to the standards, by the Chief DAS; (14) An adequate mechanism to be used for the rotation of the apprentice from work process to work process to assure the apprentice of complete training in the apprenticeable occupation, including mobility between employers when essential to provide exposure and training in various work processes in the apprenticeable occupation; and an adequate mechanism that will be used to provide apprentices with reasonably continuous employment in the event of a lay-off, or the inability of one employer to provide training in all work processes as outlined in the standards; (15) The on-going evaluation of the interest and capacity of individual employers to participate in the apprenticeship program and to train 64

65 apprentices on-the-job and provisions for the evaluation of on-the-job training and related and supplemental instruction; (16) Compliance with training criteria where such have been adopted pursuant to Section ; and, (17) Meaningful representation of the interests of apprentices in the management of the program, which is shown where: (i) In a joint labor-management sponsored program, the apprentices participating in that program are represented by a labor organization pursuant to one of the following: National Labor Relations Act, the Railway Labor Act, the California Public Employee Relations Act, Agricultural Labor Relations Act, the Meyers-Milias Brown Act; (ii) In a program sponsored by more than one employer or an association of employers, the apprentices participating in that program are at least equally represented on an advisory panel established by the apprenticeship committee responsible for the operation of the program. The apprentices shall be represented on the advisory panel by at least three representatives of the apprentices' choice who shall have full voice and vote on the panel except as to financial matters or matters that relate to the administration or structure of an employee benefit plan or the administration or operation of a trust fund. The representatives of the apprentices shall be selected by way of a secret ballot election among the apprentices conducted by the apprenticeship program not less than once every two (2) years. This advisory panel shall meet not less than once every quarter to address issues and concerns raised by and affecting the apprentices in the program. (c) The names and signatures of the parties. 8 CCR 251 Declaration of Policy A bona fide state training program is defined as one that is approved by the Division of Apprenticeship Standards as being consistent with Labor Code Sections 3090 and 3093 and the applicable provisions of this Code. 8 CCR 252 Definitions (a) Competent evidence as used in Section 259 is a transcript or abstract of the records required to be maintained pursuant to Section 255(b)(5), or an attestation by the training program sponsor stating that all training has been fully completed, on forms to be furnished by the Division of Apprenticeship Standards, 65

66 demonstrating that the training program has been fully completed, certified by the training program sponsor, and endorsed by a representative of the Division of Apprenticeship Standards. (b) Training program sponsor is a joint training committee, a unilateral training committee or the party to a unilateral training program where there is no training committee established or any combination thereof, and may include a school to career partnership. (c) A Training Committee means those persons designated by the sponsor to act for it in the administration of the program. (d) The term trainee means a person at least 16 years of age who has entered into a written agreement called a Trainee Agreement in accordance with Section 3093 of the Labor Code. Prohibited Occupations 8 CCR Prohibited Occupations The following occupations are sufficiently dangerous to the lives and limbs and injurious to the health and morals of children under 16 years of age to justify their exclusion there from: (a) All occupations where such children come in close proximity to moving machinery. (b) All building or construction work of any kind. (c) Delivering goods, merchandise, commodities, papers or packages from motor vehicles. 8 CCR No Child Under 16 Years of Age Shall Work in Prohibited Occupations No child under 16 years of age shall be employed, permitted or suffered to work in any of said occupations. 8 CCR Further Prohibited Occupations The following occupations are sufficiently dangerous to the lives or limbs or injurious to the health or morals of minors under 16 years of age to justify their exclusion there from: All occupations in or about any plant manufacturing explosives or articles containing explosive components, and all occupations in the transportation and sale of explosives or articles containing explosive components. 66

67 8 CCR No Child Under 16 Years of Age Shall Work in Prohibited Occupations No child under 16 years of age shall be employed, permitted or suffered to work in any of said occupation. 8 CCR Scope of Regulations and Definitions For the purpose of these regulations, the term minor shall be defined in accordance with Section 1286(c) of the Labor Code, except that, with respect to the number of hours a minor may be allowed to work, minor shall include those minors under six (6) years of age. 8 CCR Dangerous Activities and Occupations for Minors Under 16 Years of Age Dangerous activities and occupations for minors under 16 years of age are determined to be as follows: (a) Door-to-door selling of newspaper or magazine subscriptions, or of candy, cookies, flowers or other merchandise or commodities, unless the following conditions are met: (1) Minors so engaged work in pairs, as a team, on the same or opposite side of the street; (2) Minors so engaged shall be supervised by an adult supervisor for each crew of ten (10) or fewer minors; (3) Such minors shall be within the sight or sound of the adult supervisor at least once every fifteen (15) minutes; (4) Such minors shall be returned to their respective homes or places of rendezvous daily after each day s work. (b) Selling to passing motorists of newspapers, candy, flowers, or other merchandise or commodities from a fixed location on a street, highway or freeway island or divider, or freeway on or off ramp, or the side of a freeway or highway entrance or exit shoulder. 8 CCR Definition of Door-to-Door Selling Door-to-door selling within the meaning of Section shall include selling by such minors, either alone or in pairs or teams, in parking lots, or malls. 67

68 8 CCR Non-Abridgment of Rights of Regular News Carrier of Newspaper Nothing in Section shall prohibit or abridge the right of a minor to solicit subscriptions to, or to sell newspapers door-to-door, or prohibit or abridge the right of any person to so engage, or employ a minor when such minor is a regular news carrier of such newspaper, and delivers such newspaper on a regular basis to an established readership for a requested consideration. 8 CCR Further Dangerous Activities for Minors Under 16 Years of Age Further dangerous activities for minors under 16 years of age are determined to be as follows: Working in close proximity to explosives or the functioning parts of unguarded and dangerous moving equipment, aircraft or vessels, or of functioning blades or propellers. Employment of Minors in the Entertainment Industry 8 CCR Scope of Regulations and Definitions (a) For the purpose of these regulations the term minors shall be defined in accordance with Section 1286(c) of the Labor Code; except that, with respect to the number of hours a minor may be allowed to work, minor shall include those minors under six (6) years of age. 8 CCR Entertainment Industry Defined; Employment of Minors in the Entertainment Industry (a) The Entertainment Industry, hereinafter referred to as the employer, shall be defined as any organization, or individual, using the services of any minor in: Motion pictures of any type (e.g. film, videotape, etc.), using any format (theatrical film, commercial, documentary, television program, etc.) by any medium (e.g. theater, television, videocassette, etc.); photography; recording; modeling; theatrical productions; publicity; rodeos; circuses; musical performances; and any other performances where minors perform to entertain the public. (b) Any employer in the Entertainment Industry desiring to employ minors in any such work or activity which is not hazardous or detrimental to the health, safety, morals or education of such minors shall make an application to the Division for a Permit to Employ Minors in such work or activity. In determining what is hazardous or detrimental to morals within the meaning of these regulations, due regard shall be given to the acts proscribed by Sections 311 through 314 of the California Penal Code. 68

69 8 CCR Issuance of Permit to Employ Minor The Division of Labor Standards Enforcement (hereinafter called "Division") shall issue a "Permit to Employ Minors" if the conditions as to permissible work or activity, as prescribed by Sections 11701, 11703, 11705, and of this Article, are satisfied. 8 CCR Procedure for Obtaining Entertainment Work Permit by Minor (a) A minor desiring to be employed in the entertainment industry must obtain an Entertainment Work Permit. The application for permit can be obtained at any of the Division s District offices. The minor must provide the information called for on the application, to-wit: his/her name, age, birth date, address, sex, height, weight and color of hair and eyes. In addition, such minor must obtain verification in writing from the appropriate school district of the minor s school record and attendance, and must satisfactorily meet the requirements of that school district with respect to age, school record, attendance and health. Such verification of school record and attendance and proof that the school district s requirements with respect to age, school record, attendance and health have been met must be filed with the Division, concurrently with the filing of the application. Such verification of school record and attendance and proof may be in any form as provided by the school district if reasonably demonstrative of the information required to be furnished by this subsection. The Division may require in appropriate cases a physical examination of the minor to ensure that the minor s physical condition permits the minor to perform the work or activity called for by the Permit to Employ Minor and Entertainment Work Permit. (b) Upon the filing by a minor with the Division of a completed Application for Entertainment Work Permit satisfying the requirements of this Section, the Division shall issue an Entertainment Work Permit to such minor. Such permit shall permit the minor to work only under the conditions prescribed by these regulations and in conformity with all provisions of law governing the working hours, health, safety, morals and other conditions of employment of minors. The permit shall be for a period not to exceed six (6) months, and application for renewal must be made in the same manner and under the same conditions as the original permit. 8 CCR Blanket Permits Blanket permits may be secured by the employer under the following conditions and/or limitations: (a) Groups and organizations of minors may be granted blanket rather than individual permits. (b) Blanket permits shall be valid only for the particular production for which issued 69

70 and only for the periods of time limited therein. (c) Application for a blanket permit must be supported by satisfactory evidence that appropriate services of studio teachers will by provided. Special arrangements may be made for the number of studio teachers required with groups of minors numbering one hundred (100) or more. (d) An application for a blanket permit must be supported by proof that the minors covered by such permits are covered by workers compensation insurance. (e) There must be a parent or guardian for every twenty (20) minors, or fraction thereof. 8 CCR Studio Teacher; Definition and Certification (a) A studio teacher within the meaning of these regulations must be a certificated teacher who holds one California teaching credential listed in paragraphs (1) through (4) of subsection (d) of this section, and one California teaching credential listed in paragraphs (5) through (7) of subsection (d) of this section which are valid and current, and who has been certified by the Labor Commissioner. The teaching credential listed in (5) or (6) of subsection (d) of this section must be in one of the following subject areas: English, Math, Social Science, Science or Foreign Language. (b) Certification by the Labor Commissioner shall be for a maximum three-year period, not to exceed the earliest expiration date of any one of the qualifying teaching credentials submitted in support of certification. A written examination will be required of the studio teacher by the Labor Commissioner at the time of certification or renewal. Such examination shall be designed to ascertain the studio teacher s knowledge of the labor laws and regulations of the State of California, as they apply to the employment of minors in the entertainment industry. In addition, each studio teacher applicant will be required to successfully complete a twelve-hour course of instruction designed by the Labor Commissioner to instruct the applicant in the duties and responsibilities of the studio teacher. Every studio teacher, as a condition of renewal of certification by the Labor Commissioner, must complete three hours of instruction in a class designed by the Labor Commissioner to ensure that the studio teacher remains abreast of any changes in the laws and regulations and duties and responsibilities of the studio teacher. (c) For the purpose of this section: (1) "English" means composition, creative writing, debate, forensics, humanities, journalism, language arts, literature, public speaking, speech (oral communication), writing, and other subjects with content related to English. (2) "Math" means algebra, calculus, geometry, mathematical analysis, number systems, probability and statistics, trigonometry, and other 70

71 subjects with content related to mathematics. (3) "Social Science" means American government and politics, anthropology, comparative government, economics, ethnic studies, European history, geography, government, history, humanities/cultural studies, international politics, psychology, sociology, United States history, world history, and other subjects with content related to social science. (4) "Science" means astronomy, biology, botany, chemistry, conservation, general science, geology, physics, physiology, zoology and other subjects with content related to science. (5) "Foreign Language" means any language other than English. (d) The California teaching credentials which satisfy subsection (a) are as follows: (1) A Multiple Subject credential issued under the provisions of the Teacher Credentialing Law of 1988, Education Code Sections 44200, et seq., as amended (commonly known as the Bergeson Act), or issued under the provisions of the Teacher Preparation and Licensing Act of 1970, Education Code Sections et. seq., (commonly known as the Ryan Act) as amended; (2) An Elementary credential issued under the provisions of the Education Code in effect prior to the enactment of the Ryan Act (former Education Code Sections et seq., commonly known as the Fisher Act; a socalled "Standard Credential"); (3) An Early Childhood Education credential issued under the provisions of the Education Code in effect prior to the enactment of the Ryan Act (former Education Code Sections et seq., commonly known as the Fisher Act; a so-called "Standard Credential"); (4) An Elementary credential issued under the provisions of the Education Code in effect prior to the enactment of the Fisher Act (former Education Code Sections et seq., as amended; a so-called "General Credential"); (5) A Single Subject credential issued under the provisions of the Teacher Credentialing Law of 1988, Education Code Section 44200, et seq., as amended (commonly known as the Bergeson Act), or issued under the provisions of the Teacher Preparation and Licensing Act of 1970, Education Code Sections et seq., (commonly known as the Ryan Act) as amended, in one of the following subject areas: English, Math, Social Science, Science or Foreign Language; (6) A Secondary credential issued under the provisions of the Education Code 71

72 in effect prior to the enactment of the Ryan Act (former Education Code Sections et seq., commonly known as the Fisher Act; a so-called "Standard Credential"), in one of the following subject areas: English, Math, Social Science, Science or Foreign Language; (7) A General Secondary Teaching credential or a Special Secondary Teaching Credential in Speech Arts issued under the provisions of the Education Code in effect prior to the enactment of the Fisher Act (former Education Code Sections et seq., as amended; a so-called "General Credential"). (e) A studio teacher who already possesses a certification by the Labor Commissioner and who possesses only one of the credentials listed in subsections (1) through (7) of subsection (d) above may continue to be certified by the Labor Commissioner, provided that the applicant provides sufficient evidence to the Labor Commissioner that the applicant is currently in the process of obtaining a second credential to meet the requirements of subsection (a) above and such credential is obtained by the applicant no later than December 31, After December 31, 2000, no person shall be permitted to continue to be certified as a studio teacher who has not obtained two credentials of a type provided for in subsections (d) (1), (2), (3), or (4) and subsection (d) (5), (6), or (7) of this section. (f) The Labor Commissioner may issued a special certificate as a studio teacher for a limited purpose where it is shown that a particular child actor may benefit from a particular applicant who may hold credentials of a special nature in order to meet the particular needs of that child actor. Studio teachers holding special certificates do not count toward satisfying the studio teacher to minor ratios specified in Section CCR Filing Schedule (a) Within sixty (60) calendar days of receiving an application, the Labor Commissioner shall inform the applicant in writing that either: (1) The application is complete and accepted for filing, or (2) The application is incomplete, specifying the information required to correct the deficiency. (b) Within forty-five (45) calendar days of accepting a complete application, the Labor Commissioner shall inform the applicant in writing of the decision on the application. (c) The following information is provided pursuant to Government Code Section During the past two years, the Division's time periods for processing an application from the receipt of the initial application to the final issuance or denial of certification were as follows: 72

73 (1) The median time was fifty (50) calendar days; (2) The minimum time was thirty (30) calendar days; (3) The maximum time was one hundred thirty-five (135) calendar days. 8 CCR Use of Studio Teachers Employers shall provide a studio teacher on each call for minors from age fifteen (15) days to their sixteenth (16) birthday (age sixteen [16]), and for minors from age sixteen (16) to age eighteen (18) when required for the education of the minor. One (1) studio teacher must be provided for each group of ten (10) minors or fraction thereof. With respect to minors age fifteen (15) days to age sixteen (16), one (1) studio teacher must be provided for each group of twenty (20) minors or fraction thereof on Saturdays, Sundays, holidays, or during school vacation periods. 8 CCR Studio Teacher s Authority The studio teacher, in addition to teaching, shall also have responsibility for caring and attending to the health, safety and morals of minors under sixteen (16) years of age for whom they have been provided by the employer, while such minors are engaged or employed in an activity pertaining to the entertainment industry and subject to these regulations. In the discharge of these responsibilities, the studio teacher shall take cognizance of such factors as working conditions, physical surroundings, signs of the minor s mental and physical fatigue, and the demands placed upon the minor in relation to the minor s age, ability, strength and stamina. The studio teacher may refuse to allow the engagement of a minor on a set or location and may remove the minor there from, if in the judgment of the studio teacher, conditions are such as to present a danger to the health, safety or morals of the minor. Any such action by the studio teacher may be immediately appealed to the Labor Commissioner who may affirm or countermand such action. 8 CCR Studio Teacher s Remuneration The remuneration of the studio teacher shall be paid by the employer. 8 CCR Employers Taking Minors of Compulsory School Age from California to Work on Location in Another State When minors resident in the State of California and employed by an employer in the entertainment industry located in the State of California, are taken from the State of California to work on location in another state, as part of, and pursuant to, contractual arrangements made in the State of California for their employment in the entertainment industry, the child labor laws of California and the regulations based thereon shall be 73

74 applicable, including, but not limited to, the requirement that a studio teacher must be provided for such minor in accordance with Section CCR Presence of Parents or Guardians of Minors Under 16 Years of Age A parent or guardian of a minor under sixteen (16) years of age must be present with, and accompany, such minor on the set or location and be within sight or sound of said minor at all times. 8 CCR Sanctions for Violation of the Labor Code or Regulations Any misdemeanor violation of any Labor Code provision respecting child labor, or any violation of these regulations may constitute grounds for denying a Permit to Employ Minors in the entertainment industry, or for suspending or revoking any such permit. 8 CCR Other Grounds for Denial, Suspension or Revocation of Permit (a) It shall also constitute grounds for denial of the issuance or renewal, or suspension or revocation or a Permit to Employ Minors in the Entertainment Industry for any permit holder or authorized agent or representative of such holder to discharge or in any manner discriminate against any studio teacher because such studio teacher either: (1) Made any oral or written complaint to the Division or the permit holder, its agents, representatives or employees, that conditions on the set or location were dangerous to the health, safety or morals of minors employed on said set or location; or, (2) Took any action to preclude, suspend or terminate the employment of minors on a set or location for reasons of health, safety, or morals of the minors. 8 CCR Appeal Rights of Permit Holder or Applicant upon Denial, Suspension or Revocation of Permit (a) Any applicant for the issuance or renewal of a Permit to Employ Minors in the Entertainment Industry who has been denied the issuance or renewal thereof, or any permit holder whose permit has been suspended or revoked by a duly authorized representative of the Labor Commissioner may appeal any such action directly to the Labor Commissioner. (b) Before denying, suspending or revoking any such permit hereunder, the Labor Commissioner shall afford the applicant or holder thereof an opportunity to request a hearing. Any such hearing on appeal of a denial of permit or on the proposed suspension or revocation of such permit, shall be conducted in 74

75 accordance with Chapter 5 of Part I of Division 3 of Title 2 of the Government Code (Sections et seq.) and the Labor Commissioner shall have all the powers granted therein. 8 CCR Travel Time for Minors Employed in the Entertainment Industry (a) Except as provided in subsection (b) of this section, all time spent in traveling from a studio to a location, or from a location to a studio shall count as part of the working day of a minor. (b) When a minor with a company on a location which is sufficiently distant to require an overnight stay is required to travel daily between living quarters and the place where the company is actually working, the time spent by the minor in such traveling will not count as work time, provided the company does not spend more than forty-five (45) minutes traveling each way and furnishes the necessary transportation. This is a general rule and subject to reasonable changes by the studio teacher. Factors such as working and transportation conditions, and ages of minors shall be considered by the studio teacher in making any such decision. 8 CCR Working Hours of Minors The amount of time minors are permitted at the place of employment within a twentyfour (24) hour period is limited according to age, as follows: (a) Babies who have reached the age of fifteen (15) days but have not reached the age of six (6) months may be permitted to remain at the place of employment for a maximum of two (2) hours. (1) The day s work shall not exceed twenty (20) minutes and under no conditions shall the baby be exposed to light of greater than one hundred (100) foot candlelight intensity for more than thirty (30) seconds at a time. (2) When babies between the age of fifteen (15) days and six (6) weeks of age are employed, a nurse and a studio teacher must be provided for each three (3) or fewer babies. When infants from age six (6) weeks to six (6) months are employed, one (1) nurse and one (1) studio teacher must be provided for each ten (10) or fewer infants. (b) Minors who have reached the age of six (6) months but who have not attained the age of two (2) years may be permitted at the place of employment for a maximum of four (4) hours. Such four (4)-hour period shall consist of not more than two (2) hours of work: the balance of the four (4)-hour period shall be rest and recreation. (c) Minors who have reached the age of two (2) years but who have not attained the age of six (6) years may be permitted at the place of employment for a maximum 75

76 of six (6) hours. Such six (6)-hour period shall consist of not more than three (3) hours of work; the balance of the six (6)-hour period shall be rest and recreation and/or education. (d) Minors who have reached the age of six (6) years but have not attained the age of nine (9) years may be permitted at the place of employment for a maximum of eight (8) hours. Such eight (8)-hour period shall consist of not more than four (4) hours of work and at least three (3) hours of schooling when the minor s school is in session. The studio teacher shall assure that the minor receives up to one (1) hour of rest and recreation. On days when the minor s school is not in session, working hours may be increased to six (6) hours, with one (1) hour of rest and recreation. (e) Minors who have reached the age of nine (9) years but who have not attained the age of sixteen (16) years may be permitted a the place of employment for a maximum of nine (9) hours. Such nine (9)-hour period shall consist of not more than five (5) hours of work and at least three (3) hours of schooling when the minor s school is in session. The studio teacher shall assure that the minor receives at least one (1) hour of rest and recreation. On days when the minor s school is not in session, working hours may be increased to seven (7) hours, with one (1) hour rest and recreation. (f) Minors who have reached the age of sixteen (16) but who have not attained the age of eighteen (18) years may be permitted at the place of employment for a maximum of ten (10) hours. Such ten (10)-hour period shall consist of not more than six (6) hours of work and at least three (3) hours of schooling when the minor s school is in session, and one (1) hour of rest and recreation. On days when school is not in session, working hours may be increased to not more than eight (8) hours, with one (1) hour of rest and recreation. (g) If emergency situations arise, for example, early morning or night exteriors shot as exteriors, live television or theatrical productions presented after the hours beyond which a minor may not work as prescribed by law, a request may be made to the Labor Commissioner for permission for the minor to work earlier or later than such hours. Each request shall be considered individually by the Division and must be submitted in writing at least forty-eight (48) hours prior to the time needed. (h) When any minor between ages fourteen (14) and eighteen (18) obtains permission from school authorities to work during school hours for a period not to exceed two (2) consecutive days, the working hours for such minor during either or both of such days may be extended to but shall not exceed eight (8) hours in twenty-four (24) hours. (i) Twelve (12) hours must elapse between the minor s time of dismissal and time of call on the following day. If the minor s regular school starts less than twelve (12) hours after his or her dismissal time, the minor must be schooled the following day at the employer s place of business. 76

77 8 CCR Meal Period for Minors All hours for the minor at the place of employment are exclusive of the meal period. The working day may not be extended by a meal period longer than one half (1/2) hours. 8 CCR Minor s General Supervision by Studio Teacher; Minor s Accompaniment by Parent or Guardian Required for Certain Purposes Under Specified Conditions No minor under the age of sixteen (16) may be sent to wardrobe, make-up, hairdressing or employed in any manner unless under the general supervision of a studio teacher. If any such minor is not called to the set but is called for a period up to one (1) hour into wardrobe, make-up, hairdressing, promotional publicity, personal appearances, or for audio recording, when such minor s school is not in session, a studio teacher need not be present but the minor must be accompanied by a parent or guardian. 8 CCR Work Time All time spent in make-up or hairdressing in the homes of minors with the assistance of other persons employed in connection therewith, shall be counted as work time. No make-up person or hairdresser shall be permitted to work on minors at home before 8:30 a.m. In every case, 12 hours must elapse between the time the minor is dismissed on one day and the time make-up or hairdressing begins on the following day. 8 CCR Work Time for Infants - Medical Examination Infants under six (6) months of age shall not be given medical examinations except between the hours of 9:30 a.m. and 11:30 a.m., or between 2:30 p.m. and 4:30 p.m. Work time for said infants shall be limited to one period of two consecutive hours in any one day, and such period must be either between 9:30 a.m. and 11:30 a.m. or between 2:30 p.m. and 4:30 p.m. 8 CCR Care of Children If children are dismissed early and are not to be picked up for several hours, they shall be under the supervision of a teacher-welfare worker until picked up or until such time as they may be placed under the care of some other responsible adult. 8 CCR Penalties for Class A Violations An original violation of a child labor law, rule or regulation designated as a class A violation shall subject the employer, or responsible entity, to a penalty assessment of 77

78 $1, The second citation for a class A violation shall subject the employer, or responsible entity, to a penalty assessment of $2, The third, and each succeeding violation, shall subject the employer, or responsible entity, to a penalty assessment of $5, for the latter violation. Prior violations are such that have not been contested, or that have been upheld on proceedings thereon. In determining penalty assessments, a citation will be considered as referring to a single violation in the class affected at the time the violation cited, regardless of the number of minors in said group at such time. 8 CCR Definition and Penalty for Willful Violation of Class A Type A willful violation cited, of the class A type shall be subject to a penalty assessment of $5, Willful, as defined therein, implies a purpose or willingness to engage, employ, or assign minors to activities proscribed by Labor Code Section 1228(a) and regulations relating thereto. 8 CCR Agricultural Zone of Danger Violations A violation of Labor Code Section shall be considered and acted upon consistent with provisions respecting class A violations. 8 CCR Penalties for Class B Violations An original violation of a child labor law, rule or regulation, designated as a class B violation, shall subject the employer, or responsible entity, to a penalty assessment of $ The second citation for a class B violation shall subject the employer, or responsible entity, to a penalty assessment of $ The third, or more instances of citations for class B violations shall subject the employer, or responsible entity, to a penalty assessment of $ for such further violations. Prior violations are such that have not been contested, or that have been upheld on proceedings thereon. In determining penalty assessments a citation will be considered as referring to a single violation in the class affected at the time the violation is cited, regardless of the number of minors in the group at such time. 8 CCR Definition and Penalty for Willful Violation of Class B Type A willful violation, cited, of the class B type, shall be subject to a penalty assessment of $ Willful, as defined herein, implies a purpose or willingness to engage, employ, or assign minors to activities proscribed by Labor Code Section 1288(b) and regulations related thereto. 8 CCR

79 Definition of Class B Violation A class B violation is a violation of Section 1299 or of the Labor Code, or such other violations which the director, by his designee the Labor Commissioner, determines have a direct or immediate relationship to the health, safety, or security of minor employees, other than class A violations. 8 CCR Violations for Minor Employment in Manufacturing Establishments or Other Places Not Excepted A violation of Labor Code Section 1290 shall be considered and acted upon consistent with provisions respecting class B violations. Section 30.5 of Chapter 144, 1975 Laws, to which chaptered law these regulations apply, states: Notwithstanding Section 2231 of the Revenue and Taxation Code, there shall be no reimbursement pursuant to this section nor shall there be an appropriation made by this act because the Legislature recognizes that during any legislative session a variety of changes to laws relating to crimes and infractions may cause increased and decreased costs to local government entities and school districts which in the aggregate, do not result in significant identifiable cost changes. 8 CCR Request, Notice, and Time of Hearing When a person requests an informal hearing by oral or written communication, on a citation, said person should be given, at least, 3 days notice of the time and place of hearing. Such notice may be given by oral communication, with confirming letter, or, by mail to the address set forth in the citation or by the address designated by the person requesting the hearing. 8 CCR Conduct of Hearing Testimony shall be given under oath. 8 CCR Definition of DIVISION As used herein, the term DIVISION hall mean the DIVISION OF LABOR STANDARDS ENFORCEMENT of the Department of Industrial Relations of the State of California, formerly called DIVISION OF LABOR LAW ENFORCEMENT. 8 CCR Filing of Complaint An employee complaint or claim for wages, penalties or other demand for compensation properly before the DIVISION or the Labor Commissioner, including Orders of the 79

80 Industrial Welfare Commission, under Labor Code Section 98(a) shall be initiated by the filing of a complaint on the form prescribed herein in any District Office of the DIVISION. If the District Office is not the proper office serving the county in which compensation claimed was earned or in which any of the acts complained of was performed, the complaint shall be referred to the proper office of the DIVISION serving said county, for investigation and hearing. 8 CCR Form of Complaint The complaint contemplated by Labor Code Section 98 and filed with the DIVISION shall be in writing. 8 CCR Form of Complaint on Claim from Holder of Dishonored Payroll Check or Draft A complaint on a claim from a holder of a dishonored payroll check or draft, contemplated by Labor Code Section 98 and filed with the DIVISION shall be in writing. 8 CCR Form of Answer The answer which may be filed by the defendant or defendants pursuant to Labor Code Section 98(c) shall be in writing. 8 CCR Conduct of Hearings Hearings by the Labor Commissioner under Sections 98 et seq., of the Labor Code shall be presided over by a Deputy Labor Commissioner. The hearing shall be reported or phonographically recorded. Either party may request a copy of the transcript or recording, and shall bear all costs incidental to the preparation of same. If the record of the hearing is transcribed by any party, a copy thereof shall be provided to the Labor Commissioner free of any charge or cost within five (5) days of such transcription. Proceedings need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. 8 CCR Taking of Evidence Oral evidence shall be taken only on oath or affirmation. Each party shall have the right to call and examine witnesses; to introduce exhibits; to cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination; to impeach any witness regardless of which party first called him (her) to testify; and to rebut the evidence against him (her). 8 CCR

81 Deputy Labor Commissioner's Authority In presiding over a hearing conducted hereunder, the Deputy Labor Commissioner shall control the order of presentation of evidence at the hearing, and direct and rule on matters concerning the conduct of the hearing and of the parties appearing. Prior to a hearing, upon the application of any party to the proceedings, the Deputy Labor Commissioner may issue subpoenas to compel the attendance of necessary witnesses and the production of books and documents. In the exercise of his (her) sound discretion, the Deputy Labor Commissioner may limit the number of witnesses subpoenaed either for the purpose of corroboration or establishing a single material fact in issue, or where the party requesting the subpoena has not furnished satisfactory evidence that the witness will be able to give necessary and competent testimony, material to the issues, at the hearing. 8 CCR Right to Counsel Any party to a proceedings conducted hereunder may, but need not, be represented by counsel. 8 CCR Continuances Continuance of hearing ordinarily will not be granted. The Deputy Labor Commissioner, in the exercise of his (her) sound discretion, may grant a continuance of hearing upon a showing of extraordinary circumstances and good cause for continuance by the party requesting same. 8 CCR Definition of Willful A willful failure to pay wages within the meaning of Labor Code Section 203 occurs when an employer intentionally fails to pay wages to an employee when those wages are due. However, a good faith dispute that any wages are due will preclude imposition of waiting time penalties under Section 203. (a) Good Faith Dispute: A good faith dispute that any wages are due occurs when an employer presents a defense, based in law or fact which, if successful, would preclude any recover on the part of the employee. The fact that a defense is ultimately unsuccessful will not preclude a finding that a good faith dispute did exist. Defenses presented which, under all the circumstances, are unsupported by any evidence, are unreasonable, or are presented in bad faith, will preclude a finding of a good faith dispute. 8 CCR

82 Definitions Employee means anyone engaged, suffered, or permitted to do industrial homework. It shall be the presumption that persons working in their homes for remuneration on articles to be delivered to another person not for his (her) personal or his (her) family's use are employees and not independent contractors. 8 CCR Records (a) Industrial home workers shall keep an accurate count of the hours they work daily, and shall record said hours required in the handbook furnished by the Division of Labor Standards Enforcement. The home worker shall submit regularly to the employer all information regarding hours worked which are required for his (her) records. (b) The record keeping required of an employer of industrial home workers shall include an accurate recording of the hours worked during the pay roll period as reported by each industrial home worker, and these hours shall be posted to the same record as wages. Industrial home workers shall be designated as such on the pay roll records. 8 CCR Preliminary Information Required by Employer (a) Prior to obtaining an industrial homework license, the employer shall submit an application in accordance with Labor Code Section 2665, to the Division of Labor Standards Enforcement on a form supplied by the Division of Labor Standards Enforcement (see Exhibit A). (b) Within 30 calendar days of receipt of an application for a license to employ industrial home workers the Division of Labor Standards Enforcement shall inform the applicant in writing that it is either complete and accepted for filing or that it is deficient and what specific information or documentation is required to complete the application. (c) Within 60 calendar days from the date of filing of a completed application, the Division of Labor Standards Enforcement shall inform the applicant in writing of its decision regarding the application. 8 CCR Inspections (a) Every employer possessing an industrial homework license shall allow any duly authorized representative of the Division of Labor Standards Enforcement free access to his (her) place of business for the purpose of making inspections of, or excerpts from, all books, reports, contracts, pay rolls, documents or papers 82

83 relating to the employment of home workers; or for the purpose of inspecting any articles sent out for industrial homework or samples thereof; or in order to make time studies of work performed in a factory to determine whether the piece rates paid for industrial homework are sufficient to yield the legal minimum wage. (b) Industrial home workers shall permit entry into their homes by duly authorized representatives of the Division of Labor Standards Enforcement possessing a search warrant as defined in Labor Code Section 2656, for the purpose of making investigations as to the home worker's compliance with Sections 2651 and 2661 of the State Labor Code; to inspect articles on which industrial homework is being performed; to check home worker's observance of record keeping requirements; or to make on the home worker's premises, or elsewhere, such time studies of work performance as may be required to determine compliance with legal wage requirements. 8 CCR Revocations of Licenses or Permits If, after investigation the Division of Labor Standards Enforcement, believes that an employer possessing an industrial homework license, or an industrial home worker possessing an industrial homework permit has failed to comply with provisions of the Industrial Homework Act or its rules and regulations, a hearing may be held by the Division of Labor Standards Enforcement to determine whether there has been a violation. Before denying, suspending or revoking any license or permit, the Labor Commissioner shall afford the applicant or holder an opportunity to request a hearing in accordance with Chapter 5 Part I of Division 3 of Title 2 of the Government Code Sections et. seq. Any such hearing on appeal of a denial of a license or permit or on the proposed suspension or revocation of such license or permit, shall be conducted in accordance with Chapter 5 of Part I of Division 3 of Title 2 of the Government Code (Section et seq.) and the Labor Commissioner shall have all the powers granted therein. Written notices of such hearing will be sent to the employer or industrial home worker in question and the license or permit may be revoked upon a finding that there has been such violation. 8 CCR Prohibiting Industrial Homework in the Garment Manufacturing Industry Industrial homework and the distribution of articles for industrial homework by any employer in the garment manufacturing industry is prohibited. 8 CCR Definitions The garment manufacturing industry is defined as follows: All persons engaged in the business of manufacturing garments for wear upon the human body. For the purpose of this order the term garment manufacturing means and includes 83

84 every process, either hand or machine, involved in the manufacture of any or all garments for wear upon the human body, whether such process be applied to fabric, textile, fur, leather, or leather substitute, or other material of a similar nature, and also means to prepare, alter, repair, or finish in whole or in part. Hand knitting is hereby specifically excepted from the operation of this order. Employer means any person who, directly or indirectly or through an employee, agent, independent contractor, or any other person, delivers to another person any materials or articles to be manufactured in a home and thereafter to be returned to him, not for the personal use of himself or of a member of his family. Industrial homework means any manufacture in a home of materials or articles for an employer. Industrial home worker means any person who does industrial homework. All outstanding permits to employers and all outstanding certificates to industrial home workers in the garment manufacturing industry, as defined above, shall be null and void after September 1, 1941, and no permits shall hereafter be issued to employers for the distribution of articles for industrial homework and no certificates shall hereafter be issued to home workers on such articles, except in accordance with the provisions of Sections and CCR Conditions of Employment (a) Work for One Employer Only. An industrial home worker shall be permitted to work for one employer only. (b) Factory Work Prohibited to Home worker. The industrial home worker shall not be employed as a factory worker while he or she holds a homework certificate. (c) Work Distributed Directly to the Home worker. The employer shall distribute and collect all materials and articles free of charge to the home worker. (d) Labels. The employer shall conspicuously affix to each article or material or, if this is impossible, to the package or other container in which such goods are delivered or are to be kept, a label or other mark of identification bearing the employer's name and address, printed or written legibly in English. (e) Limitation of Work. The maximum amount of work which may be given to any industrial home worker in any week shall not exceed the average weekly amount produced by workers working legal hours on similar operations in the shop. (f) Rates Paid to Home workers. On any operation, a female or minor home worker shall be paid a piece-rate sufficient to yield to workers on similar operations in the factory the legally established minimum wage established by the Industrial Welfare Commission. 84

85 (g) Employer's Record: (1) The employer shall keep a record of the name and address of the industrial home worker, of all articles or materials which such home worker has manufactured, the date on which articles or materials are issued to the home worker, a list of articles or materials given out, the kind of work (2) performed on such articles or materials, and the operations to be performed, the piece rates per dozen or per unit paid to the home worker, the date and amount of finished articles or materials returned, the wages paid for each lot of articles or materials returned, and the total weekly payment made to the home worker. Each employer shall, on demand, submit to the Chief of the Division of Industrial Welfare or to her representative a sworn copy of such records, together with such information as the Chief of the Division of Industrial Welfare may in her discretion deem necessary. (2) Any person who does not deliver articles or materials directly to an industrial home worker shall keep the name and address of each agent, distributor, or contractor through whom industrial homework is distributed and of all persons from whom he has received materials or articles to be so manufactured. (h) Home Worker's Record. The home worker shall keep a record on a form issued by the Division of Industrial Welfare on which the home worker shall enter the date on which articles or materials are received by the home worker; a list of all articles or materials received; the kind of work performed on such articles or materials; the piece rates paid per dozen or per unit; the date and amount of finished articles or materials returned; an accurate record of the number of hours worked per day and the total hours worked per week; the total amount received for the work performed during each week; and the date payment was received. All of the above required information shall be certified to by the home worker. Such records shall be the property of the Division of Industrial Welfare and shall be returned to the division not later than the 10th of the month succeeding the month in which the work was performed; or at any time upon demand by the division. (i) Revocation of Certificates and Permits. Industrial homework certificates and permits may be revoked or suspended at any time after the holder has been given reasonable notice and an opportunity to be heard, if, upon investigation, the Chief of the Division of Industrial Welfare finds that the industrial home worker is performing industrial homework contrary to the above conditions or has permitted any person not holding a valid home worker's certificate to assist him or her in performing industrial homework, or that the employer has not complied with the above regulations or any applicable provision of the Labor Code or the orders or regulations of the Industrial Welfare Division. 8 CCR

86 Effect of Invalid Sections Every section or part of this order is declared to be separate and independent of every other section or part and if any section or part of this order is declared invalid, said construction shall not invalidate any of the remaining sections or parts of said order, but the same shall remain in full force and effect as if the invalid portion had never been enacted. 8 CCR Definitions For the purposes of this Subchapter: (a) Any location more than ten miles from the minor's residence, means any point beyond a straight-line radius of ten miles in any direction from the minor's residence. The radius shall be drawn upon a commonly available city or regional road map by placing the point of a compass on the approximate site of the minor's residence and adjusting the compass according to the scale of miles provided on the map. In the event of a dispute over which commonly available city or regional road map should be used for the measurement, the Labor Commissioner shall select the map that will be used as the basis for the measurement. (b) Applicant is a person who applies for a new registration or renewal of a registration pursuant to this Subchapter. (c) Division and Labor Commissioner mean the Division of Labor Standards Enforcement. Labor Commissioner also means the chief of the Division of Labor Standards Enforcement and his or her agents. (d) Door-to-door sales is defined in accordance with Labor Code Section 1286(e) and Section of this Chapter 6. (e) Door-to-door sales operation is broadly construed to mean any activity directly or indirectly associated with the door-to-door sales activity including, but not limited to, the person's business activities, recruitment, or any activity directly or indirectly involving a minor employed or used in door-to-door sales. (f) Employer means a person subject to Labor Code Section and this Subchapter who exercises control, direction or supervision, either directly or indirectly, of minors engaged in door-to-door sales operations. (g) Person means an individual, corporation, partnership, limited liability company, association, or other legal entity. (h) Registrant is a person who has a valid and current registration issued pursuant to this Subchapter. 86

87 (i) Registration means a registration issued pursuant to Labor Code Section or , and/or this Subchapter. (j) Transporter and/or Supervisor means an individual subject to Labor Code Section and this Subchapter. A Transporter and/or Supervisor must be at least eighteen (18) years of age. A Transporter and/or Supervisor includes a person who: (1) recruits, (2) solicits, (3) hires, (4) directs, or (5) controls, directly or indirectly, any activity that facilitates the minor's participation in doorto-door sales operations. A Transporter and/or Supervisor also includes any employer who: (1) recruits, (2) solicits, (3) hires, (4) directs, or (5) controls, directly or indirectly, any activity that facilitates the minor's participation in door-to-door sales operations. 8 CCR Applicability of Subchapter 10 (a) This Subchapter requires any person who employs, transports, or supervises a minor under sixteen (16) years of age in door-to-door sales more than ten (10) miles from the minor's residence to register as either an employer and/or a transporter and/or supervisor with the Labor Commissioner pursuant to Section or of the Labor Code or this Subchapter. (b) Any employer who plans to be a transporter and/or supervisor must have a transporter/supervisor registration in addition to the employer registration. (c) Registration is not required by those exempted by Labor Code Sections (f) and (g): (1) A person, group of individuals, corporation, or other legal entity acting on behalf of a bona fide trustee of charitable assets or on behalf of a charitable organization; (2) A government agency (including a public school); (3) A bona fide cemetery corporation; (4) A bona fide political committee; (5) Or a bona fide charitable corporation organized and operated primarily as a religious organization, educational institution, hospital, or a licensed health care service plan. (d) Labor Code Section excludes from registration a minor's parent or guardian or any person who provides only transportation for hire and is not otherwise involved in the door-to-door sales operation. 87

88 8 CCR Application for Registration (a) A person who employs or uses, transports or supervises a minor under sixteen (16) years of age at any location more than ten (10) miles from the minor's residence in door-to-door sales shall complete the application form provided by the Labor Commissioner entitled Minors' Door-to-Door Sales: Employer, Transporter and Supervisor Application for Registration [form DLSE 453 (New12/96)]. The applicant shall comply with each applicable requirement contained in the application. The application shall be returned with the Department of Justice fingerprint card form BID-7 (5/90), all required accompanying documents and an indication that the applicant has authorized the release of required tax information. (b) The applicant shall sign and submit to the Labor Commissioner a complete application in the original accompanied by the required fee and each additional document required in the application, duly executed. (c) If an applicant fails to comply with any requirement of this Section, the Labor Commissioner shall refuse the application and return it to the applicant in accordance with Section of this Subchapter. (d) A new application is required if the form of the legal entity changes. 8 CCR Filing Schedule for Applications (a) Within sixty (60) calendar days of receiving an application, the Labor Commissioner shall inform the applicant in writing that either: (1) The application is complete and accepted for filing, or (2) The application is incomplete, specifying the information required to correct the deficiency. (i) Within thirty (30) calendar days from the date on the written notice of an incomplete application, the applicant must correct and return the application to the Labor Commissioner. (ii) If the applicant fails to meet this deadline, the application will be rejected, and the applicant shall forfeit the application fee. Following a rejection pursuant to this subdivision, the applicant may submit a subsequent application, which must be accompanied by the required fee. (b) Within forty-five (45) calendar days after accepting a complete application, the Labor Commissioner shall inform the applicant in writing of the decision on the application. 88

89 (c) In the event that the Labor Commissioner fails to reach a permit decision within forty-five (45) calendar days of accepting a complete application, the applicant may appeal to the Labor Commissioner as the chief of the Division of Labor Standards Enforcement in accordance with the following procedure: (1) The appeal shall be in writing and shall be delivered in person or postmarked within fifteen (15) calendar days after the maximum time period specified in subdivision (b) has elapsed. (2) After receiving the appeal, the Labor Commissioner shall determine whether or not the Division exceeded the maximum time limit provided in subdivision (c) with good cause. Good cause pursuant to subdivision (h) of Government Code Section means that: (i) The Division processed 15% more registrations than in the same calendar quarter of the preceding year, or (ii) The Division was required to reply on another public or private entity to process any part of the application and that entity was responsible for the delay. (3) If the Labor Commissioner finds no good cause for the Division's failure to reach a permit decision after no more than forty-five (45) calendar days of accepting a complete application, the Labor Commissioner shall refund the appellant's application fee in full and the Commissioner shall ensure that the appellant's application is expedited without additional delay or any additional fee. (4) If the Labor Commissioner finds good cause for the untimely processing, the Labor Commissioner shall not refund the appellant's application fee or any portion of the fee. (5) A finding on timely processing by the Labor Commissioner shall have no bearing on the sufficiency or the validity of the application, which shall be determined in the same manner as any other application. (d) The following information is provided pursuant to Government Code Section During the past two years, the Division's time periods for processing an application from the receipt of the initial application to the final issuance or denial of certification were as follows: (1) The median time was fifty (50) calendar days; (2) The minimum time was thirty (30) calendar days; (3) The maximum time was one hundred thirty-five (135) calendar days. 89

90 8 CCR Registration Renewal Dates (a) The registration of an employer is valid for a period of one year from the date of issuance unless revoked or suspended. Registration must be renewed annually. An application for renewal of a registration must be submitted at least thirty (30) calendar days prior to expiration of the current registration. (b) The registration of a transporter or supervisor is valid for a period of one year from the date of issuance unless revoked or suspended. Registration must be renewed annually. An application for renewal of a registration must be submitted at least thirty (30) calendar days prior to expiration of the current registration. (c) The registration of an employer with a Transporter/Supervisor authorization is valid for a period of one year from the date of issuance unless revoked or suspended. An application for renewal of a registration must be submitted at least thirty (30) calendar days prior to expiration of the current registration. 8 CCR Change of Address or Doing Business as ( DBA ) Name, Vehicle, or Vehicle License Number (a) Registrants shall report any proposed change of address at least twenty (20) days before such change to the Division of Labor Standards Enforcement, Licensing Unit. Failure to notify the Division of an address change voids the registration. (b) Registrants shall report any proposed change of a doing business as ( dba ) name at least twenty (20) days before such change to the Division of Labor Standards Enforcement, Licensing Unit. Failure to notify the Division of a doing business as ( dba ) name change voids the registration. (c) Registrants shall report any change of vehicle or vehicle license number within twenty (20) days of such change to the Division of Labor Standards Enforcement, Licensing Unit. Failure to notify the Division of a change of vehicle or vehicle license number voids the registration. 8 CCR Registration Void; When (a) Registration of any transporter/supervisor shall become void upon termination of his (her) employment with the employer to whom he (she) is registered, and shall be surrendered to the Labor Commissioner. (b) Registration of any employer shall become void when there is a change of the form of the legal entity or when the employer ceases operations, and shall be surrendered to the Labor Commissioner. 90

91 8 CCR Transfer of a Registration A registrant may not transfer his or her registration to any other person. 8 CCR Suspension and Revocation of Registration and Denial of an Application (a) The Labor Commissioner may revoke or suspend a registration or deny an application for a registration if the registrant or applicant has: (1) Falsified or directed the falsification of any statement in an application or in any document that accompanies the application. (2) Misrepresented or directed another person to misrepresent a significant fact orally or in writing to the minor, the minor's parent or guardian, a member of the public, a school official, a labor investigator, or a law enforcement officer related to: (i) The minor's activity or prospective activity in the door-to-door sales operation, including, but not limited to, the nature of the minor's work activity, its purpose, location, or duration; or (ii) The nature or purpose of the door-to-door sales operation. The misrepresentation may be contained in, but not limited to, an advertisement, brochure, circular, or written or oral agreement, or written or oral statement; or (iii) Any other significant fact concerning the door-to-door sales operation. (3) Violated or willfully aided or abetted a person in the violation of any law or regulation related to door-to-door sales, employment, the payment of wages, health and safety, or the health and morals of a minor, including any law or regulation that prohibits contributing to the delinquency of a minor. (4) Failed to comply with any provision of this Subchapter. (5) Failed to notify the Labor Commissioner in writing of any change in the promotional materials or any work agreement with the minor. (b) If after investigation, the Labor Commissioner determines that the applicant does not possess the requisite character, competency, or responsibility, a registration may be suspended, revoked, or the application denied. 91

92 8 CCR Hearings to Revoke or Suspend a Registration or Deny an Application Before revoking or suspending a registration or denying an application for registration, the Labor Commissioner shall notify the registrant in writing and shall provide an opportunity for hearing in accordance with the following procedures: (a) Revocation or suspension proceedings shall be initiated by the Labor Commissioner by filing an accusation. Denial proceedings shall be initiated by the Labor Commissioner by filing a statement of issues. The accusation or statement of issues, along with a blank notice of request for hearing and a copy of this Section , shall be served on the registrant or applicant either personally or by certified mail. (b) The registrant or applicant may request a hearing by filing a notice of request for hearing with the Labor Commissioner within fifteen (15) calendar days after service of the accusation or statement of issues. If service of the accusation or statement of issues was by certified mail, the period for filing a notice of request for hearing shall be extended in accordance with the provision of Section 1013 of the Code of Civil Procedure. Failure to file a notice of request for hearing within said time shall constitute a waiver of the right to a hearing. (c) A hearing shall be held within sixty (60) calendar days of the filing of a timely notice of request for hearing. The Labor Commissioner shall assign a hearing officer to conduct the hearing and shall deliver or mail to all parties a notice of hearing at least ten (10) calendar days prior to the hearing. (d) Prior to a hearing, upon the application of any party to the proceedings, the hearing officer may issue subpoenas to compel the attendance of necessary witnesses and the production of books, papers, and documents. In the exercise of sound discretion, the hearing officer may decline to issue a subpoena absent satisfactory evidence that the witness will be able to give necessary and competent testimony that is material to the issues or in order to limit the introduction of unduly repetitive evidence. (e) Each party to a hearing shall have the right to appear in person or by counsel; to call and examine witnesses and cross-examine opposing witnesses on any matter relevant to the issues, even though that matter was not covered in the direct examination; to impeach any witness regardless of which party first called the witness to testify; to rebut the evidence against him or her; and to introduce documentary exhibits and other evidence. Oral evidence shall be taken only on oath or affirmation. (f) The Labor Commissioner shall record the hearing on audio tape. A party may have the hearing transcribed by a court reporter if a copy of the transcription is provided to the Labor Commissioner at no charge. (g) The hearing need not be conducted according to the technical rules of evidence. 92

93 Any relevant evidence shall be admitted if it is the sort of evidence on which a responsible person is accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in a civil action. Hearsay evidence may be used to supplement or explain other evidence, but shall not of itself be sufficient to support a finding. (h) The hearing officer in exercising sound discretion, may control the order of presentation of evidence at the hearing, keep out repetitive and cumulative evidence, and otherwise rule on the evidence. (i) Within forty-five (45) calendar days of closing the hearing record, the hearing officer shall issue a written proposed decision and transmit that proposed decision to the Labor Commissioner for review. The proposed decision shall set forth the findings of fact and legal grounds upon which the proposed decision is based. Within fifteen (15) calendar days of the issuance of the proposed decision, the Labor Commissioner shall issue, and serve upon all parties along with a copy of the proposed decision, a final decision, adopting, modifying or rejecting the hearing officer's proposed decision. A final decision modifying or rejecting the proposed decision shall set forth the grounds. (j) A registrant or applicant may seek review of the Labor Commissioner's final decision by filing a petition for a writ of mandate with the appropriate court pursuant to Section of the Code of Civil Procedure. 8 CCR Inspections (a) Every employer, transporter, or supervisor applying for or possessing an Employer or Transporter/Supervisor registration shall allow the Labor Commissioner free access to his or her place of business, vehicle, or place of operation for the purpose of making an inspection of all books, records, and other papers pertaining to the door-to-door sales operation, including: (1) Informing the Labor Commissioner, upon his or her request, of any sales, planning, organizational, motivational, or similar meeting involving a minor and permitting the Labor Commissioner to attend any such meeting in order to ascertain the character, competency, and responsibility of an applicant or registrant; or (2) Providing proof that the applicant or registrant has filed all applicable state and federal income and employment tax forms and owes no outstanding taxes upon the request of the Labor Commissioner in order to ascertain the character, competency, and responsibility of an applicant or registrant; or, (3) Providing any other information deemed relevant by the Labor 93

94 Commissioner upon his or her request in order to ascertain the character, competency, and responsibility of an applicant or registrant. 94

95 Code of Federal Regulations (CFR) U.S. Department of Labor Child Labor Regulations, Orders and Statements of Interpretation 29 CFR Minimum Age Standards (a) All occupations except in agriculture. (1) The Act, in Section 3(1), sets a general 16-year minimum age which applies to all employment subject to its child labor provisions in any occupation other than in agriculture, with the following exceptions: (i) The Act authorizes the Secretary of Labor to provide by regulation or by order that the employment of employees between the ages of 14 and 16 years in occupations other than manufacturing and mining shall not be deemed to constitute oppressive child labor, if and to the extent that the Secretary of Labor determines that such employment is confined to periods which will not interfere with their schooling and to conditions which will not interfere with their health and well-being (see subpart C of this part); and (ii) The Act sets an 18-year minimum age with respect to employment in any occupation found and declared by the Secretary of Labor to be particularly hazardous for the employment of minors of such age or detrimental to their health or well-being (see Subpart E of this part). (2) The Act exempts from its minimum age requirements the employment by a parent of his own child, or by a person standing in place of a parent of a child in his custody, except in occupations to which the 18-year age minimum applies and in manufacturing and mining occupations. (b) Occupations in agriculture: The Act sets a 16-year age minimum for employment in agriculture during school hours for the school district in which the employed minor is living at the time, and also for employment in any occupation in agriculture that the Secretary of Labor finds and declares to be particularly hazardous except where such employee is employed by his parent or by a person standing in the place of his parent on a farm owned or operated by such parent or person (see Subpart E-1 of this part). There is a minimum age requirement of 14 years generally for employment in agriculture outside school hours for the school district where such employee is living while so employed. However, (1) a minor 12 or 13 years of age may be so employed with written consent of his parent or person standing in place of his parent, or may work on a farm where such parent or person is also employed; and, (2) a minor under 12 years of age may be employed by his parent or by a person standing in place of his parent on a farm owned or operated by such parent or person, or may be 95

96 employed with consent of such parent or person on a farm where all employees are exempt from the minimum wage provisions by virtue of section 13(a)(6)(A) of the Act. Employment of Minors Between 14 and 16 Years of Age 29 CFR Determination The employment of minors between 14 and 16 years of age in the occupations, for the periods, and under the conditions hereafter specified does not interfere with their schooling or with their health and well-being and shall not be deemed to be oppressive child labor. In all occupations covered by this subpart the employment (including suffering or permitting to work) by an employer of minor employees between 14 and 16 years of age, for the periods and under the conditions specified in Section , shall not be deemed to be oppressive child labor within the meaning of the Fair Labor Standards Act of CFR Occupations This subpart shall apply to all occupations other than the following: (a) Manufacturing, mining, or processing occupations, including occupations requiring the performance of any duties in work rooms or work places where goods are manufactured, mined, or otherwise processed; (b) Occupations which involve the operation or tending of hoisting apparatus or of any power-driven machinery other than office machines; (c) The operation of motor vehicles or service as helpers on such vehicles; (d) Public messenger service; (e) Occupations which the Secretary of Labor may, pursuant to section 3(1) of the Fair Labor Standards Act and Reorganization Plan No. 2, issued pursuant to the Reorganization Act of 1945, find and declare to be hazardous for the employment of minors between 16 and 18 years of age or detrimental to their health or well-being; (f) Occupations in connection with: (1) Transportation of persons or property by rail, highway, air, water, pipeline, or other means; (2) Warehousing and storage; 96

97 (3) Communications and public utilities; (4) Construction (including demolition and repair); except such office (including ticket office) work, or sales work, in connection with paragraphs (f)(1), (2), (3), and (4) of this section, as does not involve the performance of any duties on trains, motor vehicles, aircraft, vessels, or other media of transportation or at the actual site of construction operations. 29 CFR Occupations in Retail, Food Service, and Gasoline Service Establishments (a) This subpart shall apply to the following permitted occupations for minors between the ages of 14 and 16 employed by retail, food service, and gasoline service establishments. (1) Office and clerical work, including the operation of office machines; (2) Cashiering, selling, modeling, art work, work in advertising departments, window trimming, and comparative shopping; (3) Price marking and tagging by hand or by machine, assembling orders, packing and shelving; (4) Bagging and carrying out customers' orders; (5) Errand and delivery work by foot, bicycle, and public transportation; (6) Clean-up work, including the use of vacuum cleaners and floor waxers, and maintenance of grounds, but not including the use of power-driven mowers, or cutters; (7) Kitchen work and other work involved in preparing and serving food and beverages, including the operation of machines and devices used in the performance of such work, such as but not limited to, dish-washers, toasters, dumbwaiters, popcorn poppers, milk shake blenders, and coffee grinders; (8) Work in connection with cars and trucks if confined to the following: Dispensing gasoline and oil; courtesy service; car cleaning, washing and polishing; and other occupations permitted by this section, but not including work involving the use of pits, racks, or lifting apparatus, or involving the inflation of any tire mounted on a rim equipped with a removable retaining ring. (9) Cleaning vegetables and fruits, and wrapping, sealing, labeling, weighing, pricing and stocking goods when performed in areas physically separate from those where the work described in paragraph (b)(7) of this section is performed; 97

98 (b) Paragraph (a) of this section shall not be construed to permit the application of this subpart to any of the following occupations in retail, food service, and gasoline service establishments: (1) All occupations listed in Section , except occupations involving processing, operation of machines and work in rooms where processing and manufacturing take place which are permitted by paragraph (a) of this section; (2) Work performed in or about boiler or engine rooms; (3) Work in connection with maintenance or repair of the establishment, machines or equipment; (4) Outside window washing that involves working from windowsills, and all work requiring the use of ladders, scaffolds, or their substitutes; (5) Cooking (except at soda fountains, lunch counters, snack bars, or cafeteria serving counters) and baking; (6) Occupations which involve operating, setting up, adjusting, cleaning, oiling, or repairing power-driven food slicers and grinders, food choppers, and cutters, and bakery-type mixers; (7) Work in freezers and meat coolers and all work in the preparation of meats for sale except as described in paragraph (a)(9) of this section; (8) Loading and unloading goods to and from trucks, railroad cars, or conveyors; (9) All occupations in warehouses except office and clerical work. 29 CFR Periods and Conditions of Employment (a) Except as provided in paragraph (b) of this section, employment in any of the occupations to which this subpart is applicable shall be confined to the following periods: (1) Outside school hours; (2) Not more than 40 hours in any 1 week when school is not in session; (3) Not more than 18 hours in any 1 week when school is in session; (4) Not more than 8 hours in any 1 day when school is not in session; (5) Not more than 3 hours in any 1 day when school is in session; 98

99 (6) Between 7 a.m. and 7 p.m. in any 1 day, except during the summer (June 1 through Labor Day) when the evening hour will be 9 p.m. b) In the case of minors 14 and 15 years of age who are employed to perform sports-attending services at professional sporting events, i.e., baseball, basketball, football, soccer, tennis, etc., the requirements of paragraphs (a)(2) through (a)(6) of this section shall not apply, provided that the duties of the sports-attendant occupation consist of pre- and post-game or practice setup of balls, items and equipment; supplying and retrieving balls, items and equipment during a sporting event; clearing the field or court of debris, moisture, etc. during play; providing ice, drinks, towels, etc., to players during play; running errands for trainers, managers, coaches, and players before, during, and after a sporting event; and returning and/or storing balls, items and equipment in club house or locker room after a sporting event. For purposes of this exception, impermissible duties include grounds or field maintenance such as grass mowing, spreading or rolling tarpaulins used to cover playing areas, etc.; cleaning and repairing equipment; cleaning locker rooms, showers, lavatories, rest rooms, team vehicles, club houses, dugouts or similar facilities; loading and unloading balls, items, and equipment from team vehicles before and after a sporting event; doing laundry; and working in concession stands or other selling and promotional activities. 29 CFR a Work Experience and Career Exploration Programs (a) This section varies some provisions of this subpart for the employment of minors between 14 and 16 years of age who are enrolled in and employed pursuant to a school-supervised and school-administered work-experience and career exploration program which meets the requirements of paragraph (b) of this section, in the occupations permitted under paragraph (c) of this section, and for the periods and under the conditions specified in paragraph (d) of this section. With these safeguards, such employment is found not to interfere with the schooling of the minors or with their health and well-being and therefore is not deemed to be oppressive child labor. (b) (1) A school-supervised and school-administered work-experience and career exploration program shall meet the educational standards established and approved by the State Educational Agency in the respective State. (2) The State Educational Agency shall file with the Administrator of the Wage and Hour Division a letter of application for approval of a State program as one not interfering with schooling or with the health and well-being of the minors involved and therefore not constituting oppressive child labor. The application must include information concerning the criteria listed in paragraph (b)(3) of this section. The Administrator of the Wage and Hour Division shall approve the application, or give prompt notice of any denial and the reasons therefore. 99

100 (3) The criteria to be used in consideration of applications are the following: (i) Eligibility: Any student aged 14 or 15 years who authoritative local school personnel identify as being able to benefit from the program shall be eligible to participate. (ii) Credits: Students shall receive school credits for both in-school related instruction and on-the-job experience. (iii) Size: Each program unit shall be a reasonable size. A unit of 12 to 25 students to one teacher-coordinator would be generally considered reasonable. Whether other sizes are reasonable would depend upon the individual facts and circumstances involved. (iv) Instructional schedule: There shall be (a) allotted time for the required classroom instruction in those subjects necessary for graduation under the State's standards and (b) regularly scheduled classroom periods of instruction devoted to job-related and to employability skill instruction. (v) Teacher-coordinator: Each program unit shall be under the supervision of a school official to be designated for the purpose of the program as a teacher-coordinator, who shall generally supervise the program and coordinate the work and education aspects of the program and make regularly scheduled visits to the work stations. (vi) Written training agreement: No student shall participate in the program until there has been made a written training agreement signed by the teacher-coordinator, the employer, and the student. The agreement shall also be signed or otherwise consented to by the student's parent or guardian. (vii) Other provisions: Any other provisions of the program providing safeguards ensuring that the employment permitted under this section will not interfere with the schooling of the minors or with their health and well-being may also be submitted for use in consideration of the application. (4) Every State Educational Agency having students in a program approved pursuant to the requirements of this section shall comply with the following: (i) Permissible occupations: No student shall be assigned to work in any occupation other than one permitted under paragraph (c) of this section. 100

101 (ii) Records and reports: The names and addresses of each school enrolling work experience and career exploration program students and the number of enrollees in each unit shall be kept at the State Educational Agency office. A copy of the written training agreement for each student participating in the program shall be kept in the State Educational Agency office or in the local educational office. The records required for this paragraph shall be kept for a period of 3 years from the date of enrollment in the program and shall be made available for inspection or transcription to the representatives of the Administrator of the Wage and Hour Division. (c) Employment of minors enrolled in a program approved pursuant to the requirements of this section shall be permitted in all occupations except the following: (1) Manufacturing and mining (2) Occupations declared to be hazardous for the employment of minors between 16 and 18 years of age in subpart E of this part, and occupations in agriculture declared to be hazardous for employment of minors below the age of 16 in subpart E-1 of this part. (3) Occupations other than those permitted under Sections and , exception approval of a variation by the Administrator of the Wage and Hour Division in acting on the program application of the State Educational Agency. The Administrator shall have discretion to grant requests for special variations if the applicant demonstrates that the activity will be performed under adequate supervision and training (including safety precautions) and that the terms and conditions of the proposed employment will not interfere with the health or well-being or schooling of the minor enrolled in an approved program. The granting of a special variation is determined on a case-by-case basis. (i) The Administrator's decision on whether to grant a special variation will be based on information provided in the application filed by the State Educational Agency, and/or any supplemental information that may be requested by the Administrator. (ii) The Administrator's decision shall be in writing, and may designate specific equipment safeguards or other terms and conditions governing the work-activity approved by variation. If the request is denied, in whole or part, the reason(s) for the decision will be provided to the applicant, who may request reconsideration. (iii) A special variation will be valid only during the period covered by an approved program, and must be renewed with the filing of a new program application. 101

102 (iv) The Administrator shall revoke or deny a special variation, in whole or in part, where there is reason to believe that program participants have been or will be employed contrary to terms and conditions specified for the variation, or these regulations, other provisions of the FLSA, or otherwise in conditions detrimental to their health or well-being or schooling. (v) Requests for special variations and related documentation will be available for examination in the Branch of Child Labor and Polygraph Standards, Wage and Hour Division, Room S3510, 200 Constitution Avenue, NW, Washington, DC Any interested person may oppose the granting of a special variation or may request reconsideration or revocation of a special variation. Such requests shall set forth reasons why the special variation should be denied or revoked. (d) Employment of minors enrolled in a program approved pursuant to the requirements of this section shall be confined to not more than 23 hours in any 1 week when school is in session and not more than 3 hours in any day when school is in session, any portion of which may be during school hours. Insofar as these provisions are inconsistent with the provisions of Section , this section shall be controlling. (e) The employment of a minor enrolled in a program pursuant to the requirements of this section must not have the effect of displacing a worker employed in the establishment of the employer. (f) Programs shall be in force and effect for a period of two (2) school years from the date of their approval by the Administrator of the Wage and Hour Division. A new application for approval must be filed at the end of that period. Failure to meet the requirements of this section may result in withdrawal of approval. (The information collection requirements contained in paragraphs B [3][vi] and [4] were approved by the Office of Management and Budget under control number ) 29 CFR Certificates of Age; Effect The employment of any minor in any of the occupations to which this subpart is applicable, if confined to the periods specified in Section , shall not be deemed to constitute oppressive child labor within the meaning of the act if the employer shall have on file an unexpired certificate, issued in substantially the same manner as that provided for the issuance of certificates in subpart A of this part relating to certificates of age, certifying that such minor is of an age between 14 and 16 years. 29 CFR Effect on Other Laws No provision of this subpart shall under any circumstances justify or be construed to 102

103 permit noncompliance with the wage and hour provisions of the act or with the provisions of any other Federal law or of any State law or municipal ordinance establishing higher standards than those established under this subpart. Occupations Particularly Hazardous for the Employment of Minors Between 16 and 18 Years of Age, or Detrimental to their Health or Well-Being 29 CFR General Authority: Sections 3, 18, 52 Stat. 1060, 1069; 29 U.S.C. 203, 218. Note: The provisions of this subpart declaring certain occupations to be particularly hazardous for the employment of minors between 16 and 18 years of age, or detrimental to their health or well-being do not apply to employment in agriculture. (a) Higher standards: Nothing in this subpart shall authorize non- compliance with any Federal or State law, regulation, or municipal ordinance establishing a higher standard. If more than one standard within this subpart applies to a single activity the higher standard shall be applicable. (b) Apprentices: Some sections in this subpart contain an exemption for the employment of apprentices. Such an exemption shall apply only when: (1) the apprentice is employed in a craft recognized as an apprenticeable trade; (2) the work of the apprentice in the occupations declared particularly hazardous is incidental to his training; (3) such work is intermittent and for short periods of time and is under the direct and close supervision of a journeyman as a necessary part of such apprentice training; and, (4) the apprentice is registered by the Bureau of Apprenticeship and Training of the United States Department of Labor as employed in accordance with the standards established by that Bureau, or is registered by a State agency as employed in accordance with the standards of the State apprenticeship agency recognized by the Bureau of Apprenticeship and Training, or is employed under a written apprenticeship agreement and conditions which are found by the Secretary of labor to conform substantially with such Federal or State standards. (c) Student-learners: Some sections in this subpart contain an exemption for the employment of student-learners. Such an exemption shall apply when: (1) The student-learner is enrolled in a course of study and training in a cooperative vocational training program under a recognized state or local educational authority or in a course of study in a substantially similar program conducted by a private school and; (2) Such student-learner is employed under a written agreement which provides: (i) That the work of the student-learner in the occupations declared particularly hazardous shall be incidental to his training; 103

104 (ii) That such work shall be intermittent and for short periods of time, and under the direct and close supervision of a qualified and experienced person; (iii) That safety instructions shall be given by the school and correlated by the employer with on-the-job training; and, (iv) That a schedule of organized and progressive work processes to be performed on the job shall have been prepared. Each such written agreement shall contain the name of student-learner, and shall be signed by the employer and the school coordinator or principal. Copies of each agreement shall be kept on file by both the school and the employer. This exemption for the employment of student-learners may be revoked in any individual situation where it is found that reasonable precautions have not been observed for the safety of minors employed. A high school graduate may be employed in an occupation in which he has completed training as provided in this paragraph as a student-learner, even though he is not yet 18 years of age. 104

105 California Education Code (EC) EC Power to Sue, Be Sued, Hold and Convey Property In the name by which the district is designated the governing board may sue and be sued, and hold and convey property for the use and benefit of the school district. EC Claims Against Districts; Applicability of Government Code All claims for money or damages against a school district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title 1 of the Government Code, except as provided therein, or by other statutes or regulations expressly applicable thereto. EC Contract With Attorney in Private Practice or Use of Administrative Adviser The governing board of any school district may contract for the services of an attorney in private practice, as an employee or independent contractor, or utilize an administrative adviser for whatever purpose the governing board deems appropriate, and compensation of this attorney pursuant to contract shall be a proper use of school district funds. For purposes of this section, an attorney in private practice includes a sole practitioner, partnership, or professional corporation. EC Contract for Legal Services The governing board of any school district may contract with a qualified attorney in private practice to provide legal services and compensation of this attorney in private practice pursuant to contract under this section shall be a proper use of school district funds. EC Hearing officers The governing board of any school district, may contract for the services of a hearing officer pursuant to the provisions of Chapter 14 (commencing with Section 27720), Part 3, Division 2, Title 3 of the Government Code and, for purposes of that chapter, the governing board is deemed to be a local body and the school district a local public entity. EC Liability Insurance (a) The governing board of any school district shall insure against: 105

106 (1) The liability, other than a liability which may be insured against under the provisions of Division 4 (commencing with Section 3200) of the Labor Code, of the district for damages for death, injury to person, or damage or loss of property; and (2) The personal liability of the members of the board and of the officers and employees of the district for damages for death, injury to a person, or damage or loss of property caused by the negligent act or omission of the member, officer or employee when acting within the scope of his office or employment. (b) The insurance may be written in any insurance company authorized to transact the business of insurance in the state, or in a non-admitted insurer to the extent and subject to the conditions prescribed by Section 1763 of the Insurance Code. (c) Nothing in this section is intended to limit or restrict the authority of the district to insure under Part 6 (commencing with Section 989) of Division 3.6 of Title 1 of the Government Code. EC Participation in On-the-Job Work Experience Education by Continuing Education Pupils Notwithstanding any other provision of law, participation in on-the-job work experience education by a pupil enrolled in continuation education shall not be included in the determination of that pupil s total days of attendance for the purposes of calculating average daily attendance pursuant to subdivision (a) of Section unless the pupil is 18 years of age or less or has been continuously enrolled in a kindergarten to grade 12 programs since his or her 18th birthday. EC Personnel File Contents and Inspection (a) Every employee has the right to inspect personnel records pursuant to Section of the Labor Code. (b) In addition to subdivision (a), all of the following shall apply to an employee of a school district: (1) Information of a derogatory nature shall not be entered into an employee's personnel records unless and until the employee is given notice and an opportunity to review and comment on that information. The employee shall have the right to enter, and have attached to any derogatory statement, his or her own comments. The review shall take place during normal business hours and the employee shall be released from duties for this purpose without salary reduction. (2) The employee shall not have the right to inspect personnel records at a time when the employee is actually required to render services to the district. 106

107 (3) A non-credentialed employee shall have access to his or her numerical scores obtained as a result of a written examination. (4) Except as provided in paragraph (3), nothing in this section shall entitle an employee to review ratings, reports, or records that: (A) were obtained prior to the employment of the person involved; (B) were prepared by identifiable examination committee members; or, (C) were obtained in connection with a promotional examination. EC Minimum School Day; Grades 4 8 The minimum schoolday in grades 4, 5, 6, 7, and 8 in elementary schools, and in special day and evening classes of an elementary school district, except in opportunity schools, classes, or programs, is 240 minutes. EC Specified Vocational Education Program; Attendance Any school district which was credited with attendance of pupils pursuant to Section under a vocational education program occupationally organized and conducted under federal approval in , other than a regional occupational program or regional occupational center, may request the county superintendent of schools to increase the district base revenue limit for fiscal year and fiscal years thereafter by the amount of revenue received on account of such vocational education attendance in The county superintendent, upon verification of such amounts, shall adjust the district's base revenue limit. As a clarification of the intent of the law, a district, which had not submitted attendance documents of pupils pursuant to Section under a vocational education program occupationally organized and conducted under federal approval in , other than a regional occupational program or regional occupational center, at the time the attendance reports were originally due, shall not have the right at a later date to submit amended attendance documents to have credited this attendance. EC Minimum School Day The minimum school day in any high school, except in an evening high school, a regional occupational center, an opportunity school and in opportunity classes, a continuation high school, in continuation education 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 a work experience education program approved under the provisions of Article 7 (commencing with Section 51760) of Chapter 5 of Part 28 of this division, is 240 minutes. 107

108 EC Minimum School Day; Junior High or High School (a) The minimum school day in any junior high school or high school described in Section may be computed by determining the number of minutes of attendance in any two consecutive school days and dividing that number by two. If the resulting quotient is 240 or more, the pupils shall be deemed to have complied with Section 46141, even if the number of minutes attended in any one schoolday is less than 240, but not less than 180. (b) No computation authorized by this section shall result in any increase in state apportionments. EC Minimum School Day for Vocational Training and Work Experience Programs Exception The minimum day in special day or Saturday vocational training programs and for pupils enrolled in a work experience education program approved under Article 7 (commencing with Section 51760) of Chapter 5 of Part 28, except pupils enrolled in a continuation school or class pursuant to Section 48402, is four periods totaling at least 180 minutes in duration. EC Minimum Required Courses Per Semester or Quarter; Average Daily Attendance Allowed; Exceptions Commencing with the first semester or quarter that begins after January 1, 1984, pupils in grade 12 shall be enrolled in at least five courses each semester or the equivalent number of courses per quarter. If any pupil in grade 12 is required by medical prescription to attend school for less than five courses during the semester or the equivalent number of courses during the quarter, the average daily attendance allowed for that pupil's attendance shall bear the same proportion to one day of attendance as the number of courses in which the pupil is enrolled bears to five or the equivalent number for the quarter system. However, this requirement shall not apply to pupils enrolled in regional occupational programs, regional occupational centers, courses at accredited postsecondary educational institutions, independent study, special education programs where the pupil's individualized education program establishes a different number of courses, continuation education classes, work experience education programs approved under the provisions of Article 7 (commencing with Section 51760) of Chapter 5 of Part 28, or any other course of study authorized by the governing board which is equivalent to the approved high school course of study. 108

109 EC Day of Attendance; 180-Minute Minimum School Day; Part-Time College or University Attendance; Reporting (a) A day of attendance in grades 11 and 12 is 180 minutes of attendance if the pupil is also enrolled part-time in classes of the California State University or the University of California for which academic credit will be provided upon satisfactory completion of enrolled courses. (b) A day of attendance for any pupil who is also a special part-time student enrolled in a community college under Article 1 (commencing with Section 48800) of Chapter 5 of Part 27 and who will receive academic credit upon satisfactory completion of enrolled courses is 180 minutes of attendance. (c) Notwithstanding any other provisions of law, for purposes of computing the average daily attendance of a pupil described in subdivision (a) or (b), the 180- minute minimum school day permitted by this section shall be computed and reported as attendance for three-quarters of the full 240-minute minimum schoolday prescribed by Section Commencing with the fiscal year, if a pupil described in subdivision (a) or (b) is in attendance for more than 180 minutes, the average daily attendance of the pupil shall be computed and reported by determining the percentage of the full 240-minute minimum schoolday prescribed by Section that the pupil was in attendance at the school. No more than one full day of attendance may be reported for any pupil for any schoolday pursuant to this subdivision. EC Exemption for Certain Pupils in Grade 12 to Attend Less Than Minimum School Day Notwithstanding the 180-minute minimum day requirement of Section 46144, the governing board of any school district may permit a 12th-grade pupil in his or her last semester or quarter, as the case may be, before graduation, who is enrolled in a work experience education program approved under the provisions of Article 7 (commencing with Section 51760) of Chapter 5 of Part 28 and who would complete all of the requirements for graduation by attending high school, except courses of physical education, for less than 180 minutes each day, to attend high school for less than a minimum day of 180 minutes, upon the written request of a parent or legal guardian or upon his or her own request if the pupil is 18 years of age or over. If a pupil attends classes for less than 180 minutes per day pursuant to this section, the number of minutes actually attended per day shall be rounded down to the nearest multiple of 60. The average daily attendance allowed for that pupil's attendance shall bear the same proportion to one day of attendance as the number of minutes of attendance per day bears to

110 EC Minimum School Week; Junior High Schools and High Schools Notwithstanding any other provision of law, the governing board of a school district which maintains a junior high school or high school may schedule classes in such schools so that each pupil attends classes for at least 1,200 minutes during any fiveschool day period. Under such a schedule, any pupil may be authorized to attend school for less than the total number of days in which the school is in session during a week as long as he attends the required number of minutes per five-schoolday period. Computations authorized by this section shall not result in an increase in state apportionments to a school district. EC Compliance with Attendance Requirements If a pupil attends classes pursuant to a schedule adopted under the authority of this chapter, he shall be deemed to have complied with all of the requirements of this code relating to school attendance. EC Minimum School Day for Continuation Education In continuation high schools and continuation education classes, a day of attendance is 180 minutes of attendance but no pupil shall be credited with more than 15 hours of attendance per school week proportionately reduced for those school weeks having weekday holidays on which classes are not held. EC Minimum Day for Opportunity School; Attendance The minimum day in an opportunity school or opportunity class is 180 minutes. A pupil may be enrolled in an opportunity program for not less than a class period of the school, nor more than 179 minutes per day. Attendance for a pupil enrolled in an opportunity program shall be credited to the regular class attendance. A pupil who is enrolled in both an opportunity program and a regular school, shall attend school for a period of time not less than the minimum schoolday required for the grade level in which he is enrolled. EC Method of Computing Average Daily Attendance (a) In computing average daily attendance of a school district or county office of education, there shall be included the attendance of pupils while engaged in educational activities required of those pupils and under the immediate supervision and control of an employee of the district or county office who 110

111 possessed a valid certification document, registered as required by law. (b) (1) For the purposes of a work experience education program in a secondary school that meets the standards of the California State Plan for Vocational Education, immediate supervision, in the context of off-campus work training stations, means pupil participation in on-the-job training as outlined under a training agreement, coordinated by the school district under a state-approved plan, wherein the employer and certificated school personnel share the responsibility for on-the-job supervision. (2) The pupil-teacher ratio in a work experience program shall not exceed 125 pupils per full-time equivalent certificated teacher coordinator. Notwithstanding Section 52033, this ratio may be waived by the State Board of Education pursuant to Article 3 (commencing with Section 33050) of Chapter 1 of Part 20 under criteria developed by the State Board of Education. (3) A pupil enrolled in a work experience program shall not be credited with more than one day of attendance per calendar day, and shall be a full-time pupil enrolled in regular classes that meet the requirements of Section or (c) (1) For purposes of the rehabilitative schools, classes, or programs described in Section that require immediate supervision, immediate supervision means that the person to whom the pupil is required to report for training, counseling, tutoring, or other prescribed activity shares the responsibility for the supervision of the pupils in the rehabilitative activities with certificated personnel of the district. (2) A pupil enrolled in a rehabilitative school, class, or program shall not be credited with more than one day of attendance per calendar day. (d) (1) For the purposes of computing the average daily attendance of pupils engaged in the educational activities required of high school pupils who are also enrolled in a regional occupational center or regional occupational program, the school district shall receive proportional average daily attendance credit for those educational activities that are less than the minimum schoolday, pursuant to regulations adopted by the State Board of Education; however, none of that attendance shall be counted for purposes of computing attendance pursuant to Section (2) A school district shall not receive proportional average daily attendance credit pursuant to this subdivision for any pupil in attendance for less than 145 minutes each day. (3) The divisor for computing proportional average daily attendance pursuant to this subdivision is 240, except that, in the case of a pupil excused from physical education classes pursuant to Section 52316, the divisor is

112 (4) Notwithstanding any other provision of law, travel time of pupils to attend a regional occupational center or regional occupational program shall not be used in any manner in the computation of average daily attendance. (e) (1) In computing the average daily attendance of a school district, there shall also be included the attendance of pupils participating in independent study conducted pursuant to Article 5.5 (commencing with Section 51745) of Chapter 5 of Part 28 for five or more consecutive schooldays. (2) A pupil participating in independent study shall not be credited with more than one day of attendance per calendar day. (f) For purposes of cooperative vocational education programs and community classrooms described in Section , immediate supervision means pupil participation in paid and unpaid on-the-job experiences, as outlined under a training agreement and individualized training plans wherein the supervisor of the training site and certificated school personnel share the responsibility for the supervision of on-the-job experiences. (g) In computing the average daily attendance of a school district, there shall be included the attendance of pupils in kindergarten after they have completed one school year in kindergarten only if the school district has on file for each of those pupils an agreement made pursuant to Section 48011, approved in form and content by the State Department of Education and signed by the pupil s parent or guardian, that the pupil may continue in kindergarten for not more than an additional school year. EC Citation of Part This part shall be known, and may be cited, as the Charter Schools Act of EC Legislative Intent It is the intent of the Legislature, in enacting this part, to provide opportunities for teachers, parents, pupils, and community members to establish and maintain schools that operate independently from the existing school district structure, as a method to accomplish all of the following: (a) Improve pupil learning (b) Increase learning opportunities for all pupils, with special emphasis on expanded learning experiences for pupils who are identified as academically low achieving (c) Encourage the use of different and innovative teaching methods (c) Create new professional opportunities for teachers, including the opportunity to 112

113 be responsible for the learning program at the school-site (e) Provide parents and pupils with expanded choices in the types of educational opportunities that are available within the public school system (f) Hold the schools established under this part accountable for meeting measurable pupil outcomes, and provide the schools with a method to change from rulebased to performance-based accountability systems (g) Provide vigorous competition within the public school system to stimulate continual improvements in all public schools EC Limitation on Number; Report on Effectiveness; Private Schools (a) (1) In the school year, the maximum total number of charter schools authorized to operate in this state shall be 250. In the school year, and in each successive school year thereafter, an additional 100 charter schools are authorized to operate in this state each successive school year. For the purposes of implementing this section, the State Board of Education shall assign a number to each charter petition that it grants pursuant to subdivision (j) of Section and to each charter notice it receives pursuant to subdivision (i) and paragraph (5) of subdivision (j) of Section 47605, based on the chronological order in which the notice is received. The limits contained in this paragraph may not be waived pursuant to Section or any other provision of law. (2) By July 1, 2003, the Legislative Analyst shall, pursuant to the criteria in Section , report to the Legislature on the effectiveness of the charter school approach authorized under this part and recommend whether to expand or reduce the annual rate of growth of charter schools authorized pursuant to this section. (b) No charter shall be granted under this part that authorizes the conversion of any private school to a charter school. No charter school shall receive any public funds for a pupil if the pupil also attends a private school that charges the pupil's family for tuition. The State Board of Education shall adopt regulations to implement this section. EC Action Against Financial or Other Mismanagement The State Board of Education, whether or not it is the authority that granted the charter, may, based upon the recommendation of the Superintendent of Public Instruction, take appropriate action, including, but not limited to, revocation of the school's charter, when the State Board of Education finds any of the following: (a) Gross financial mismanagement that jeopardizes the financial stability of the charter school. 113

114 (b) Illegal or substantially improper use of charter school funds for the personal benefit of any officer, director, or fiduciary of the charter school. (c) Substantial and sustained departure from measurably successful practices such that continued departure would jeopardize the educational development of the school's pupils. EC Compliance with Charter Petition; Exemptions A charter school shall comply with this part and all of the provisions set forth in its charter, but is otherwise exempt from the laws governing school districts except all of the following: (a) As specified in Section (b) As specified in Section (c) All laws establishing minimum age for public school attendance. (d) The California Building Standards Code (Part 2 [commencing with Section 101] of Title 24 of the California Code of Regulations), as adopted and enforced by the local building enforcement agency with jurisdiction over the area in which the charter school is located. (e) Charter school facilities shall comply with subdivision (d) by January 1, EC Legislative Findings (a) The Legislature finds and declares all of the following: (1) Charter schools are part of the Public School System, as defined in Article IX of the California Constitution. (2) Charter schools are under the jurisdiction of the Public School System and the exclusive control of the officers of the public schools, as provided in this part. (3) Charter schools shall be entitled to full and fair funding, as provided in this part. (b) This part shall be liberally construed to effectuate the findings and declarations set forth in this section. 114

115 EC Children Between Ages 6 and 18 Years Each person between the ages of 6 and 18 years not exempted under the provisions of this chapter or Chapter 3 (commencing with Section 48400) is subject to compulsory full-time education. Each person subject to compulsory full-time education and each person subject to compulsory continuation education not exempted under the provisions of Chapter 3 (commencing with Section 4800) shall attend the public full-time day school or continuation school or classes and for the full time designated as the length of the schoolday by the governing board of the school district in which the residency of either the parent or legal guardian is located and each parent, guardian, or other person having control or charge of the pupil shall send the pupil to the public full-time day school or continuation school or classes and for the full time designated as the length of the schoolday by the governing boards of the school district in which the residence of either the parent or legal guardian is located. Unless otherwise provided for in this code, a pupil shall not be enrolled for less than the minimum schoolday established by law. EC Removal to Another District; Requests for Records; Liability (a) Except for pupils exempt from compulsory school attendance under Section 48231, any parent, guardian, or other person having control or charge of any minor between the age of 6 and 16 years who removes the minor from any city, city and county, or school district before the completion of the current school term, shall enroll the minor in a public full-time day school of the city, city and county, or school district to which the minor is removed. (b) (1) Upon a pupils transfer from one school district to another, the school district into which the pupil is transferring shall request that the school district in which the pupil was last enrolled provide any records that the district maintains in its ordinary course of business or receive from a law enforcement agency regarding acts committed by the transferring pupil that resulted in the pupil s suspension from school or expulsion from the school district. Upon receipt of this information, the receiving school district shall inform any teacher of the pupil that the pupil was suspended from school or expelled from the school district and shall inform the teacher of the act that resulted in that action. (2) A school district, or school district officer or employee, is not civilly or criminally liable for providing information under this subdivision unless it is proven that the information was false and that the district or district officer or employee knew or should have known that the information was false or the information was provided with a reckless disregard for its truth or falsity. (3) Any information received by a teacher pursuant to this subdivision shall be 115

116 received in confidence for the limited purpose for which it was provided and shall not be further disseminated by the teacher. EC Severance of Attendance Regulation The county board of education of each county may establish, by resolution, the following regulation requiring the reporting of various types of severance of attendance of or by any pupil subject to the compulsory education laws of California or of any one or more of the types of severance enumerated in subdivision (a) below and may require such reporting of any or all of the private and public schools of the county: (a) The administration of each private school and public school district of the county shall, upon the severance of attendance by any pupil subject to the compulsory education laws of California, whether by expulsion, exclusion, exemption, transfer, suspension beyond 10 school days, or other reasons, report such severance to the county superintendent of schools in the jurisdiction. The report shall include names, ages, last known address and the reason for each such severance. (b) It shall be the duty of the county superintendent of such county to examine such reports and draw to the attention of the county board of education and local district board of education any cases in which the interests of the child or the welfare of the state may need further examination. (c) After preliminary study of available information in cases so referred to it, the county board of education may, on its own action, hold hearings on such cases in the manner provided in Sections through and with the same powers of final decision as therein provided. EC Residency Requirements for School Attendance (a) Notwithstanding Section 48200, a pupil shall be deemed to have complied with the residency requirements for school attendance in a school district, provided he or she is any of the following: (1) Pupil placed within the boundaries of that school district in a regularly established licensed children's institution, or a licensed foster home, or a family home pursuant to a commitment or placement under Chapter 2 (commencing with Section 200) of Part 1 of Division 2 of the Welfare and Institutions Code. (b) An agency placing a pupil in a home or institution described in this subdivision shall provide evidence to the school that the placement or commitment is pursuant to law. (1) A pupil for whom interdistrict attendance has been approved pursuant to Chapter 5 (commencing with Section 46600) of Part

117 (2) A pupil whose residence is located within the boundaries of that school district and whose parent or legal guardian is relieved of responsibility, control, and authority through emancipation. (3) A pupil who lives in the home of a care giving adult that is located within the boundaries of that school district. Execution of an affidavit under penalty of perjury pursuant to Part 1.5 (commencing with Section 6550) of Division 11 of the Family Code by the care giving adult shall be a sufficient basis for a determination that the pupil lives in the caregiver's home, unless the school district determines from actual facts that the pupil is not living in the caregiver's home. (4) A pupil residing in a state hospital located within the boundaries of that school district. (c) A school district may deem a pupil to have complied with the residency requirements for school attendance in the district if at least one parent or the legal guardian of the pupil is physically employed within the boundaries of that district. (1) This subdivision does not require the school district within which at least one parent or the legal guardian of a pupil is employed to admit the pupil to its schools. A school district shall not, however, refuse to admit a pupil under this subdivision on the basis, except as expressly provided in this subdivision, of race, ethnicity, sex, parental income, scholastic achievement, or any other arbitrary consideration. (2) The school district in which the residency of either the parents or the legal guardian of the pupil is established, or the school district to which the pupil is to be transferred under this subdivision, may prohibit the transfer of the pupil under this subdivision if the governing board of the district determines that the transfer would negatively impact the court-ordered or voluntary desegregation plan of the district. (3) The school district to which the pupil is to be transferred under this subdivision may prohibit the transfer of the pupil if the district determines that the additional cost of educating the pupil would exceed the amount of additional state aid received as a result of the transfer. (4) The governing board of a school district that prohibits the transfer of a pupil pursuant to paragraph (1), (2), or (3) is encouraged to identify, and communicate in writing to the parents or the legal guardian of the pupil, the specific reasons for that determination and is encouraged to ensure that the determination, and the specific reasons therefore, are accurately recorded in the minutes of the board meeting in which the determination was made. (5) The average daily attendance for pupils admitted pursuant to this 117

118 subdivision is calculated pursuant to Section (6) Unless approved by the sending school district, this subdivision does not authorize a net transfer of pupils out of a school district, calculated as the difference between the number of pupils exiting the district and the number of pupils entering the district, in a fiscal year in excess of the following amounts: (i) For a school district with an average daily attendance for that fiscal year of less than 501, 5 percent of the average daily attendance of the district. (ii) For a school district with an average daily attendance for that fiscal year of 501 or more, but less than 2,501, 3 percent of the average daily attendance of the district or 25 pupils, whichever amount is greater. (iii) For a school district with an average daily attendance of 2,501 or more, 1 percent of the average daily attendance of the district or 75 pupils, whichever amount is greater. (7) Once a pupil is deemed to have complied with the residency requirements for school attendance pursuant to this subdivision and is enrolled in a school in a school district the boundaries of which include the location where at least one parent or the legal guardian of a pupil is physically employed, the pupil does not have to reapply in the next school year to attend a school within that district and the district governing board shall allow the pupil to attend school through grade 12 in that district if the parent or legal guardian so chooses and if at least one parent or the legal guardian of the pupil continues to be physically employed by an employer situated within the attendance boundaries of the district, subject to paragraphs (1) to (6), inclusive. (d) This section shall become inoperative on July 1, 2012, and as of January 1, 2013, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2013, deletes or extends the dates on which it becomes inoperative and is repealed. EC Residency Requirements for School Attendance Notwithstanding Section 48200, a pupil shall be deemed to have complied with the residency requirements for school attendance in a school district, provided he or she is: (a) (1) A pupil placed within the boundaries of that school district in a regularly established licensed children's institution, or a licensed foster home, or a family home pursuant to a commitment or placement under Chapter 2 (commencing with Section 200) of Part 1 of Division 2 of the Welfare and Institutions Code. 118

119 (2) An agency placing a pupil in the home or institution shall provide evidence to the school that the placement or commitment is pursuant to law. (b) A pupil for whom inter-district attendance has been approved pursuant to the provisions of Chapter 5 (commencing with Section 46600) of Part 26. (c) A pupil whose residence is located within the boundaries of that school district and whose parent or legal guardian is relieved of responsibility, control, and authority through emancipation. (d) A pupil who lives in the home of a care giving adult that is located within the boundaries of that school district. Execution of an affidavit under penalty of perjury pursuant to Part 1.5 (commencing with Section 6550) of Division 11 of the Family Code by the care giving adult is a sufficient basis for a determination that the pupil lives in the home of the caregiver, unless the school district determines from actual facts that the pupil is not living in the home of the caregiver. (e) A pupil residing in a state hospital located within the boundaries of that school district. (f) This section shall become operative on July 1, EC International Border; Adjacent Districts; Residency; Legislative Findings and Declarations (a) The Legislature finds that school districts that are adjacent to the international border, because of their geographic position, face unique circumstances in conducting the verification of a pupil's residency. (b) The Legislature declares that international border school districts may need to employ certain efforts to verify residency. EC International Border; Adjacent Districts; Reasonable Evidence of Residency (a) Any school district that is adjacent to an international border may accept a wide range of documents and representations from the parent or guardian of a pupil as reasonable evidence that the pupil meets the residency requirements for school attendance in the school district as set forth in Section Reasonable evidence of residency may be established by documentation, including, but not limited to, any of the following documentation: (1) Property tax payment receipts. (2) Rent payment receipts. (3) Utility service payment receipts. 119

120 (4) Declaration of residency executed by the parent or guardian of the pupil. (b) If any employee of a school district that is adjacent to an international border reasonably believes that the parent or guardian of a pupil has provided false or unreliable evidence of residency, the school district shall make reasonable efforts to determine that the pupil actually meets the residency requirements set forth in Section EC Excused Absence; Average Daily Attendance Computation (a) Notwithstanding Section 48200, a pupil shall be excused from school when the absence is: (1) Due to his or her illness. (2) Due to quarantine under the direction of a county or city health officer. (3) For the purpose of having medical, dental, opt metrical, or chiropractic services rendered. (4) For the purpose of attending the funeral services of a member of his or her immediate family, so long as the absence is not more than one day if the service is conducted in California and not more than three days if the service is conducted outside California. (5) For the purpose of jury duty in the manner provided for by law. (6) Due to the illness or medical appointment during school hours of a child of whom the pupil is the custodial parent. (7) For justifiable personal reasons, including, but not limited to, an appearance in court, attendance at a funeral service, observance of a holiday or ceremony of his or her religion, attendance at religious retreats, attendance at an employment conference, or attendance at an educational conference on the legislative or judicial process offered by a nonprofit organization when the pupil's absence is requested in writing by the parent or guardian and approved by the principal or a designated representative pursuant to uniform standards established by the governing board. (8) For the purpose of serving as a member of a precinct board for an election pursuant to Section of the Elections Code. (b) A pupil absent from school under this section shall be allowed to complete all assignments and tests missed during the absence that can be reasonably provided and, upon satisfactory completion within a reasonable period of time, shall be given full credit. The teacher of the class from which a pupil is absent shall determine which tests and assignments shall be reasonably equivalent to, but not necessarily identical to, the tests and assignments that the pupil missed during the absence. 120

121 (c) For purposes of this section, attendance at religious retreats shall not exceed four hours per semester. (d) Absences pursuant to this section are deemed to be absences in computing average daily attendance and shall not generate state apportionment payments. (e) "Immediate family," as used in this section, has the same meaning as that set forth in Section 45194, except that references therein to "employee" shall be deemed to be references to "pupil." EC Attendance in Private School Children who are being instructed in a private full-time day school by persons capable of teaching shall be exempted. Such school shall, except under the circumstances described in Section 30, be taught in the English language and shall offer instruction in the several branches of study required to be taught in the public schools of the state. The attendance of the pupils shall be kept by private school authorities in a register, and the record of attendance shall indicate clearly every absence of the pupil from school for a half day or more during each day that school is maintained during the year. Exemptions under this section shall be valid only after verification by the attendance supervisor of the district, or other person designated by the board of education, that the private school has complied with the provisions of Section requiring the annual filing by the owner or other head of a private school of an affidavit or statement of prescribed information with the Superintendent of Public Instruction. The verification required by this section shall not be construed as an evaluation, recognition, approval, or endorsement of any private school or course. EC Contracts to Secure Tutoring for Children Working in Entertainment or Allied Industries The governing board of any school district which has children holding work permits to work temporarily in the entertainment or allied industries who are exempted from attending public full-time day school under the provisions of this article, or a county superintendent of schools, may contract with any person, firm or corporation responsible for the education of any children, so employed or acting on behalf thereof, to provide eligibility lists and placement service for qualified teaching and other necessary personnel for the tutoring of such children while so employed. Such personnel shall not for these purposes be deemed public employees. The contract shall require the payment of all costs of the school district, or the county superintendent of schools in providing the lists of services. 121

122 EC Compulsory Part-Time Classes Children who hold permits to work shall be exempted, but such children shall be subject to compulsory attendance upon part-time classes. EC Entrance into Attendance Area Within 10 School Days of End of School Term Notwithstanding Section 48201, pupils between 12 and 18 years of age who enter an attendance area from another state within 10 school days before the end of the school term during which such entrance occurs are exempt for the remainder of the school term. EC Leave of Absence by Pupil of 15 Years of Age; Conditions Notwithstanding any other provision of law, a child who will be 15 years old at the time a leave of absence is to begin may take a leave of absence from school for a period of up to one semester, if all of the following conditions are satisfied: (a) The school district governing board adopts a written policy to allow pupil leaves of absence consistent with this section. (b) The purpose of the leave is supervised travel, study, training, or work not available to the pupil under another education option. (c) A written agreement is entered into that is signed by the child's parent or guardian, the principal or administrative officer of the school which the child would otherwise attend, a classroom teacher familiar with the child's academic progress selected by the child, and the district supervisor of child welfare and attendance, and that provides for all of the following: (1) The purpose of the leave. (2) The length of time the child will be on leave. (3) A meeting between, or contact with, the child and a school official designated in the agreement at least once a month while the child is on leave. (4) A statement incorporating the provisions contained in subdivision (b). (d) The child shall be entitled to return to school at any time. No child who takes a leave of absence shall be penalized from completing his or her academic requirements within a time period equal to that of classmates who did not take a leave of absence, plus a period of time equal to the leave of absence. However, when a child reenrolls [sic] at any time other than the beginning of a semester, the school shall not be required to give makeup sessions during that semester for the classes that the child has missed. 122

123 (e) A leave of absence may be extended for an additional semester upon approval by all parties to the written agreement and the local school attendance review board. (f) No leave of absence may be taken that would continue past the end of the school year in which the leave is taken. (g) If the pupil does not contact the designated school official as stipulated in the written agreement, the leave of absence shall be nullified. Any party to the written agreement may nullify the agreement for cause at any time. (h) No more than 1 percent of the pupils enrolled and in attendance at each school shall be permitted to take leave of absence during each academic year. EC Weekly Minimum Attendance Requirement All persons 16 years of age of older and under 18 years of age, not otherwise exempted by this chapter, shall attend upon special continuation education classes maintained by the governing board of the high school district in which they reside, or by the governing board of a neighboring high school district, for not less than four 60-minute hours per week for the regularly established annual school term. Such minimum attendance requirement of four 60-minute hours per week may be satisfied by any combination of attendance upon special continuation education classes and regional occupational centers of programs. EC Failure to Provide Continuation Education Classes; Enforcement The complaint of any citizen of a school district that such school district has failed to meet the requirements of providing continuation education classes pursuant to this chapter shall be presented to the county superintendent of the county in which such district is located. If, upon investigation, the county superintendent of schools finds the complaint to be justified, he shall forward the complaint along with the results of his investigation to the Superintendent of Public Instruction who shall take steps to enforce compliance with the provisions of this chapter. EC Minors Not Regularly Employed Whenever a minor subject to the provisions of this chapter, who is not otherwise exempted by this chapter, cannot give satisfactory proof of regular employment he shall attend for not less than 15 hours per week, special continuation education classes during the period of unemployment. The minimum attendance requirement of 15 hours per week may be satisfied by any combination of attendance upon special continuation education classes and regional occupational centers or programs. 123

124 EC Authority of County Superintendent of Schools to File Petition in Juvenile Court Regarding Truant. If any person subject to the provisions of this chapter is an habitual truant or is irregular in attendance as required by this chapter or is habitually insubordinate or disorderly during attendance at school, the county superintendent of schools may request a petition on his behalf in the juvenile court of the county. EC Persons Exempted From Continuation Classes There are exempted from compulsory attendance in continuing education classes as otherwise required by Sections and 48402, persons who: (a) Have been graduated from a high school maintaining a four-year course above the eighth grade of the elementary schools, or who have had an equal amount of education in a private school or from a private tutor. (b) Are in attendance upon a public or private full-time day school, or satisfactory part-time classes maintained by other agencies. (c) Are disqualified for attendance in these classes because of their physical or mental condition, or because of personal services that must be rendered to their dependents. (d) Are satisfactorily attending a regional occupational program or center as provided in Section (e) Have successfully demonstrated proficiency equal to or greater than standards established by the State Department of Education pursuant to Section 48412, and have verified approval submitted by their parent or guardian. (f) Are subject to Section but not Section and are in attendance upon classes for adults for not less than four clock hours per calendar week. (g) Are exempt from compulsory school attendance under Section EC Certificate of Proficiency; Examination Fees (a) Any person 16 years of age or older, or who has been enrolled in the 10th grade for one academic year or longer, or who will complete one academic year of enrollment in the 10th grade at the end of the semester during which the next regular examination will be conducted, shall be permitted to have his or her proficiency in basic skills taught in public high schools verified according to criteria established by the State Department of Education 124

125 The State Board of Education shall award a "certificate of proficiency" to persons who demonstrate that proficiency. The certificate of proficiency shall be equivalent to a high school diploma, and the State Department of Education shall keep a permanent record of the issuance of all the certificates. (b) The State Department of Education shall develop standards of competency in basic skills taught in public high schools and shall provide for the administration of examinations prepared by or with the approval of the department to verify competency. Regular examinations shall be held once in the fall semester and once in the spring of every academic year on a date, as determined by the State Department of Education, which will enable notification of examinees and the schools they attend, if any, of the results thereof not later than two weeks prior to the date on which that semester ends in a majority of school districts which maintain high schools. In addition to regular examinations, the State Department of Education may, at the discretion of the Superintendent of Public Instruction, conduct examinations for all eligible persons once during each summer recess and may conduct examinations at any other time that the superintendent deems necessary to accommodate eligible persons whose religious convictions or physical handicaps prevent their attending one of the regular examinations. (c) The State Department of Education may charge a fee for each examination application in an amount sufficient to recover the costs of administering the requirements of this section. However, the fee shall not exceed an amount equal to the cost of test renewal and administration per examination application. All fees levied and collected pursuant to this section shall be deposited in the State Treasury for remittance to the current support appropriation of the State Department of Education as reimbursement for costs of administering this section. Any reimbursements collected in excess of actual costs of administration of this section shall be transferred to the unappropriated surplus of the General Fund by order of the Director of Finance. (d) The State Board of Education shall adopt rules and regulations as are necessary for implementation of this section. (e) The State Department of Education shall periodically review the effectiveness of the examinations administered pursuant to this section. The costs of this review may be recovered through the fees levied pursuant to subdivision (c). EC Enrollment in Continuation Classes Persons 16 years of age or older and under 18 years of age who have not been graduated from high school shall be permitted by the governing board to enroll in continuation classes conducted by the school district pursuant to Article 3 (commencing with Section 48430) of this chapter if such enrollment does not preclude attainment of the goals of continuation education schools and classes prescribed in Article 3 125

126 (commencing with Section 48430) of this chapter, as determined by the governing board. The provisions of Article 5 (commencing with Section 48260) of Chapter 2 of this part shall be applicable to such persons. EC Persons Exempted From Compulsory Continuation Education; Reenrollment in District Any person 16 or 17 years of age exempt from compulsory continuation attendance laws by subdivision (e) of Section who has terminated his enrollment on the basis of such exemption shall be permitted by the governing board of the school district in which he resides to reenroll in the district, without prejudice, as if he had never taken advantage of subdivision (e) of Section If such person subsequently again terminates enrollment on the basis of such exemption, the district may deny him reenrollment until the beginning of the next semester in the district's academic year. EC Private School Attendance; Exemption From Compulsory Continuation Education In the case of attendance upon private school, exemption from the requirements of attendance upon compulsory continuation education shall be valid only after verification by the attendance supervisor of the district, or other person designated by the board of education, that the private school has complied with the provisions of Section requiring the annual filing by the owner or other head of a private school of an affidavit or statement of prescribed information with the Superintendent of Public Instruction. The verification required by this section shall not be construed as an evaluation, recognition, approval, or endorsement of any private school or course. EC Leaves of Absence; Pupils Between Ages 16 and 18; Conditions Notwithstanding any other provision of law, a child who, at the time a leave of absence is to begin, will be between the ages of 16 and 18, inclusive, may take a leave of absence from compulsory continuation education classes or, if exempted pursuant to subdivision (b) of Section 48410, from the school that the child attends, for a period of up to two semesters, if all the following conditions are satisfied: (a) The school district governing board adopts a written policy to allow student leaves of absence consistent with this section. (b) The purpose of the leave is supervised travel, study, training, or work not available to the student under another education option. (c) A written agreement is entered into that is signed by the child, the child's parent or guardian, the principal or administrative officer of the school that the child would otherwise attend, a classroom teacher familiar with the child s academic progress selected by the child, and the district supervisor of child welfare and attendance, and that provides for all of the following: (1) The purpose of the leave. 126

127 (2) The length of time the child will be on leave. (3) A meeting between or contact with the child and a school official designated in the agreement at least once a month while the child is on leave. (4) A statement incorporating the provisions contained in subdivision (b). (d) The child shall be entitled to return to school at any time. No child who takes a leave of absence shall be penalized from completing his or her academic requirements within a time period equal to that of classmates who did not take a leave of absence, plus a period of time equal to the leave of absence. However, when a child reenrolls [sic] at any time other than the beginning of a semester, the school shall not be required to give makeup sessions during that semester for the classes that the child has missed. (e) A leave of absence may be extended for an additional semester upon approval by all parties to the written agreement and the local school attendance review board. (f) No leave of absence may be taken which would continue past the end of the school year in which the leave is taken. (g) If the student does not contact the designated school official as stipulated in the written agreement, the leave of absence shall be nullified. Any party to the written agreement may nullify the written agreement for cause at any time. (h) No more than 1 percent of the students enrolled and in attendance at each school shall be permitted to take a leave of absence during each academic year. EC Legislative Intent; Continuation Education Schools and Classes It is the intent of the Legislature that continuation education schools and classes shall be established and maintained to provide all of the following: (a) An opportunity for pupils to complete the required academic courses of instruction to graduate from high school. (b) A program of instruction which emphasizes occupational orientation or a workstudy schedule and offers intensive guidance services to meet the special needs of pupils. (c) A program designed to meet the educational needs of each pupil, including, but not limited to, independent study, regional occupation programs, work study, 127

128 career counseling, and job placement services, as a supplement to classroom instruction. EC Establishment and Maintenance of Guidance, Placement, and Follow-Up Program The governing board of each high school district shall establish and maintain a program of guidance, placement, and follow-up [sic] for all minors within the district subject to compulsory continuation education. EC Establishment and Maintenance of Continuation Classes for Minors The governing board of each high school district and each unified school district shall establish and maintain within its boundaries special continuation education classes and may establish and maintain regional occupation centers or programs, in accordance with the provisions of Section 52301, whenever there are any minors residing within the district who are subject to compulsory continuation education; provided, that if there are fewer than 100 students enrolled in grade 12 in any school of the district maintaining that grade, the governing board of the district may apply to the State Department of Education for exemption of that school from the requirements of this section and such exemption may be granted in accordance with rules and regulations that shall be adopted by the State Board of Education to govern the granting of the exemptions. An exemption may also be granted to schools having an enrollment of more than 100 pupils in grade 12 if the district seeking the exemption has entered into an agreement with another high school district or unified school district to maintain special continuation classes for minors residing in either of the districts, but shall not be granted if the agreement would make it necessary for such minors to travel an excessive distance from their homes to the continuation education classes. If there is a regional occupational center or program as provided in Article 1 (commencing with Section 52300) of Chapter 9 of Part 28, of this division within a county, the governing board of any school district within that county may enroll minors, otherwise subject to, and in lieu of, continuation education, in the center or program in accordance with the provisions of Section Any minor admitted to a regional occupational center or program under the provisions of Section shall be considered to have enrolled in the regional occupational center or program in lieu of continuation education classes. Nothing in this section shall prohibit a minor from enrolling in a program of continuation education or a regular high school program if the minor voluntarily chooses to enroll in the program. EC Involuntary Transfer of Pupils; Rules and Regulations; Procedure The governing board of each high school or unified school district which assigns pupils to continuation schools shall adopt rules and regulations governing procedures for the involuntary transfer of pupils to continuation schools. 128

129 Such rules and regulations shall provide that written notice be given to the pupil and the pupil's parent or guardian informing them of the opportunity to request a meeting with a designee of the district superintendent prior to the transfer. At the meeting, the pupil or the pupil's parent or guardian shall be informed of the specific facts and reasons for the proposed transfer and shall have the opportunity to inspect all documents relied upon, question any evidence and witnesses presented and present evidence on the pupil's behalf. The pupil may designate one or more representatives and witnesses to be present with him or her at the meeting. A decision to transfer the pupil involuntarily shall be based on finding that the pupil (a) committed an act enumerated in Section 48900, or (b) has been habitually truant or irregular in attendance from instruction upon which he or she is lawfully required to attend. The decision to transfer shall be in writing, stating the facts and reasons for the decision, and sent to the pupil and the pupil s parent or guardian. It shall indicate whether the decision is subject to periodic review and the procedure. None of the persons involved in the final decision to make an involuntary transfer of a pupil to a continuation school shall be a member of the staff of the school in which the pupil is enrolled at the time that the decision is made. A pupil, with the concurrence of a designee of the district superintendent, may transfer voluntarily to a continuation school in order to receive special attention such as individualized instruction. Involuntary transfer to a continuation school shall be imposed only when other means fail to bring about pupil improvement; provided that a pupil may be involuntarily transferred the first time he or she commits an act enumerated in Section if the principal determines that the pupil's presence causes a danger to persons or property or threatens to disrupt the instructional process. No involuntary transfer to a continuation school shall extend beyond the end of the semester following the semester during which the acts leading directly to the involuntary transfer occurred unless the local governing board adopts a procedure for yearly review of the involuntary transfer conducted pursuant to this section at the request of the pupil or the pupil's parent or guardian. A pupil who has voluntarily transferred to a continuation school shall have the right to return to the regular high school at the beginning of the following school year and with the consent of a designee of the district superintendent, may return at any time. EC Minimum Weekly Hours of Instruction Special continuation education classes or classes conducted by a regional occupational center or any combination thereof shall provide at least four 60-minute hours of instruction per week for each minor within the high school district who is subject to compulsory continuation education. 129

130 EC Community Service on School Grounds During Nonschool Hours; Alternative Disciplinary Action As part of or instead of disciplinary action prescribed by this article, the principal of a school, the principal's designee, the superintendent of schools, or the governing board may require a pupil to perform community service on school grounds or, with written permission of the parent or guardian of the pupil, off school grounds, during the pupil's nonschool hours. For the purposes of this section, "community service" may include, but is not limited to, work performed in the community or on school grounds in the areas of outdoor beautification, community or campus betterment, and teacher, peer, or youth assistance programs. This section does not apply if a pupil has been suspended, pending expulsion, pursuant to Section However, this section applies if the recommended expulsion is not implemented or is, itself, suspended by stipulation or other administrative action. EC Expulsion; Particular Circumstances. (a) Except as provided in subdivisions (c) and (e), the principal or the superintendent of schools shall recommend the expulsion of a pupil for any of the following acts committed at school or at a school activity off school grounds, unless the principal or superintendent finds that expulsion is inappropriate, due to the particular circumstance: (1) Causing serious physical injury to another person, except in self-defense. (2) Possession of any knife, explosive, or other dangerous object of no reasonable use to the pupil. (3) Unlawful possession of any controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, except for the first offense for the possession of not more than one avoirdupois ounce of marijuana, other than concentrated cannabis. (4) Robbery or extortion. (5) Assault or battery, as defined in Sections 240 and 242 of the Penal Code, upon any school employee. (b) Upon recommendation by the principal, superintendent of schools, or by a hearing officer or administrative panel appointed pursuant to subdivision (d) of Section 48918, the governing board may order a pupil expelled upon finding that the pupil committed an act listed in subdivision (a) or in subdivision (a), (b), (c), (d), or (e) of Section A decision to expel shall be based on a finding of one or both of the following: (1) Other means of correction are not feasible or have repeatedly failed to bring about proper conduct. 130

131 (2) Due to the nature of the act, the presence of the pupil causes a continuing danger to the physical safety of the pupil or others. (c) The principal or superintendent of schools shall immediately suspend, pursuant to Section 48911, and shall recommend expulsion of a pupil that he or she determines has committed any of the following acts at school or at a school activity off school grounds: (1) Possessing, selling, or otherwise furnishing a firearm. This subdivision does not apply to an act of possessing a firearm if the pupil had obtained prior written permission to possess the firearm from a certificated school employee, which is concurred in by the principal or the designee of the principal. This subdivision applies to an act of possessing a firearm only if the possession is verified by an employee of a school district. (2) Brandishing a knife at another person. (3) Unlawfully selling a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code. (4) Committing or attempting to commit a sexual assault as defined in subdivision (n) of Section or committing a sexual battery as defined in subdivision (n) of Section (d) The governing board shall order a pupil expelled upon finding that the pupil committed an act listed in subdivision (c), and shall refer that pupil to a program of study that meets all of the following conditions: (1) Is appropriately prepared to accommodate pupils who exhibit discipline problems. (2) Is not provided at a comprehensive middle, junior, or senior high school, or at any elementary school. (3) Is not housed at the school-site attended by the pupil at the time of suspension. (e) Upon recommendation by the principal, superintendent of schools, or by a hearing officer or administrative panel appointed pursuant to subdivision (d) of Section 48918, the governing board may order a pupil expelled upon finding that the pupil, at school or at a school activity off of school grounds violated subdivision (f), (g), (h), (i), (j), (k), (l), or (m) of Section 48900, or Section , , or , and either of the following: (1) That other means of correction are not feasible or have repeatedly failed to bring about proper conduct. 131

132 (2) That due to the nature of the violation, the presence of the pupil causes a continuing danger to the physical safety of the pupil or others. (f) The governing board shall refer a pupil who has been expelled pursuant to subdivision (b) or (e) to a program of study that meets all of the conditions specified in subdivision (d). Notwithstanding this subdivision, with respect to a pupil expelled pursuant to subdivision (e), if the county superintendent of schools certifies that an alternative program of study is not available at a site away from a comprehensive middle, junior, or senior high school, or an elementary school, and that the only option for placement is at another comprehensive middle, junior, or senior high school, or another elementary school, the pupil may be referred to a program of study that is provided at a comprehensive middle, junior, or senior high school, or at an elementary school. (g) As used in this section, "knife" means any dirk, dagger, or other weapon with a fixed, sharpened blade fitted primarily for stabbing, a weapon with a blade fitted primarily for stabbing, a weapon with a blade longer than 31/2 inches, a folding knife with a blade that locks into place, or a razor with an unguarded blade. (h) As used in this section, the term "explosive" means "destructive device" as described in Section 921 of Title 18 of the United States Code. EC Referral to Community Day School If the governing board of a school district has established a community day school pursuant to Section on the same site as a comprehensive middle, junior, or senior high school, or at any elementary school, the governing board does not have to meet the condition in paragraph (2) of subdivision (d) of Section when the board, pursuant to subdivision (f) of Section 48915, refers a pupil to a program of study and that program of study is at the community day school. All the other conditions of subdivision (d) of Section are applicable to the referral as required by subdivision (f) of Section EC Expelled Individuals; Enrollment in Another School (a) If the governing board of a school district receives a request from an individual who has been expelled from another school district for an act other than those described in subdivision (a) or (c) of Section 48915, for enrollment in a school maintained by the school district, the board shall hold a hearing to determine whether that individual poses a continuing danger either to the pupils or employees of the school district. The hearing and notice shall be conducted in accordance with the rules and regulations governing procedures for the expulsion of pupils as described in Section A school district may request information from another school district regarding a recommendation for expulsion or the expulsion of an applicant for enrollment. The school district receiving the request shall respond to the request with all deliberate speed but shall respond no later than five working days from the date of the receipt of the request. 132

133 (b) If a pupil has been expelled from his or her previous school for an act other than those listed in subdivision (a) or (c) of Section 48915, the parent, guardian, or pupil, if the pupil is emancipated or otherwise legally of age, shall, upon enrollment, inform the receiving school district of his or her status with the previous school district. If this information is not provided to the school district and the school district later determines the pupil was expelled from the previous school, the lack of compliance shall be recorded and discussed in the hearing required pursuant to subdivision (a). (c) The governing board of a school district may make a determination to deny enrollment to an individual who has been expelled from another school district for an act other than those described in subdivision (a) or (c) of Section 48915, for the remainder of the expulsion period after a determination has been made, pursuant to a hearing, that the individual poses a potential danger to either the pupils or employees of the school district. (d) The governing board of a school district, when making its determination whether to enroll an individual who has been expelled from another school district for these acts, may consider the following options: (1) Deny enrollment (2) Permit enrollment (3) Permit conditional enrollment in a regular school program or another educational program (e) Notwithstanding any other provision of law, the governing board of a school district, after a determination has been made, pursuant to a hearing, that an individual expelled from another school district for an act other than those described in subdivision (a) or (c) of Section does not pose a danger to either the pupils or employees of the school district, shall permit the individual to enroll in a school in the school district during the term of the expulsion, provided that he or she, subsequent to the expulsion, either has established legal residence in the school district, pursuant to Section 48200, or has enrolled in the school pursuant to an interdistrict agreement executed between the affected school districts pursuant to Chapter 5 (commencing with Section 46600). EC Expelled Pupil; Enrollment During and After Period of Expulsion (a) A pupil expelled from school for any of the offenses listed in subdivision (a) or (c) of Section 48915, shall not be permitted to enroll in any other school or school district during the period of expulsion unless it is a county community school pursuant to subdivision (c) of Section 1981, or a juvenile court school, as described in Section , or a community day school pursuant to Article 3 (commencing with Section 48660) of Chapter 4 of Part

134 (b) After a determination has been made, pursuant to a hearing under Section 48918, that an individual expelled from another school district for any act described in subdivision (a) or (c) of Section does not pose a danger to either the pupils or employees of the school district, the governing board of a school district may permit the individual to enroll in the school district after the term of expulsion, subject to one of the following conditions: (1) He or she has established legal residence in the school district, pursuant to Section (2) He or she is enrolled in the school pursuant to an interdistrict agreement executed between the affected school districts pursuant to Chapter 5 (commencing with Section 46600) of Part 26. EC Educational Program Requirements for Expelled Pupils (a) At the time an expulsion of a pupil is ordered, the governing board of the school district shall ensure that an education program is provided to the pupil who is subject to the expulsion order for the period of the expulsion. Except for pupils expelled pursuant to subdivision (d) of Section 48915, the governing board of a school district is required to implement the provisions of this section only to the extent funds are appropriated for this purpose in the annual Budget Act or other legislation, or both. (b) Notwithstanding any other provision of law, any educational program provided pursuant to subdivision (a) may be operated by the school district, the county superintendent of schools, or a consortium of districts or in joint agreement with the county superintendent of schools. (c) Any educational program provided pursuant to subdivision (b) may not be situated within or on the grounds of the school from which the pupil was expelled. (d) If the pupil who is subject to the expulsion order was expelled from any of kindergarten or grades 1 to 6, inclusive, the educational program provided pursuant to subdivision (b) may not be combined or merged with educational programs offered to pupils in any of grades 7 to 12, inclusive. The district or county program is the only program required to be provided to expelled pupils as determined by the governing board of the school district. This subdivision, as it relates to the separation of pupils by grade levels, does not apply to community day schools offering instruction in any of kindergarten and grades 1 to 8, inclusive, and established in accordance with Section (e) (1) Each school district shall maintain data as specified in this subdivision and report the data annually to the State Department of Education, commencing June 1, 1997, on forms provided by the State Department of Education. The school district shall maintain the following data: (i) The number of pupils recommended for expulsion. 134

135 (ii) The grounds for each recommended expulsion. (iii) Whether the pupil was subsequently expelled. (iv) Whether the expulsion order was suspended. (v) The type of referral made after the expulsion. (vi) The disposition of the pupil after the end of the period of expulsion. (2) When a school district does not report outcome data as required by this subdivision, the Superintendent of Public Instruction may not apportion any further money to the school district pursuant to Section until the school district is in compliance with the provisions of this subdivision. Before withholding the apportionment of funds to a school district pursuant to this subdivision, the Superintendent of Public Instruction shall give written notice to the governing board of the school district that the school district has failed to report the data required by paragraph (1) and that the school district has 30 calendar days from the date of the written notice of noncompliance to report the requested data and thereby avoid the withholding of the apportionment of funds. (f) If the county superintendent of schools is unable for any reason to serve the expelled pupils of a school district within the county, the governing board of that school district may enter into an agreement with a county superintendent of schools in another county to provide education services for the district's expelled pupils. EC County Plans for Provision of Educational Services to Expelled Pupils Each county superintendent of schools in counties that operate community schools pursuant to Section 1980, in conjunction with superintendents of the school districts within the county, shall develop a plan for providing education services to all expelled pupils in that county. The plan shall be adopted by the governing board of each school district within the county and by the county board of education. The plan shall enumerate existing educational alternatives for expelled pupils, identify gaps in educational services to expelled pupils, and strategies for filling those service gaps. The plan shall also identify alternative placements for pupils who are expelled and placed in district community day school programs, but who fail to meet the terms and conditions of their rehabilitation plan or who pose a danger to other district pupils, as determined by the governing board. Each county superintendent of schools, in conjunction with the superintendents of the school districts, shall submit to the Superintendent of Public Instruction the county plan for providing educational services to all expelled pupils in the county no later than June 30, 1997, and shall submit a triennial update to the plan to the Superintendent of Public 135

136 Instruction, including the outcome data pursuant to Section , on June 30th thereafter. EC Mandatory Attendance No minor having a permit to work and no minor under 18 years of age, who is otherwise required by law to attend school, shall be out of school and unemployed for a period longer than 10 consecutive days while the public schools are in session, but shall enroll and attend school. EC Exemption from Provisions The provisions of this chapter shall not apply to any minor who has been graduated from a high school maintaining a four-year course above the eighth grade of elementary schools, or who has had an equal amount of education in a private school or by private tuition, or who has been awarded a certificate of proficiency pursuant to Section of the Education Code. EC Issuance; Jurisdiction (a) It is the intent of the Legislature that school district personnel responsible for issuing work permits to minors have a working knowledge of California labor laws as they relate to minors; and further, that personnel be trained to provide the pupils practical personal guidance in career education. (b) The superintendent of any school district in which any minor resides, a person holding a services credential with a specialization in pupil personnel services authorized by the superintendent in writing, or a certificated work experience education teacher or coordinator authorized by the superintendent in writing, may issue to certain minors permits to work. If the minor resides in a portion of a county not under the jurisdiction of the superintendent of any school district, the permit to work shall be issued by the superintendent of schools of the county, by a person holding a services credential with a specialization in pupil personnel services authorized by the superintendent in writing, or a certificated work experience education teacher or coordinator authorized by the superintendent in writing. (c) A work permit shall not be issued until the written request therefore from the parent, guardian, foster parent, caregiver with whom the minor resides, or residential shelter services provider, has been filed with the issuing authority. "Residential shelter services" refers to residential and other support services provided to minors by a governmental agency, a person or agency under contract with a governmental agency to provide these services, an agency receiving funding from community funds, or a licensed community care facility or crisis resolution center on a temporary or emergency basis in a facility that services only minors. 136

137 (d) If the certificated person designated to issue work permits by the superintendent of a school district or the chief executive officer, or the equivalent position, of a charter school is not available, and delay in issuing a permit would jeopardize the ability of a pupil to secure work, another person authorized by the school district superintendent or the chief executive officer, or the equivalent position, of a charter school may issue the work permit. (e) If a school district or charter school does not employ or contract with a person holding a services credential with a specialization in pupil personnel services or with a certificated work experience education teacher or coordinator, the school district superintendent or the chief executive officer, or the equivalent position, of a charter school may authorize, in writing, a person who does not hold that credential to issue work permits during periods of time in which the superintendent is absent from the district or the chief executive officer is absent from the charter school. EC Private School Pupils; Issuance The superintendent of any school district may designate the principal or other person having charge of a private school within the district, in which pupils are enrolled pursuant to Section 48222, as a person authorized to issue work permits to pupils of the school, in accordance with this chapter. Where the pupil resides in a portion of the county not under the jurisdiction of the superintendent of any school district, the county superintendent of schools may designate the principal or other person having charge of a private school as the person authorized to issue such work permits. The superintendent of the school district, or the county superintendent of schools as the case may be, shall periodically ascertain that the designated person has complied with the requirements of this chapter pertaining to issuing authorities. EC Age of Minor A permit to work may be issued to any minor over the age of 12 years and under the age of 18 years to be employed on a regular school holiday, during the regular vacation of the public school, during such time as the minor is exempt from compulsory school attendance pursuant to Section 48231, and during the period of a specified occasional public school vacation in any of the establishments or occupations not otherwise prohibited by law. EC Schooldays; Exceptions (a) Except as provided in subdivisions (b) and (c), a permit to work may be issued to a minor who has completed the equivalent of the 7th grade in a public school course to work outside of school hours for a period of time not to exceed three hours in any day while school is in session if the minor is 14 or 15 years of age, or four hours in any day in which he or she is required by law to attend school if the minor is 16 or 17 years of age. 137

138 (b) Notwithstanding subdivision (a), a permit to work may be issued, at the school district s discretion, to a minor 13 years of age if he or she has completed grade 6, has been identified by the school district in which he or she is enrolled as exhibiting the potential to drop out of school, and is a participant in an employment program that is conducted on school premises and sponsored by one or more school district, provided the program serves to foster the development of an appreciation by the pupil of the important of education in preparing a pupil for future education and employment. The permit shall limit the period any minor age 14 may work pursuant to this subdivision to two hours on any given day, up to a maximum of four hours each week. (c) A permit to work may also be issued to a minor age 16 or older to work outside of school hours for a period of time not to exceed eight hours in any day in which the minor is required by law to attend school and which is immediately prior to a non-school day [sic]. (d) Nothing in this section shall apply to any minor employed to deliver newspapers to consumers. EC Work Experience Education Course A permit to work may be issued to a minor who is under the age of 18 years and over the age of 14 years who is regularly enrolled in a high school or community college or who has been assigned to a vocational course in a place of employment, and who will work part time as a properly enrolled pupil in a work experience education course that meets all the requirements of such course as provided in Sections to 51769, inclusive. EC Certificate of Age The person authorized to issue permits to work or to employ may issue to any minor a certificate of age when the minor accompanied by his parent, guardian, or other person in control or charge of the minor, presents to the authority, the evidence of age specified in this chapter. The certificate of age shall serve as a permit to employ a minor who is not by law required to attend school, and who is otherwise required to hold a permit to work. EC Contents The permit to employ shall contain: (a) The name, age, birth date, address and phone number of the minor. (b) The place and hours of compulsory part-time school attendance for the minor, or statement of exemption there from, and the hours of compulsory full-time school attendance for the minor, if the permit is issued for outside of school hours. 138

139 (c) The maximum number of hours per day and per week the student may work while school is in session. (d) The minor's social security number. (e) The signature of the minor and the issuing authority. (f) The date on which the permit expires. EC Maximum Work Outside School Hours; Exceptions (a) While school is in session, an employer shall not employ a minor 14 or 15 years of age for more than three hours in any day, nor more than 18 hours in any week, nor during school hours, except that a minor enrolled in and employed pursuant to a school-supervised and school-administered work experience and career exploration program may be employed for no more than 23 hours, any portion of which may be during school hours. (b) An employer shall not employ a minor 16 or 17 years of age for more than four hours in any day in which that minor is required by law to attend school for 240 minutes or more, except as follows: (1) The minor is employed in personnel attendance occupations, as defined in the Industrial Welfare Commission Minimum Wage Order No. 15, schoolapproved work experience, or cooperative vocational education programs. (2) The minor has been issued a permit to work pursuant to subdivision (c) of Section and is employed in accordance with the provisions of that permit. (c) If evidence is shown, to the satisfaction of the authority issuing the permit to work, that the schoolwork or the health of the minor is being impaired by the employment, that authority may revoke the permit. (d) Nothing in this section shall apply to any minor employed to deliver newspapers to consumers. EC Forms; Source All permits to work or to employ, all certificates of age, and certificates of health pursuant to this chapter, shall be issued on forms prepared and provided by the Superintendent of Public Instruction. Local school districts authorized to issue permits to work may be authorized by the Superintendent Public Instruction to produce permits to work. EC

140 Expiration Permits to work issued during the school year shall expire five days after the opening of the next succeeding school year. EC Exemption; Horseback Riding Exhibitions Nothing in this article shall require a minor to obtain a permit to work in order for such minor to participate in horseback riding exhibitions, contests or events specified in paragraph (3) of subdivision (b) of Section 1308 of the Labor Code. EC Issuance; Family Support A permit to work full time may be issued to a minor under the age of 16 years and over the age of 14 years who holds a diploma of graduation from the prescribed elementary school course under both of the following circumstances: (a) The permit expires not later than the end of the current school year. (b) Any of the following conditions: (1) The parent or guardian of the minor child presents a sworn statement that the parent or guardian of the minor is incapacitated for labor through illness or injury, or that through the death or desertion of the father or mother of the minor, the family is in need of the earnings of the minor and that sufficient aid cannot be in any other manner. (2) The minor is unable to reside with his or her family and the earnings of the minor are necessary for the support of the minor. (3) The minor is residing with a foster care provider, or guardian receiving foster care funds for the minor, if the provider or guardian obtains written authorization from the minor's social worker, probation officer, or child protective services worker acting as an officer of the court. A permit may be issued to a minor who is subject to this paragraph only if the child s case plan documents that the purpose of the employment is to further the goal of emancipation pursuant to Part 6 (commencing with Section 7000) of Division 11 of the Family Code, or to enable the minor to gain knowledge of necessary work skills and work habits, and of the responsibilities related to maintaining employment. The person issuing the permit shall sign a statement that he or she, or a competent person designated by him or her, has investigated the conditions under which the applicant for the permit has been made and found that, in his or her judgment, the earnings of the minor are necessary for the family to support the minor or that the earnings of the minor are 140

141 necessary to support the minor and that sufficient aid cannot be secured in any other manner. Before issuing a work permit to a minor who is subject to paragraph (3) of subdivision (b), the person issuing the permit shall sign a statement that he or she has received authorization from the minor s social worker, probation officer, or child protective services worker. A minor who applies for a work permit pursuant to this section shall be duly enrolled in a work experience education program. EC Exemption from Restrictions Notwithstanding Section 49130, 49132, or or subdivision (d) of Section 49133, a permit to work full time may be issued to a minor over the age of 16 and under the age of 18. EC Appearance of Parent or Guardian No permit shall be issued until the minor accompanied by his parent or guardian, appears before the person authorized to issue the permit and makes application therefore. This section shall be applicable only to minors subject to Section EC Papers Duly Executed; Examination, Approval, and Filing No permit shall be issued until the issuing authority has received, examined, approved, and filed, the following papers duly executed: (a) The school record of the minor giving age, grade, and attendance for the current term signed by the principal or teacher. (b) Evidence of age, such as the school record of enrollment, or a certificate of birth, or a baptism certificate duly attested, or a passport, or affidavit of the parent, guardian, or custodian of the minor, such as shall convince the officer that the minor is of the age required by law. (c) The written statement from a prospective employer that work is waiting for the minor and describing the nature of the work. (d) A certificate signed by a physician appointed by the school board, or by other public medical officer, stating that the minor has been thoroughly examined by him, and, in his opinion, is physically fit to pursue the work specified. No fee shall be charged the minor for the physical certificate. This section shall be applicable only to minors subject to Section

142 EC Oath The parent, guardian, or custodian accompanying the minor shall make oath that his statement of the name, address, birthplace, and age of the minor as entered upon the application for the permit to work are true and correct to the best of his knowledge and belief. This section shall be applicable only to minors subject to Section EC Part-time Continuation Classes The authority issuing any permit to work full time shall immediately notify, in writing, the person in charge of the organization and maintenance of part-time continuation classes of the place of the minor's prospective employment, and the parent or guardian of the minor shall send the minor to the classes designated. EC Notice to Agricultural Workers with Minor Children Every owner, tenant, or operator of a farm employing thereon as agricultural labor any parent or guardian having minor children in his immediate care and custody shall post at a conspicuous place on the property or place of employment where it may be easily read by those employed, a notice stating that minor children are not allowed to work upon the premises unless legally permitted to do so by law and unless permits to work have been secured by the minor children from duly constituted authorities. All such notices shall be printed in both the English and Spanish languages. EC Work for Parent or Guardian In order that children may be disciplined and trained in habits of work and industry by their parents, guardians, or other persons standing in the place of parents, nothing in this chapter shall require a permit to work to be issued to any minor or require a permit to employ to be issued to the parent or guardian when the work or intended work to be performed by the minor is for or under the control of his parent or guardian and is performed upon or in connection with the premises owned, operated, or controlled by the parent or guardian. Nothing in this section shall be held to affect existing provisions of law which require permits to work to be issued to minors employed in manufacturing, mercantile, or similar commercial enterprises by their parents or guardians, or to do work which is otherwise forbidden by Section 1294, 1296, or of the Labor Code. All other provisions of law relating to compulsory education shall be effective as to the minor. 142

143 EC Permit to Employ Nothing in this chapter shall be construed to repeal or in any way modify the provisions of Sections 1298, 1390, 1394, 1396, and 1397 of the Labor Code. EC Permit to Employ No person, firm or corporation shall employ, suffer, or permit any minor under the age of 18 years to work in or in connection with any establishment or occupation except as provided in Section without a permit to employ, issued by the proper educational officers in accordance with law. EC File of Permits to Employ Every person, firm, corporation, or agent or officer of a firm or corporation, employing minors under the age of 18 years shall keep on file all permits to employ minors under the age of 18 years during the term of the employment. EC Notification of Intent to Employ The employer of any minor subject to this chapter shall send to the officer authorized to issue the permit to work a written notification of intent to employ a minor. The form of the intent to employ a minor shall be prescribed by the Department of Education and shall be furnished to the employer by the officer. EC Content of Notification The notification of intent to employ a minor shall contain: (a) The name, address, phone number, and social security number of the minor. (b) The name, address, phone number, and supervisor at the minor's place of employment. (c) The kind of work the minor will perform. (d) The maximum number of hours per day and per week the student will be expected to work for the employer. (e) The signatures of the parent or guardian, of the minor, and of the employer. 143

144 EC Inspection; Cancellation or Revocation Permits to work and to employ and certificates of age shall always be open to inspection by supervisors of attendance, probation officers, designees of the Labor Commissioner, and by officers of the Superintendent of Public Instruction. Every permit to work or to employ and every certificate of age shall be subject to cancellation at any time by the Superintendent of Public Instruction, the Labor Commissioner, or by the person issuing the permit or certificate whenever any person authorized to inspect such permits and certificates finds that the conditions for the legal issuance of the permit or certificate of age do not exist or did not exist at the time the permit or certificate was issued. A permit to work shall be revoked by the issuing authority when he is satisfied that the employment of the minor is impairing the health or education of the minor, or that any provision or condition of the permit is being violated, or that the minor is performing work in violation of any provision of law. EC Permit; Exemption for Horseback Riding Exhibitions Nothing in this article shall require a person to obtain a permit to employ in order for a minor to participate in horseback riding exhibitions, contests or events specified in paragraph (3) of subdivision (b) of Section 1308 of the Labor Code. EC Action Against Employer If upon inspection or investigation a supervisor of attendance, probation officer, or officer of the Superintendent of Public Instruction determines that a person is in violation of any statutory provision or rule or regulation relating to the employment of minors, he shall report the violation to the Labor Commissioner. Such report shall be made within 48 hours, and shall be in writing, setting forth the fact that he has good cause to believe that such statutory provision or rule or regulation is being violated by the person. Upon receipt of the report of violation, the Labor Commissioner shall make an inspection or investigation of the violation and shall take such action as is provided in Section 1287 of the Labor Code. EC Evidence of Illegal Employment Failure to produce a permit to work is prima facie evidence of the illegal employment of any minor whose permit to work is not produced. EC Penalties Any person, firm, corporation, or agent or officer of a firm or corporation, that violates or omits to comply with any of the provisions of this chapter, or that employees [sic] or suffers any minor under 18 years of age who is too old to be subject to compulsory fulltime school attendance to be employed in violation thereof, is guilty of a misdemeanor 144

145 and shall be punished by a fine of not less than one hundred dollars ($100), nor more than four hundred dollars ($400), or by imprisonment in the county jail for not more than 60 days, or by both such fine and imprisonment for each and every offense. EC False Statements; Penalties Every person authorized to sign any certificate of age or any permit to work or to employ which allows employment of any minor during or outside school hours, during a vacation of the public schools, or upon the regular school holiday who knowingly certifies to any false statement therein, is guilty of a misdemeanor, and is punishable by a fine of not less than ten dollars ($10) or more than one hundred dollars ($100), or imprisonment for not more than 30 days, or by both such fine and imprisonment. EC Independent Study Authorized; Curriculum; Restrictions (a) Commencing with the school year, the governing board of a school district or a county office of education may offer independent study to meet the educational needs of pupils in accordance with the requirements of this article. Educational opportunities offered through independent study may include, but shall not be limited to, the following: (1) Special assignments extending the content of regular courses of instruction. (2) Individualized study in a particular area of interest or in a subject not currently available in the regular school curriculum. (3) Individualized alternative education designed to teach the knowledge and skills of the core curriculum. Independent study shall not be provided as an alternative curriculum. (4) Continuing and special study during travel. (5) Volunteer community service activities that support and strengthen pupil achievement. (b) Not more than 10 percent of the pupils participating in an opportunity school or program, or a continuation high school, calculated as specified by the State Department of Education, shall be eligible for apportionment credit for independent study pursuant to this article. (c) No individual with exceptional needs, as defined in Section 56026, may participate in independent study, unless his or her individualized education program developed pursuant to Article 3 (commencing with Section 56340) of Chapter 4 of Part 30 specifically provides for that participation. 145

146 (d) No temporarily disabled pupil may receive individual instruction pursuant to Section through independent study. (e) No course included among the courses required for high school graduation under Section shall be offered exclusively through independent study. EC Ratio of Independent Study Pupils to Certificated Employees Responsible for Independent Study (a) The ratio of average daily attendance for independent study pupils 18 years of age or less to school district full-time equivalent certificated employees responsible for independent study, calculated as specified by the State Department of Education, shall not exceed the equivalent ratio of pupils to fulltime certificated employees for all other education programs operated by the school district. The ratio of average daily attendance for independent study pupils 18 years of age or less to county office of education full-time equivalent certificated employees responsible for independent study, to be calculated in a manner prescribed by the State Department of Education, shall not exceed the equivalent ratio or pupils to full-time certificated employees for all other educational programs operated by the high school of unified school district with the largest average daily attendance of pupils in that county. The computation of those ratios shall be performed annually by the reporting agency at the time of, and in connection with, the second principal apportionment report to the Superintendent of Public Instruction. (b) Only those units of average daily attendance for independent study that reflect a pupil-teacher ratio that does not exceed the ratio described in subdivision (a) shall be eligible for apportionment pursuant to Section , for school districts, and Section 2558, for county offices of education. Nothing in this section shall prevent a school district or county office of education from serving additional units of average daily attendance greater than the ratio described in subdivision (a), except that those additional units shall not be funded pursuant to Section or Section (c) The calculations performed for the purposes of this section shall not include either of the following: (1) The average daily attendance generated by special education pupils enrolled in special day classes on a full-time basis, or the teachers of those classes. (2) The average daily attendance or teachers in necessary small schools that are eligible to receive funding pursuant to Article 4 (commencing with Section 42280) of Chapter 7 of Part 24. (d) The pupil-teacher ratio described in subdivision (a) in a unified school district participating in the class size reduction program pursuant to Chapter 6.10 (commencing with Section 52120) may, at the school district's option, be 146

147 calculated separately for kindergarten and grades 1 to 6, inclusive, and for grades 7 to 12, inclusive. (e) The pupils-to-certificated-employee ratio described in subdivision (a) may, in a charter school, be calculated by using a fixed pupils-to-certificated-employee ratio of 25 to one, or by being a ratio of less than 25 pupils per certificated employee. All charter school pupils, regardless of age, shall be included in pupilto-certificated-employee ratio calculations. EC Services and Resources It is the intent of the Legislature that school districts and county offices of education offering independent study shall provide appropriate existing services and resources to enable pupils to complete their independent study successfully and shall ensure the same access to all existing services and resources in the school in which the pupil is enrolled pursuant to Section as is available to all other pupils in the school. In addition, the services and resources may include, but need not be limited to, any of the following: (a) A designated learning center or study area staffed by appropriately trained personnel (b) The services of qualified personnel to assess the achievement, abilities, interests, aptitudes, and needs of participating pupils to determine each of the following: (1) Whether full-time independent study is the most appropriate alternative for the pupil being referred. (2) If the answer to paragraph (1) is affirmative, the determination of the most appropriate individualized plan and resources to be made available to pupils enrolled in full-time independent study. (Added by Stats. 1989, c ) EC Apportionments for Independent Study by Pupils; Policy Requirements A school district or county office of education shall not be eligible to receive apportionments for independent study by pupils, regardless of age, unless it has adopted written policies, pursuant to rules and regulations adopted by the Superintendent of Public Instruction that include, but are not limited to, all of the following: (a) The maximum length of time, by grade level and type of program, that may elapse between the time an independent study assignment is made and the date by which the pupil must complete the assigned work. 147

148 (b) The number of missed assignments that will be allowed before an evaluation is conduced to determine whether it is in the best interests of the pupil to remain in independent study, or whether he or she should return to the regular school program. A written record of the findings of any evaluation made pursuant to this subdivision shall be maintained in the pupil s permanent record. (c) A requirement that a current written agreement for each independent study pupil shall be maintained on file including, but not limited to, all of the following: (1) The manner, time, frequency, and place for submitting a pupil s work, and the methods utilized to evaluate that work. (2) The objectives and methods of study for the pupil s work, and the methods utilized to evaluate that work. (3) The specific resources, including materials and personnel that will be made available to the pupil. (4) A statement of the policies adopted pursuant to subdivisions (a) and (b) regarding the maximum length of time allowed between the assignment and the completion of a pupil s assigned work, and the number of missed assignments allowed prior to an evaluation of whether or not the pupil should be allowed to continue in independent study. (5) The duration of the independent study agreement, including the beginning and ending dates for the pupil s participation in independent study under the agreement. No independent study agreement shall be valid for any period longer than one semester, or one-half year for a school on a yearround calendar. (6) A statement of the number of course credits or, for the elementary grades, other measures of academic accomplishment appropriate to the agreement, to be earned by the pupil upon completion. (7) The inclusion of a statement in each independent study agreement that independent study is an optional educational alternative in which no pupil may be required to participate. In the case of a pupil who is referred or assigned to any school, class, or program pursuant to Section or 48917, the agreement also shall include the statement that instruction may be provided to the pupil through independent study only if the pupil is offered the alternative of classroom instruction. (8) Each written agreement shall be signed, prior to the commencement of independent study, by the pupil, the pupil s parent or legal guardian if the pupil is less than 18 years of age, the certificated employee who has been designated as having responsibility for the general supervision of independent study, and all persons who have direct responsibility for providing assistance to the pupil. 148

149 EC Restrictions on Apportionments; Residency Requirements (a) No local education agency may claim state funding for the independent study of a pupil, whether characterized as home study or otherwise, if the agency has provided any funds or other thing of value to the pupil or his or her parent or guardian that the agency does not provide to students who attend regular classes or to their parents or guardians. (b) Notwithstanding any other provision of law, community school and independent study average daily attendance shall be claimed by school districts and county superintendents of schools only for pupils who are residents of the county in which the apportionment claim is reported, or who are residents of a county immediately adjacent to the county in which the apportionment claim is reported. (c) The Superintendent of Public Instruction shall not apportion funds for reported average daily attendance, through full-time independent study, of pupils who are enrolled in school pursuant to subdivision (f) of Section (d) In conformity with Provisions 25 and 28 of Section 2.00 of the Budget Act of 1992, this section is applicable to average daily attendance reported for apportionment purposes beginning July 1, The provisions of this section are not subject to waiver by the State Board of Education, by the State Superintendent of Public Instruction, or under any provision of Part 26.8 (commencing with Section 47600). EC Coordination, Evaluation and Supervision of Independent Study; Ppportionment Credit (a) The independent study by each pupil or student shall be coordinated, evaluated, and, notwithstanding subdivision (a) of Section 46300, shall be under the general supervision of any employee of the school district or county office of education who possesses a valid certification document pursuant to Section 44865, registered as required by law. (b) School districts and county offices of education may claim apportionment credit for independent study only to the extent of the time value of pupil or student work products, as personally judged in each instance by a certificated teacher. EC Written Records for Apportionments School districts and county offices of education shall not be eligible to receive apportionment for independent study attendance by any pupil who is not otherwise identified in the written records of the district or county board by grade level, program placement, and the school in which he or she is enrolled. 149

150 EC Statewide Profile of Independent Study Pupils The Superintendent of Public Instruction, upon the next revision of the California Basic Educational Data System, or its equivalent, following the effective date of this article, shall include all data collection elements necessary to compile an annual statewide profile of pupils participating in independent study, including data on the number and percentage of pupils pursuing their coursework [sic] through independent study who successfully complete the requirements for a high school diploma. EC Rules and Regulations The Superintendent of Public Instruction shall establish rules and regulations for the purposes of implementing this article. EC Authority to Establish; Insurance The governing board of any district maintaining a high school may: (a) Provide for the instruction of pupils in the skills, attitudes, and understandings necessary to success in employment by means of courses of work experience education as provided in this article. (b) Provide for guidance and supervision procedures designed to insure maximum educational benefit to students from placement in suitable work experience education courses. (c) Provide for arranging, approving, coordinating, and awarding credit for work experience education courses, and for those purposes employ instructors, coordinators, and other necessary personnel. (d) Provide for the district to purchase liability insurance for students enrolled in programs of study involving work experience or vocational education at locations off school grounds approved by the governing board, or require students to purchase insurance and to pass on all or a portion of the costs, at the discretion of the governing boards, to the district. EC Grant of Credit; Conditions The governing board of any school district offering work experience education pursuant to the authority of Section shall grant credit to pupils satisfactorily completing a work experience education program, in an amount not to exceed a total of 40 semester credits, of which no more than 10 credits may be conferred in any one semester, provided the pupil meets all of the following requirements: 150

151 (a) At the time of enrollment, the pupil is at least 16 years of age. Pupils under the age of 16 years may receive credit for work experience education under the following conditions: (1) The pupil is enrolled in grade 11 or a higher grade. (2) The principal of the school in which the pupil is enrolled certifies that the pupil is in need of immediate work experience education in order to pursue employment opportunities. (3) The principal of the school in which the pupil is enrolled certifies that there is a probability that the pupil will no longer be enrolled as a full-time pupil without being provided the opportunity to enroll in a work experience education program. (4) The pupil s individualized education program adopted pursuant to the requirements of Part 30 (commencing with Section 56000), prescribes the type of training for which participation in a work experience program is deemed appropriate. (b) During the course of the pupil s enrollment in the program, the pupil receives as a minimum the equivalent of one instructional period per week of classroom instruction or counseling by a certificated employee. The instruction or counseling shall be offered in sessions scheduled intermittently throughout the semester. (c) The work experience education program meets all of the requirements of law governing these programs. (Amended by Stats. 1990, c. 930.) EC Work Experience or Vocational Education; Apportionments Notwithstanding Section 51760, attendance in work experience classes or programs maintained by a regional occupational center or regional occupational program shall not receive apportionments from state funds based on average daily attendance unless such classes or programs are in conformance with standards adopted pursuant to Section A student enrolled in a vocational education class using the cooperative vocational education methodology conducted by a regional occupational center or program shall not be credited with more than 15 hours of attendance in any calendar week for purposes of the methodology. 151

152 EC Implementation of Standards for Work Experience Education The Department of Education shall adopt any rules and regulations necessary to implement the standards set by the Superintendent of Public Instruction, in order to maintain the educational purpose and character of work experience education. EC Adoption of Standards for District Plans The Superintendent of Public Instruction shall adopt standards for district plans required by subdivision (b) of Section The adopted standards shall include, but shall not necessarily be limited to, all of the following: (a) Selection and approval of work stations (b) Classroom instruction (c) Supervision of pupils (d) Formal training agreements (e) Paid and unpaid on-the-job work experience programs (f) Academic credit for participation in work experience education programs EC Laws or Rules Applicable to Students in Work Experience All laws or rules applicable to minors in employment relationships are applicable to students enrolled in work experience education courses. EC Work Experience Education Work experience education as authorized by this article includes the employment of pupils in part-time jobs selected or approved as having educational value for the students employed therein and coordinated by school employees. EC Funds for Work Experience Programs for Mentally Retarded Pupils The governing board of any school district which establishes and supervises a work experience education program in which mentally retarded pupils are employed in parttime jobs may use funds derived from any source, to the extent permissible by appropriate law or regulation, to pay the wages of pupils so employed. The Legislature hereby finds and declares that the authority granted by the provisions of this section is necessary to ensure that the work experience education program will 152

153 continue to provide maximum educational benefit to students, particularly mentally retarded pupils, and that such program is deemed to serve a public purpose. EC Work Experience Education Involving Apprenticeable Occupations Work experience education involving apprenticeable occupations shall be consistent with the purposes of Chapter 4 (commencing with Section 3070), Division 3 of the Labor Code and with standards established by the California Apprenticeship Council. EC Work Experience Education in Areas Outside District The governing board of any school district which maintains one or more high schools may provide for the establishment and supervision of work experience education programs in areas outside the district, either within this state or in a contiguous state. EC Employment of Pupils in Part-Time Jobs Located Outside District The governing board of any school district providing work experience and work study education may provide for employment under the program of pupils in part-time jobs located in areas outside the district, either within this state or in a contiguous state, and the employment may be by any public or private employer. The districts may pay wages to persons receiving the training whether assigned within or without the district and may provide workers compensation insurance as may be necessary, but no payments may be made to or for private employers. However, wages to individuals with exceptional needs, as defined in Section 56026, may be paid to or for private employers as part of work experience programs funded through the annual Budget Act for these individuals. EC Workers' Compensation; Status as Employer (a) Notwithstanding any provision of this code or the Labor Code to the contrary, the school district, county superintendent of schools, or any school administered by the State Department of Education under whose supervision work experience education, cooperative vocational education or community classrooms as defined by regulations adopted by the Superintendent of Public Instruction, or a job shadowing experience, as defined in subdivision (b), are provided shall be considered the employer under Division 4 (commencing with Section 3200) of the Labor Code of persons receiving this training unless the persons during the training are being paid a cash wage or salary by a private employer, or unless the person or firm under whom the persons are receiving work experience or occupational training elects to provide workers' compensation insurance. An apprentice, while attending related and supplemental instruction classes, shall be considered to be in the employ of the apprentice's employer and not subject to this section, unless the apprentice is unemployed. Whenever this work experience education, cooperative vocational education, community classroom education, or job shadowing, is under the supervision of a regional occupational 153

154 center or program operated by two or more school districts pursuant to Section 52301, the district of residence of the persons receiving the training shall be deemed the employer for the purposes of this section. (b) For purposes of this section, "job shadowing experience" means a visit to a work place for the purpose of career exploration for no less than three hours and no more than 25 hours in one semester, intersession, or summer school session. EC Child Labor Laws Sections 1292, 1293, and 1294 of the Labor Code shall not apply to work experience education programs established pursuant to this article if all of the following occur; (a) The work experience education coordinator determines that the students have been sufficiently trained in the employment or work otherwise prohibited. (b) Parental approval is obtained. (c) The principal or the counselor of the student has determined that the progress of the student toward graduation will not be impaired. EC Legislative Intent and Findings In enacting this article, it is the intent of the Legislature to provide qualified students with the opportunity to attend a technical school or enroll in a vocational or technical training program, regardless of the geographical location of their residence in a county or region. The Legislature hereby declares that a regional occupational center will serve the state and national interests in providing vocational and technical education to prepare students for an increasingly technological society in which generalized training and skills are insufficient to prepare high school students and graduates, and out-ofschool youth and adults for the many employment opportunities which require special or technical training and skills. The Legislature also declares that regional occupational centers will enable a broader curriculum in technical subjects to be offered, and will avoid unnecessary duplication of courses and expensive training equipment, and will provide a flexibility in operation which will facilitate rapid program adjustments and meeting changing training needs as they arise. It is recognized by the Legislature that vocational programs may achieve great flexibility of planning, scope and operation by the conduct of such programs in a variety of physical facilities at various training locations. It is the further intent of the Legislature that regional occupational centers and programs provide vocational and occupational instruction related to the attainment of skills so that trainees are prepared for gainful employment in the area for which training was provided, or are upgraded so they have the higher level skills required because of new and changing technologies or so that they are prepared for enrollment in more advanced training programs. 154

155 EC Establishing Regional Occupational Center or Programs; Multiple School Districts (a) (1) The county superintendent of schools of each county, with the consent of the State Board of Education, may establish and maintain, or with one or more counties may establish and maintain, at least one regional occupational center, or regional occupational program, in the county to provide education and training in vocational courses. The governing boards of any school districts maintaining high schools in the county may, with the consent of the State Board of Education and of the county superintendent of schools, cooperate in the establishment and maintenance of a regional occupational center or program, except that if such a school district also maintains 500 or more schools, its governing board may establish and maintain one or more regional occupational centers or programs, without those restrictions. A regional occupational center or program may be established by two or more school districts maintaining high schools through the use of the staff and facilities of a community college or community colleges serving the same geographic area as the school districts maintaining the high schools, with the consent of the State Board of Education and the county superintendent of schools. (2) The establishment and maintenance of a regional occupational center or program, by two or more school districts may be undertaken pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code. In such a regional occupational center or program, the functions of the county auditor undertaken pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code shall be performed by the county superintendent of schools in a county in which the board of supervisors has transferred educational functions from the county auditor to the county superintendent of schools pursuant to Sections 42649, as added by Chapter 533 of the Statutes of 1977, and If a school district or school districts establish and maintain such a regional occupational center or program, pursuant to this chapter, the county superintendent of schools may, with the consent of the State Board of Education, establish and maintain a separate regional occupational center or centers or program or programs. (b) Notwithstanding other provisions of this section, a single school district located in a class 1 county, as defined in Section 1205, and having an average daily attendance of 50,000 or more, or a single school district located in a class 2 county, as defined in Section 1206, and having an average daily attendance of 100,000 or more, may apply to the State Board of Education through the county superintendent of schools for permission to establish a regional occupational center or program. Except as provided in subdivision (c), the State Board of Education shall, within 90 days of receipt of an application, prescribe a procedure whereby the district may establish a center or program in accordance with its application and in compliance with the provisions of the State Plan for Vocational 155

156 Education. The county superintendent of schools may supervise establishment of the center or program. (c) (1) The State Board of Education may disapprove a waiver application submitted by a single school district pursuant to Article 3 (commencing with Section 33050) of Chapter 1 of Part 20 for permission to establish a regional occupational center or program which does not meet the requirements of this section if the board determines that the establishment of the center or program would have an adverse effect upon existing regional occupational centers or programs located in schools districts which are contiguous to the applicant schools district. (2) The State Board of Education shall establish criteria to measure adverse effect. The criteria shall include, but not be limited to, hardship on (1) districts operating regional occupational centers or programs which are contiguous to the applicant district and, (2) students of districts operating regional occupational centers or programs which are contiguous to the applicant district. (d) Notwithstanding any other provision of law, any regional occupational center or program operated by a single district under provisions of Section shall be granted permanent status if the single district has previously been granted two waivers from the State Board of Education to operate a single district regional occupational center or program and the single district maintains at least three but not more than five comprehensive high schools within the district. The revenue limit for a regional occupational center or program established under this subdivision shall be either the lower of: (1) the revenue limit under which the center or program operates as of January 1, 1985, or (2) the district s revenue limit as of January 1, 1985, except that this revenue limit shall be subject to annual percentage cost-of-living adjustments provided for regional occupational centers and programs. The governing board of the school district shall retain authority to decide whether or not to operate the regional occupational center or program under this subdivision. EC Admission of Pupils (a) (1) Except as provided in subdivision (b), any pupil eligible to attend a high school or adult school in a school district subject to the jurisdiction of a county superintendent of schools operating a regional occupational center or regional occupational program, and who resides in a school district which by itself or in cooperation with other school districts, has not established a regional occupational center, or regional occupational program, is eligible to attend a regional occupational center or regional occupational program maintained by the county superintendent of schools. Any school district which in cooperation with other school districts maintains a regional occupational center, or regional occupational program, or any such cooperating school districts may admit to the center, or program, any pupil, otherwise eligible, who resides in the district or in 156

157 any of the cooperating districts. Any school district which by itself maintains a regional occupational center, or regional occupational program, may admit to the center, or program, any pupil, otherwise eligible, who resides in the district. No pupil, including adults under Section shall be admitted to a regional occupational center, or regional occupational program, unless the county superintendent of schools or governing board of the district or districts maintaining the center, or program, as the case may be, determines that the pupil will benefit there from and approves of his or her admission to the regional occupational center or regional occupational program. (2) Adult students shall not be enrolled in regional occupational center or program courses during the school day on a high school campus unless specifically authorized by the policy of the governing board of the school district. (3) A pupil may be admitted on a full-time or part-time basis, as determined by the county superintendent of schools or governing board of the school district or districts maintaining the center, or program, as the case may be. (b) A pupil is not eligible to be admitted to a regional occupational center or program, and his or her attendance shall not be credited to a regional occupational center or program, until he or she has attained the age of 16 years, unless the pupil meets one or more of the following conditions: (1) The pupil is enrolled in grade 11 or a higher grade. (2) The pupil received a referral and all of the following conditions are met: (i) The pupil is referred to a regional occupational center or program as part of a comprehensive high school plan that has been approved by a school counselor or school administrator. The approval of the pupil's parents or guardian may be sought but is not required. (ii) The pupil's comprehensive high school plan requires referral to a regional occupational center or program as part of a sequence of vocational courses that allows the pupil to learn a comprehensive skill occupation that culminates in earning a postsecondary vocational certificate or diploma or its equivalent. (iii) The pupil is enrolled in a school that maintains any of grades 9 to 12, inclusive. (3) The individualized education program of a pupil adopted pursuant to the requirements of Chapter 4 (commencing with Section 56300) of Part 30 prescribes occupational training for which his or her enrollment in a 157

158 regional occupational center or program is deemed appropriate. (4) The pupil is enrolled in grade 10 and has a comprehensive high school plan that has been approved by a school counselor, and the admission of that pupil will not result in the denial of admission or displacement of pupils in grades 11 and 12 that would otherwise participate in the regional occupational center or program. (c) (1) Each school district, county superintendent of schools, or joint powers agency that maintains a regional occupational center or regional occupational program shall submit to the department, at the time and in the manner prescribed by the Superintendent, the enrollment and average daily attendance for each grade level and the enrollment and average daily attendance for each exemption set forth in subdivision (b). (2) The department shall submit this information to the education and budget committees of the Legislature, the Legislative Analyst's Office, and the Director of Finance by April 1 of each year for the preceding school year. EC Admission of Youths Age 16 to 18 Not Attending High School A regional occupational center or program established and maintained by a county superintendent of schools, school districts, or joint powers agencies pursuant to Section shall admit youths between the ages of 15 to 18 years who are eligible to attend a high school in a school district, but who have not been enrolled on a full-time or parttime basis for a period of more than three months during the regular school year, if all of the following apply: (a) The center or program, in conjunction with the appropriate school district, develops a comprehensive high school plan that describes the academic and vocational instruction that will be provided to the pupil. (b) The pupil's parents or guardian approves the comprehensive plan in writing. (c) The pupil enrolls in the appropriate adult school or high school courses that are needed to satisfy the comprehensive high school plan. EC Legislative Findings and Declarations; Workplace Skills Training; Private Sector Industry Internships and Apprenticeship Models The Legislature hereby finds and declares as follows: (a) A consensus exists among employment training professionals, economists, and industry experts concerning the serious mismatch that has developed between labor force skills and the needs of employers. (b) Workplace skills training is most effective within a real workplace environment. 158

159 (c) Private sector industry internships and apprenticeship models successfully focus employment training on a specific job or set of skills, thereby meeting the precise needs of the labor market. (d) Many high-growth industries, such as new media and biotechnology, are particularly suited to worksite-based learning because skills required by those industries involve the use of costly equipment and require continual upgrading. EC Apprenticeship Program Standards; Apprenticeship Training Programs; Internship Training Program For the purposes of this article, the following definitions shall apply: (a) "Apprenticeship program standards" means the written document containing, among other things, all the terms and conditions for the qualification, recruitment, selection, employment and training, working conditions, wages, employee benefits, and other compensation for apprentices and all other provisions and statements, including attachments, as required by the Labor Code and by Chapter 2 (commencing with Section 200) of Title 8 of the California Code of Regulations, which, when approved by the Chief of the Division of Apprenticeship Standards of the Department of Industrial Relations, shall constitute registration of these standards and authority to conduct that program of apprenticeship in this state. (b) "Apprenticeship training program" means a comprehensive plan containing, among other things, apprenticeship program standards, program regulations, related and supplemental instruction course outlines, and policy statements for the effective administration of that apprenticeship training program, in accordance with Chapter 2 (commencing with Section 200) of Title 8 of the California Code of Regulations. (c) "Internship training program" means a planned series of educational training activities, paid or unpaid, in a specific or general occupational field. EC Internship Training Programs and Apprenticeship Training Programs; Establishment and Support by Board of Governors To the extent sufficient resources exist, the board of governors may establish internship training programs and actively support apprenticeship training programs in collaboration with the State Department of Education and the Division of Apprenticeship Standards. The board of governors may establish internship training programs pursuant to this section for only those occupations not covered by an apprenticeship training program approved by the Division of Apprenticeship Standards of the Department of Industrial Relations prior to January 1,

160 EC Innovative Apprenticeship Training Demonstration Projects; Development and Implementation Report (a) To the extent that sufficient federal funds and other resources are available, the Division of Apprenticeship Standards, in partnership with the State Department of Education and the California Community Colleges, shall develop and implement innovative apprenticeship training demonstration projects in high-growth industries in emerging and transitioning occupations that meet local labor market needs and that are validated by current labor market data. (b) The Division of Apprenticeship Standards, in collaboration with the State Department of Education and the California Community Colleges, shall submit a report not later than December 31, 1998, to the Governor and the Legislature containing a summary of educational and vocational outcomes resulting from innovative apprenticeship training demonstration projects. The report shall include a status report on the number of participating registered apprentices as well as a statewide analysis and needs assessment regarding the extent that these apprenticeship training demonstration projects are meeting work force training needs in high growth industries. EC Personnel File Contents and Inspection (a) Every employee has the right to inspect personnel records pursuant to Section of the Labor Code. (b) In addition to subdivision (a), all of the following shall apply to an employee of a school district: (1) Information of a derogatory nature shall not be entered into an employee's personnel records unless and until the employee is given notice and an opportunity to review and comment on that information. The employee shall have the right to enter, and have attached to any derogatory statement, his or her own comments. The review shall take place during normal business hours and the employee shall be released from duty for this purpose without salary reduction. (2) The employee shall not have the right to inspect personnel records at a time when the employee is actually required to render services to the district. (3) Nothing in this section shall entitle an employee to review ratings, reports, or records that: (a) were obtained prior to the employment of the person involved; (b) were prepared by identifiable examination committee members; or, (c) were obtained in connection with a promotional examination. 160

161 Family Code (FC) FC 6500 Minor A minor is an individual who is under 18 years of age. The period of minority is calculated from the first minute of the day on which the individual is born to the same minute of the corresponding day completing the period of minority. FC 6501 Adult An adult is an individual who is 18 years of age or older. FC 7000 Citation of Part This part may be cited as the Emancipation of Minors Act. FC 7001 Purpose and Intent of Part It is the purpose of this part to provide a clear statement defining emancipation and its consequences and to permit an emancipated minor to obtain a court declaration of the minor s status. This part is not intended to affect the status of minors who may become emancipated under the decisional case law that was in effect before the enactment of Chapter 1059 of the Statutes of FC 7002 Emancipated Minor A person under the age of 18 years is an emancipated minor if any of the following conditions is satisfied: (a) The person has entered into a valid marriage, whether or not the marriage has been dissolved. (b) The person is on active duty with the armed forces of the United States. (c) The person has received a declaration of emancipation pursuant to Section FC 7050 Emancipated Minor Considered an Adult An emancipated minor shall be considered as being an adult for the following purposes: (a) The minor s right to support by the minor's parents. 161

162 (b) The right of the minor's parents to the minor s earnings and to control the minor. (c) The application of Sections 300 and 601 of the Welfare and Institutions Code. (d) Ending all vicarious or imputed liability of the minor s parents or guardian for the minor s torts. Nothing in this section affects any liability of a parent, guardian, spouse, or employer imposed by the Vehicle Code, or any vicarious liability that arises from an agency relationship. (e) The minor s capacity to do any of the following: (1) Consent to medical, dental, or psychiatric care, without parental consent, knowledge, or liability. (2) Enter into a binding contract or give a delegation of power. (3) Buy, sell, lease, encumber, exchange, or transfer an interest in real or personal property, including, but not limited to, shares of stock in a domestic or foreign corporation or a membership in a nonprofit corporation. (4) Sue or be sued in the minor's own name. (5) Compromise, settle, arbitrate, or otherwise adjust a claim, action, or proceeding by or against the minor. (6) Make or revoke a will. (7) Make a gift, outright or in trust. (8) Convey or release contingent or expectant interests in property, including marital property rights and any right of survivorship incident to joint tenancy, and consent to a transfer, encumbrance, or gift of marital property. (9) Exercise or release the minor s powers as donee of a power of appointment unless the creating instrument otherwise provides. (10) Create for the minor's own benefit or for the benefit of others a revocable or irrevocable trust. (11) Revoke a revocable trust. (12) Elect to take under or against a will. (13) Renounce or disclaim any interest acquired by testate or intestate succession or by inter vivos transfer, including exercise of the right to surrender the right to revoke a revocable trust. (14) Make an election referred to in Section of, or an election and agreement referred to in Section of, the Probate Code. 162

163 FC 7120 Petition (15) Establish the minor's own residence. (16) Apply for a work permit pursuant to Section of the Education Code without the request of the minor s parents. (17) Enroll in a school or college. (a) A minor may petition the superior court of the county in which the minor resides or is temporarily domiciled for a declaration of emancipation. (b) The petition shall set forth with specificity all of the following facts: (1) The minor is at least 14 years of age. (2) The minor willingly lives separate and apart from the minor's parents or guardian with the consent or acquiescence of the minor's parents or guardian. (3) The minor is managing his or her own financial affairs. As evidence of this, the minor shall complete and attach a declaration of income and expenses as provided in Section of the California Rules of Court. (4) The source of the minor's income is not derived from any activity declared to be a crime by the laws of this state or the laws of the United States. FC 7122 Issuance of Declaration of Emancipation (a) The court shall sustain the petition if it finds that the minor is a person described by Section 7120 and that emancipation would not be contrary to the minor's best interest. (b) If the petition is sustained, the court shall forthwith issue a declaration of emancipation, which shall be filed by the county clerk. (c) A declaration is conclusive evidence that the minor is emancipated. 163

164 Labor Code (LC) LC 18 Persons Defined "Person" means any person, association, organization, partnership, business trust, limited liability company, or corporation. LC 19 Department Defined "Department" means Department of Industrial Relations. LC 90 Access to Places of Labor; Refusal of Admission or Information; Misdemeanor; Penalty The Labor Commissioner, his deputies and agents, shall have free access to all places of labor. Any person, or agent or officer thereof, who refuses admission to the Labor Commissioner or his deputy or agent or who, upon request, willfully neglects or refuses to furnish them any statistics or information, pertaining to their lawful duties, which are in his possession or under his control, is guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000). LC 96 Assignment of Claims The Labor Commissioner and his or her deputies and representatives authorized by him or her in writing shall, upon the filing of a claim therefore by an employee, or an employee representative authorized in writing by an employee, with the Labor Commissioner, take assignments of: (a) Wage claims and incidental expense accounts and advances. (b) Mechanics' and other liens of employees. (c) Claims based on "stop orders" for wages and on bonds for labor. (d) Claims for damages for misrepresentations of conditions of employment. (e) Claims for unreturned bond money of employees. (f) Claims for penalties for nonpayment of wages. (g) Claims for the return of workers' tools in the illegal possession of another person. (h) Claims for vacation pay, severance pay, or other compensation supplemental to a wage agreement. 164

165 (i) Wards for workers' compensation benefits in which the Workers' Compensation Appeals Board has found that the employer has failed to secure payment of compensation and where the award remains unpaid more than 10 days after having become final. (j) Claims for loss of wages as the result of discharge from employment for the garnishment of wages. (k) Claims for loss of wages as the result of demotion, suspension, or discharge from employment for lawful conduct occurring during nonworking hours away from the employer's premises. LC 98 Employee Complaints; Investigations and Hearing; Pleadings; Evidence (a) The Labor Commissioner shall have the authority to investigate employee complaints. The Labor Commissioner may provide for a hearing in any action to recover wages, penalties, and other demands for compensation properly before the division or the Labor Commissioner including orders of the Industrial Welfare Commission, and shall determine all matters arising under his or her jurisdiction. It shall be within the jurisdiction of the Labor Commissioner to accept and determine claims from holders of payroll checks or payroll drafts returned unpaid because of insufficient funds, if, after a diligent search, the holder is unable to return the dishonored check or draft to the payee and recover the sums paid out. Within 30 days of filing of the complaint, the Labor Commissioner shall notify the parties as to whether a hearing will be held, or whether action will be taken in accordance with Section 98.3, or whether no further action will be taken on the complaint. If the determination is made by the Labor Commissioner to hold a hearing, the hearing shall be held within 90 days of the date of that determination. However, the Labor Commissioner may postpone or grant additional time before setting a hearing if the Labor Commissioner finds that it would lead to an equitable and just resolution of the dispute. It is the intent of the Legislature that hearings held pursuant to this section be conducted in an informal setting preserving the right of the parties. (b) When a hearing is set, a copy of the complaint, which shall include the amount of compensation requested, together with a notice of time and place of the hearing, shall be served on all parties, personally or by certified mail. (c) Within 10 days after service of the notice and the complaint, a defendant may file an answer with the Labor Commissioner in any form as the Labor Commissioner may prescribe, setting forth the particulars in which the complaint is inaccurate or incomplete and the facts upon which the defendant intends to rely. (d) No pleading other than the complaint and answer of the defendant or defendants shall be required. Both shall be in writing and shall conform to the form and the rules of practice and procedure adopted by the Labor Commissioner. 165

166 (e) Evidence on matters not pleaded in the answer shall be allowed only on terms and conditions the Labor Commissioner shall impose. In all these cases, the claimant shall be entitled to a continuance for purposes of review of the new evidence. (f) If the defendant fails to appear or answer within the time allowed under this chapter, no default shall be taken against him or her, but the Labor Commissioner shall hear the evidence offered and shall issue an order, decision, or award in accordance with the evidence. A defendant failing to appear or answer, or subsequently contending to be aggrieved in any manner by want of notice of the pendency of the proceedings, may apply to the Labor Commissioner for relief in accordance with Section 473 of the Code of Civil Procedure. The Labor Commissioner may afford this relief. No right to relief, including the claim that the findings or award of the Labor Commissioner or judgment entered thereon are void upon their face, shall accrue to the defendant in any court unless prior application is made to the Labor Commissioner in accordance with this chapter. (g) All hearings conducted pursuant to this chapter are governed by the division and by the rules of practice and procedure adopted by the Labor Commissioner. (h) Whenever a claim is filed under this chapter against a person operating or doing business under a fictitious business name, as defined in Section of the Business and Professions Code, which relates to the person's business, the division shall inquire at the time of the hearing whether the name of the person is the legal name under which the business or person has been licensed, registered, incorporated, or otherwise authorized to do business. The division may amend an order, decision, or award to conform to the legal name of the business or the person who is the defendant to a wage claim, provided it can be shown that proper service was made on the defendant or his or her agent, unless a judgment had been entered on the order, decision, or award pursuant to subdivision (d) of Section The Labor Commissioner may apply to the clerk of the municipal or superior court to amend a judgment that has been issued pursuant to a final order, decision, or award to conform to the legal name of the defendant, provided it can be shown that proper service was made on the defendant or his or her agent. LC 98.1 Order, Decision or Award; Appellate Rights; Interest on Award (a) Within 15 days after the hearing is concluded, the Labor Commissioner shall file in the office of the division a copy of the order, decision, or award. The order, decision, or award shall include a summary of the hearing and the reasons for the decision. Upon filing of the order, decision, or award, the Labor Commissioner shall serve a copy of the decision personally or by first-class mail on the parties. The notice shall also advise the parties of their right to appeal the decision or award and further advise the parties that failure to do so within the period prescribed by this chapter shall result in the decision or award becoming final and enforceable as a judgment by the appropriate municipal or superior 166

167 court, in accordance with the appropriate rules of jurisdiction. (b) For the purpose of this section, an award shall include any sums found owing, damages proved, and any penalties awarded pursuant to this code. (c) All awards granted pursuant to a hearing under this chapter shall accrue interest on all due and unpaid wages at the same rate as prescribed by subdivision (b) of Section 3289 of the Civil Code. The interest shall accrue until the wages are paid from the date that the wages were due and payable as provided in Part 1 (commencing with Section 200) of Division 2. LC 98.2 Review; Costs and Attorney s Fees; Stay of Execution; Satisfaction of Judgment (a) Within 10 days after service of notice of an order, decision, or award the parties may seek review by filing an appeal to the municipal or superior court, in accordance with the appropriate rules of jurisdiction, where the appeal shall be heard de novo. A copy of the appeal request shall be served upon the Labor Commissioner by the appellant. For purposes of computing the 10-day period after service, Section 1013 of the Code of Civil Procedure shall be applicable. (b) Whenever an employer files an appeal pursuant to this section, the employer shall post an undertaking with the reviewing court in the amount of the order, decision, or award. The undertaking shall consist of an appeal bond issued by a licensed surety or a cash deposit with the court in the amount of the order, decision, or award. The employer shall provide written notification to the other parties and the Labor Commissioner of the posting of the undertaking. The undertaking shall be on the condition that, if any judgment is entered in favor of the employee, the employer shall pay the amount owed pursuant to the judgment, and if the appeal is withdrawn or dismissed without entry of judgment, the employer shall pay the amount owed pursuant to the order, decision, or award of the Labor Commissioner unless the parties have executed a settlement agreement for payment of some other amount, in which case the employer shall pay the amount that the employer is obligated to pay under the terms of the settlement agreement. If the employer fails to pay the amount owed within 10 days of entry of the judgment, dismissal, or withdrawal of the appeal, or the execution of a settlement agreement, a portion of the undertaking equal to the amount owed, or the entire undertaking if the amount owed exceeds the undertaking, shall be forfeited to the employee. (c) If the party seeking review by filing an appeal to the municipal or superior court is unsuccessful in the appeal, the court shall determine the costs and reasonable attorney's fees incurred by the other parties to the appeal, and assess that amount as a cost upon the party filing the appeal. (d) If no notice of appeal of the order, decision, or award is filed within the period set forth in subdivision (a), the order, decision, or award shall, in the absence of fraud, be deemed the final order. 167

168 (e) The Labor Commissioner shall file, within 10 days of the order becoming final pursuant to subdivision (d), a certified copy of the final order with the clerk of the municipal or superior court, in accordance with the appropriate rules of jurisdiction, of the appropriate county unless a settlement has been reached by the parties and approved by the Labor Commissioner. Judgment shall be entered immediately by the court clerk in conformity therewith. The judgment so entered shall have the same force and effect as, and shall be subject to all of the provisions of law relating to, a judgment in a civil action, and may be enforced in the same manner as any other judgment of the court in which it is entered. Enforcement of the judgment shall receive court priority. (f) In order to ensure that judgments are satisfied, the Labor Commissioner may serve upon the judgment debtor, personally or by first-class mail at the last known address of the judgment debtor listed with the division, a form similar to, and requiring the reporting of the same information as, the form approved or adopted by the Judicial Council for purposes of subdivision (a) of Section of the Code of Civil Procedure to assist in identifying the nature and location of any assets of the judgment debtor. The judgment debtor shall complete the form and cause it to be delivered to the division at the address listed on the form within 35 days after the form has been served on the judgment debtor, unless the judgment has been satisfied. In case of willful failure by the judgment debtor to comply with this subdivision, the division or the judgment creditor may request the court to apply the sanctions provided in Section of the Code of Civil Procedure. (g) Notwithstanding subdivision (e), the Labor Commissioner may stay execution of any judgment entered upon an order, decision, or award that has become final upon good cause appearing therefore and may impose the terms and conditions of the stay of execution. A certified copy of the stay of execution shall be filed with the clerk entering the judgment. (h) When a judgment is satisfied in fact, otherwise than by execution, the Labor Commissioner may, upon the motion of either party or on its own motion, order entry of satisfaction of judgment. The clerk of the court shall enter a satisfaction of judgment upon the filing of a certified copy of the order. (i) The Labor Commissioner shall make every reasonable effort to ensure that judgments are satisfied, including taking all appropriate legal action and requiring the employer to deposit a bond as provided in Section 240. (j) The judgment creditor, or the Labor Commissioner as assignee of the judgment creditor, shall be entitled to court costs and reasonable attorney fees for enforcing the judgment that is rendered pursuant to this section. LC 98.3 Actions for Collection of Wages, etc., by Labor Commissioner; Conditions (a) The Labor Commissioner may prosecute all actions for the collection of wages, penalties, and demands of persons who in the judgment of the Labor 168

169 Commissioner are financially unable to employ counsel and the Labor Commissioner believes have claims which are valid and enforceable. The Labor Commissioner may also prosecute actions for the return of worker's tools which are in the illegal possession of another person. (b) The Labor Commissioner may prosecute action for the collection of wages and other moneys payable to employees or to the state arising out of an employment relationship or order of the Industrial Welfare Commission. (c) The Labor Commissioner may also prosecute actions for wages or other monetary benefits that are due the Industrial Relations Unpaid Wage Fund. LC 98.4 Representation by Commissioner of Financially Disabled Persons in de novo Proceedings The Labor Commissioner may, upon the request of a claimant financially unable to afford counsel, represent such claimant in the de novo proceedings provided for in Section In the event that such claimant is attempting to uphold the amount awarded by the Labor Commissioner and is not objecting to any part of the Labor Commissioner's final order, the Labor Commissioner shall represent the claimant. LC 98.5 Intervention by Labor Commissioner The Labor Commissioner shall have the right to intervene in any court proceedings conducted pursuant to Section 98.2 where questions of the interpretation of statutes or administrative regulations are present. LC 98.6 Discrimination Against Employee Filing Complaint or Claim, Instituting Action or Testifying; Right to Reinstatement, Lost Wages and Benefits; Misdemeanor (a) No person shall discharge or in any manner discriminate against any employee because such employee has filed any bona fide complaint or claim or instituted or caused to be instituted any proceeding under or relating to his rights, which are under the jurisdiction of the Labor Commissioner, or has testified or is about to testify in any such proceeding or because of the exercise by such employee on behalf of himself or others of any rights afforded him. (b) Any employee who is discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated against in the terms and conditions of such employment because such employee has made a bona fide complaint or claim to the division pursuant to this part shall be entitled to reinstatement and reimbursement for lost wages and work benefits caused by such acts of the employer. Any employer who willfully refuses to hire, promote, or otherwise restore an employee or former employee who has been determined to be eligible for such rehiring or promotion by a grievance procedure, arbitration 169

170 or hearing authorized by law, is guilty of a misdemeanor. (c) (1) Any applicant for employment who is refused employment, who is not selected for a training program leading to employment, or who in any other manner is discriminated against in the terms and conditions of any offer of employment because the applicant engaged in any conduct delineated in this chapter, including the conduct described in subdivision (k) of Section 96, and Chapter 5 (commencing with Section 1101) of Part 3 of Division 2, or because the applicant has made a bona fide complaint or claim to the division pursuant to this part, or because the employee has initiated any action or notice pursuant to Section 2699 shall be entitled to employment and reimbursement for lost wages and work benefits caused by the acts of the prospective employer. (2) This subdivision shall not be construed to invalidate any collective bargaining agreement that requires an applicant for a position that is subject to the collective bargaining agreement to sign a contract that protects either or both of the following as specified in subparagraphs (A) and (B), nor shall this subdivision be construed to invalidate any employer requirement of an applicant for a position that is not subject to a collective bargaining agreement to sign an employment contract that protects either or both of the following: (i) An employer against any conduct that is actually in direct conflict with the essential enterprise-related interests of the employer and where breach of that contract would actually constitute a material and substantial disruption of the employer's operation. (ii) A firefighter against any disease that is presumed to arise in the course and scope of employment, by limiting his or her consumption of tobacco products on and off the job. (d) The provisions of this section creating new actions or remedies that are effective on January 1, 2002, to employees or applicants for employment do not apply to any state or local law enforcement agency, any religious association or corporation specified in subdivision (d) of Section of the Government Code, except as provided in Section of the Government Code, or any person described in Section 1070 of the Evidence Code. LC 98.7 Complaint by Employee Subjected to Discrimination; Investigation; Cease and Desist Order; Civil Action; Notice of Commissioner s Determination; Remedy Not Exclusive (a) Any person who believes that he or she has been discharged or otherwise discriminated against in violation of any provision of this code under the jurisdiction of the Labor Commissioner may file a complaint with the division within six months after the occurrence of the violation. The six-month period may be extended for good cause. The complaint shall be investigated by a 170

171 discrimination complaint investigator in accordance with this section. The Labor Commissioner shall establish procedures for the investigation of discrimination complaints. A summary of the procedures shall be provided to each complainant and respondent at the time of initial contact. The Labor Commissioner shall inform complainants charging a violation of Section 6310 or 6311, at the time of initial contact, of his or her right to file a separate, concurrent complaint with the United States Department of Labor within 30 days after the occurrence of the violation. (b) Each complaint of unlawful discharge or discrimination shall be assigned to a discrimination complaint investigator who shall prepare and submit a report to the Labor Commissioner based on an investigation of the complaint. The Labor Commissioner may designate the chief deputy or assistant Labor Commissioner or the chief counsel to receive and review the reports. The investigation shall include, where appropriate, interviews with the complainant, respondent, and any witnesses who may have information concerning the alleged violation, and a review of any documents which may be relevant to the disposition of the complaint. The identity of witnesses shall remain confidential unless the identification of the witness becomes necessary to proceed with the investigation or to prosecute an action to enforce a determination. The investigation report submitted to the Labor Commissioner or designee shall include the statements and documents obtained in the investigation, and the findings of the investigator concerning whether a violation occurred. The Labor Commissioner may hold an investigative hearing whenever the Labor Commissioner determines, after review of the investigation report, that a hearing is necessary to fully establish the facts. In the hearing the investigation report shall be made a part of the record and the complainant and respondent shall have the opportunity to present further evidence. The Labor Commissioner shall issue, serve, and enforce any necessary subpoenas. (c) If the Labor Commissioner determines a violation has occurred, he or she shall notify the complainant and respondent and direct the respondent to cease and desist from the violation and take such action as is deemed necessary to remedy the violation, including, where appropriate, rehiring or reinstatement, reimbursement of lost wages and interest thereon, payment of reasonable attorney's fees associated with any hearing held by the Labor Commissioner in investigating the complaint, and the posting of notices to employees. If the respondent does not comply with the order within 10 working days following notification of the Labor Commissioner's determination, the Labor Commissioner shall bring an action promptly in an appropriate court against the respondent. If the Labor Commissioner fails to bring an action in court promptly, the complainant may bring an action against the Labor Commissioner in any appropriate court for a writ of mandate to compel the Labor Commissioner to bring an action in court against the respondent. If the complainant prevails in his or her action for a writ, the court shall award the complainant court costs and reasonable attorney's fees, notwithstanding any other provision of law. Regardless of any delay in bringing an action in court, the Labor Commissioner shall not be divested of jurisdiction. In any such action, the court may permit the 171

172 (d) claimant to intervene as a party plaintiff to the action and shall have jurisdiction, for cause shown, to restrain the violation and to order all appropriate relief. Appropriate relief includes, but is not limited to, rehiring or reinstatement of the complainant, reimbursement of lost wages and interest thereon, and any other compensation or equitable relief as is appropriate under the circumstances of the case. The Labor Commissioner shall petition the court for appropriate temporary relief or restraining order unless he or she determines good cause exists for not doing so. (d) (1) If the Labor Commissioner determines no violation has occurred, he or she shall notify the complainant and respondent and shall dismiss the complaint. The Labor Commissioner may direct the complainant to pay reasonable attorney's fees associated with any hearing held by the Labor Commissioner if the Labor Commissioner finds the complaint was frivolous, unreasonable, groundless, and was brought in bad faith. The complainant may, after notification of the Labor Commissioner's determination to dismiss a complaint, bring an action in an appropriate court, which shall have jurisdiction to determine whether a violation occurred, and if so, to restrain the violation and order all appropriate relief to remedy the violation. Appropriate relief includes, but is not limited to, rehiring or reinstatement of the complainant, reimbursement of lost wages and interest thereon, and such other compensation or equitable relief as is appropriate under the circumstances of the case. When dismissing a complaint, the Labor Commissioner shall advise the complainant of his or her right to bring an action in an appropriate court if he or she disagrees with the determination of the Labor Commissioner, and in the case of an alleged violation of Section 6310 or 6311, to file a complaint against the state program with the United States Department of Labor. (2) The filing of a timely complaint against the state program with the United States Department of Labor shall stay the Labor Commissioner's dismissal of the division complaint until the United States Secretary of Labor makes a determination regarding the alleged violation. Within 15 days of receipt of that determination, the Labor Commissioner shall notify the parties whether he or she will reopen the complaint filed with the division or whether he or she will reaffirm the dismissal. (e) The Labor Commissioner shall notify the complainant and respondent of his or her determination under subdivision (c) or (d), not later than 60 days after the filing of the complaint. Determinations by the Labor Commissioner under subdivision (c) or (d) may be appealed by the complainant or respondent to the Director of Industrial Relations within 10 days following notification of the determination. The appeal shall set forth specifically and in full detail the grounds upon which the appealing party considers the Labor Commissioner's determination to be unjust or unlawful, and every issue to be considered by the director. The director may consider any issue relating to the initial determination and may modify, affirm, or reverse the Labor Commissioner's determination. The director's determination shall be the determination of the Labor Commissioner. The director shall notify the complainant and respondent of his or her 172

173 determination within 10 days of receipt of the appeal. (f) The rights and remedies provided by this section do not preclude an employee from pursuing any other rights and remedies under any other provisions of law. LC 98.8 Regulations and Rules of Practice and Procedure The Labor Commissioner shall promulgate all regulations and rules of practice and procedure necessary to carry out the provisions of this chapter. LC 98.9 Contractors; Findings of Deliberate Labor Code Violations; Delivery of Findings to Contractors State License Board Upon a finding by the Labor Commissioner that a willful or deliberate violation of any of the provisions of the Labor Code, within the jurisdiction of the Labor Commissioner, has been committed by a person licensed as a contractor pursuant to Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code, in the course of such licensed activity, the Labor Commissioner shall immediately, upon expiration of the period for review specified in Section 98.2, or other applicable section, deliver a certified copy of the finding of the violation to the registrar of the Contractors' State License Board. LC 200 Definitions As used in this article: (a) "Wages" includes all amounts for labor performed by employees of every description, whether the amount is fixed or ascertained by the standard of time, task, piece, commission basis, or other method of calculation. (b) "Labor" includes labor, work, or service whether rendered or performed under contract, subcontract, partnership, station plan, or other agreement if the labor to be paid for is performed personally by the person demanding payment. LC 201 Time for Payment on Discharge or Layoff; Seasonal Employment; Mail (a) If an employer discharges an employee, the wages earned and unpaid at the time of discharge are due and payable immediately. An employer who lays off a group of employees by reason of the termination of seasonal employment in the curing, canning, or drying of any variety of perishable fruit, fish or vegetables, shall be deemed to have made immediate payment when the wages of said employees are paid within a reasonable time as necessary for computation and payment thereof; provided, however, that the reasonable time shall not exceed 72 hours, and further provided that payment shall be made by mail to any 173

174 employee who so requests and designates a mailing address therefore. (b) Notwithstanding any other provision of law, the state employer shall be deemed to have made an immediate payment of wages under this section for any unused or accumulated vacation, annual leave, holiday leave, or time off to which the employee is entitled by reason of previous overtime work where compensating time off was given by the appointing power, provided, at least five workdays prior to his or her final day of employment, the employee submits a written election to his or her appointing power authorizing the state employer to tender payment for any or all leave to be contributed on a pretax basis to the employee's account in a state-sponsored supplemental retirement plan as described under Sections 401(k), 403 (b), or 457 of the Internal Revenue Code provided the plan allows those contributions. The contribution shall be tendered for payment to the employee's 401(k), 403(b), or 457 plan account no later than 45 days after the employee's discharge from employment. Nothing in this section is intended to authorize contributions in excess of the annual deferral limits imposed under federal and state law or the provisions of the supplemental retirement plan itself. (c) Notwithstanding any other provision of law, when the state employer discharges an employee, the employee may, at least five workdays prior to his or her final day of employment, submit a written election to his or her appointing power authorizing the state employer to defer into the next calendar year payment of any or all of the employee's unused or accumulated vacation, annual leave, holiday leave, or time off to which the employee is entitled by reason of previous overtime work where compensating time off was given by the appointing power. To qualify for the deferral of payment under this section, only that portion of leave that extends past the November pay period for state employees shall be deferred into the next calendar year. An employee electing to defer payment into the next calendar year under this section may do any of the following: (1) Contribute the entire payment to his or her 401(k), 403(b), or 457 plan account. (2) Contribute any portion of the deferred payment to his or her 401(k), 403(b), or 457 plan account and receive cash payment for the remaining non-contributed unused leave. (3) Receive a lump-sum payment for all of the deferred unused leave as described above. Payments shall be tendered under this section no later than February 1 in the year following the employee's last day of employment. Nothing in this section is intended to authorize contributions in excess of the annual deferral limits imposed under federal and state law or the provisions of the supplemental retirement plan itself. 174

175 LC Motion Picture Industry; Discharge or Layoff; Payment Within Reasonable Time (a) For purposes of this section, the following definitions apply: (1) "An employee engaged in the production or broadcasting of motion pictures" means an employee to whom both of the following apply: (i) The employee's job duties relate to or support the production or broadcasting of motion pictures or the facilities or equipment used in the production or broadcasting of motion pictures. (ii) The employee is hired for a period of limited duration to render services relating to or supporting a particular motion picture production or broadcasting project, or is hired on the basis of one or more daily or weekly calls. (2) "Daily or weekly call" means an employment that, by its terms, will expire at the conclusion of one day or one week, unless renewed. (3) "Next regular payday" means the day designated by the employer, pursuant to Section 204, for payment of wages earned during the payroll period in which the termination occurs. (4) "Production or broadcasting of motion pictures" means the development, creation, presentation, or broadcasting of theatrical or televised motion pictures, television programs, commercial advertisements, music videos, or any other moving images, including, but not limited to, productions made for entertainment, commercial, religious, or educational purposes, whether these productions are presented by means of film, tape, live broadcast, cable, satellite transmission, Web cast, or any other technology that is now in use or may be adopted in the future. (b) An employee engaged in the production or broadcasting of motion pictures whose employment terminates is entitled to receive payment of the wages earned and unpaid at the time of the termination by the next regular payday. (c) The payment of wages to employees covered by this section may be mailed to the employee or made available to the employee at a location specified by the employer in the county where the employee was hired or performed labor. The payment shall be deemed to have been made on the date that the employee's wages are mailed to the employee or made available to the employee at the location specified by the employer, whichever is earlier. (d) For purposes of this section, an employment terminates when the employment relationship ends, whether by discharge, lay off, resignation, completion of employment for a specified term, or otherwise. 175

176 (e) Nothing in this section prohibits the parties to a valid collective bargaining agreement from establishing alternative provisions for final payment of wages to employees covered by this section if those provisions do not exceed the time limitation established in Section 204. LC 202 Time for Payment on Resignation; Payment by Mail (a) If an employee not having a written contract for a definite period quits his or her employment, his or her wages shall become due and payable not later than 72 hours thereafter, unless the employee has given 72 hours previous notice of his or her intention to quit, in which case the employee is entitled to his or her wages at the time of quitting. Notwithstanding any other provision of law, an employee who quits without providing a 72-hour notice shall be entitled to receive payment by mail if he or she so requests and designates a mailing address. The date of the mailing shall constitute the date of payment for purposes of the requirement to provide payment within 72 hours of the notice of quitting. (b) Notwithstanding any other provision of law, the state employer shall be deemed to have made an immediate payment of wages under this section for any unused or accumulated vacation, annual leave, holiday leave, sick leave to which the employee is otherwise entitled due to a disability retirement, or time off to which the employee is entitled by reason of previous overtime work where compensating time off was given by the appointing power, provided at least five workdays prior to his or her final day of employment, the employee submits a written election to his or her appointing power authorizing the state employer to tender payment for any or all leave to be contributed on a pretax basis to the employee's account in a state-sponsored supplemental retirement plan as described under Sections 401(k), 403(b), or 457 of the Internal Revenue Code provided the plan allows those contributions. The contribution shall be tendered for payment to the employee's 401(k), 403(b), or 457 plan account no later than 45 days after the employee's last day of employment. Nothing in this section is intended to authorize contributions in excess of the annual deferral limits imposed under federal and state law or the provisions of the supplemental retirement plan itself. (c) Notwithstanding any other provision of law, when a state employee quits, retires, or disability retires from his or her employment with the state, the employee may, at least five workdays prior to his or her final day of employment, submit a written election to his or her appointing power authorizing the state employer to defer into the next calendar year payment of any or all of the employee's unused or accumulated vacation, annual leave, holiday leave, sick leave to which the employee is otherwise entitled due to a disability, retirement, or time off to which the employee is entitled by reason of previous overtime work where compensating time off was given by the appointing power. To qualify for the deferral of payment under this section, only that portion of leave that extends past the November pay period for state employees shall be deferred into the next calendar year under this section may do any of the following: 176

177 (1) Contribute the entire payment to his or her 401(k), 403(b), or 457 plan account. (2) Contribute any portion of the deferred payment to his or her 401(k), 403(b), or 457 plan account and receive cash payment for the remaining non-contributed unused leave. (3) Receive a lump-sum payment for all of the deferred unused leave as described above. Payments shall be tendered under this section no later than February 1 in the year following the employee's last day of employment. Nothing in this section is intended to authorize contributions in excess of the annual deferral limits imposed under federal and state law or the provisions of the supplemental retirement plan itself. LC 203 Failure to Make Payment Within Required Time; Penalty; Employee Avoiding Payment; Limitation of Actions (a) If an employer willfully fails to pay, without abatement or reduction, in accordance with Sections 201, 201.3, 201.5, 202, and 205.5, any wages of an employee who is discharged or who quits, the wages of the employee shall continue as a penalty from the due date thereof at the same rate until paid or until an action therefore is commenced; but the wages shall not continue for more than 30 days. An employee who secretes or absents himself or herself to avoid payment to him or her, or who refuses to receive the payment when fully tendered to him or her, including any penalty then accrued under this section, is not entitled to any benefit under this section for the time during which he or she so avoids payment. (b) Suit may be filed for these penalties at any time before the expiration of the statute of limitations on an action for the wages from which the penalties arise. LC Payment of Wages or Fringe Benefits with Bad Checks; Penalty If an employer pays an employee in the regular course of employment or in accordance with Section 201, 201.5, 201.7, or 202 any wages or fringe benefits, or both, by check, draft or voucher, which check, draft or voucher is subsequently refused payment because the employer or maker has no account with the bank, institution, or person on which the instrument is drawn, or has insufficient funds in the account upon which the instrument is drawn at the time of its presentation, so long as the same is presented within 30 days of receipt by the employee of the check, draft or voucher, those wages or fringe benefits, or both, shall continue as a penalty from the due date thereof at the same rate until paid or until an action therefore is commenced. However, those wages and fringe benefits shall not continue for more than 30 days and this penalty shall not apply if the employer can establish to the satisfaction of the Labor Commissioner or an 177

178 appropriate court of law that the violation of this section was unintentional. This penalty also shall not apply in any case in which an employee recovers the service charge authorized by Section 1719 of the Civil Code in an action brought by the employee there under. LC 204 Semimonthly Payments; Exceptions (a) All wages, other than those mentioned in Section 201, 201.3, 202, 204.1, or 204.2, earned by any person in any employment are due and payable twice during each calendar month, on days designated in advance by the employer as the regular paydays. Labor performed between the 1st and 15th days, inclusive, of any calendar month shall be paid for between the 16th and the 26th day of the month during which the labor was performed, and labor performed between the 16th and the last day, inclusive, of any calendar month, shall be paid for between the 1st and 10th day of the following month. However, salaries of executive, administrative, and professional employees of employers covered by the Fair Labor Standards Act, as set forth pursuant to Section 13(a)(1) of the Fair Labor Standards Act, as amended through March 1, 1969, in Part 541 of Title 29 of the Code of Federal Regulations, as that part now reads or may be amended to read at any time hereafter, may be paid once a month on or before the 26th day of the month during which the labor was performed if the entire month's salaries, including the unearned portion between the date of payment and the last day of the month, are paid at that time. (b) (1) Notwithstanding any other provision of this section, all wages earned for labor in excess of the normal work period shall be paid no later than the payday for the next regular payroll period. (2) An employer is in compliance with the requirements of subdivision (a) of Section 226 relating to total hours worked by the employee, if hours worked in excess of the normal work period during the current pay period are itemized as corrections on the paystub for the next regular pay period. Any corrections set out in a subsequently issued paystub shall state the inclusive dates of the pay period for which the employer is correcting its initial report of hours worked. (c) However, when employees are covered by a collective bargaining agreement that provides different pay arrangements, those arrangements shall apply to the covered employees. (d) The requirements of this section shall be deemed satisfied by the payment of wages for weekly, biweekly, or semimonthly payroll if the wages are paid not more than seven calendar days following the close of the payroll period. 178

179 LC 204a Employees of Several Employers; Plan for Central Places of Payment; Notice to Labor Commissioner When workers are engaged in an employment that normally involves working for several employers in the same industry interchangeably, and the several employers, or some of them, cooperate to establish a plan for the payment of wages at a central place or places and in accordance with a unified schedule of pay days, all the provisions of this chapter except 201, 202, and 208 shall apply. All such workers, including those who have been discharged and those who quit, shall receive their wages at such central place or places. This section shall not apply to any such plan until 10 days after notice of their intention to set up such a plan shall have been given to the Labor Commissioner by the employers who cooperate to establish the plan. Having once been established, no such plan can be abandoned except after notice of their intention to abandon such plan has been given to the Labor Commissioner by the employers intending to abandon the plan. LC 204b Weekly Payments Section 204 shall be inapplicable to employees paid on a weekly basis on a regular day designated by the employer in advance of the rendition of services as the regular payday. Labor performed by a weekly-paid employee during any calendar week and prior to or on the regular payday shall be paid for not later than the regular payday of the employer for such weekly-paid employee falling during the following calendar week. Labor performed by a weekly-paid employee during any calendar week and subsequent to the regular payday shall be paid for not later than seven days after the regular payday of the employer for such weekly-paid employee falling during the following calendar week. LC 204c Semimonthly Payments; Exception of Certain Executives, Administrative, or Professional Employees Section 204 shall be inapplicable to executive, administrative or professional employees who are not covered by any collective bargaining agreement, who are not subject to the Fair Labor Standards Act, whose monthly remuneration does not include overtime pay, and who are paid within seven days of the close of their monthly payroll period. LC 205 Agricultural and Domestic Employment; Payment Periods In agricultural, viticultural, and horticultural pursuits, in stock or poultry raising, and in household domestic service, when the employees in such employments are boarded 179

180 and lodged by the employer, the wages due any employee remaining in such employment shall become due and payable once in each calendar month on a day designated in advance by the employer as the regular payday. No two successive paydays shall be more than 31 days apart, and the payment shall include all wages up to the regular payday. Notwithstanding the provisions of this section, wages of workers employed by a farm labor contractor shall be paid on payroll periods at least once every week on a business day designated in advance by the farm labor contractor. Payment on such payday shall include all wages earned up to and including the fourth day before such payday. LC Agricultural Employees; Payment Period and Dates All wages, other than those mentioned in Sections 201 and 202, earned by any agricultural employee, as defined in Section , are due and payable twice during each calendar month, on days designated in advance by the agricultural employer as the regular paydays. Labor performed between the 1st and the 15th days, inclusive, of any calendar month shall be paid between the 16th and the 22nd day of the month during which the labor was performed. Labor performed between the 16th and the last day, inclusive, of any calendar month shall be paid between the first and the seventh day of the following month. Agricultural employees, as used in this section, shall not include those employees who are covered by Section 205. LC 206 Payment of Undisputed Amount; Failure to Pay Determined Amount; Treble Damages (a) In case of a dispute over wages, the employer shall pay, without condition and within the time set by this article, all wages, or parts thereof, conceded by him to be due, leaving to the employee all remedies he might otherwise be entitled to as to any balance claimed. (b) If, after an investigation and hearing, the Labor Commissioner has determined the validity of any employee's claim for wages, the claim is due and payable within 10 days after receipt of notice by the employer that such wages are due. Any employer having the ability to pay who willfully fails to pay such wages within 10 days shall, in addition to any other applicable penalty, pay treble the amount of any damages accruing to the employee as a direct and foreseeable consequence of such failure to pay. LC Execution of Release of Claim or Right on Account of Wages Due (a) An employer shall not require the execution of a release of a claim or right on account of wages due, or to become due, or made as an advance on wages to be earned, unless payment of those wages has been made. A release required or executed in violation of the provisions of this section shall be null and void as between the employer and the employee. Violation of this section by the employer is a misdemeanor. 180

181 (b) For purposes of this section, "execution of a release" includes requiring an employee, as a condition of being paid, to execute a statement of the hours he or she worked during a pay period which the employer knows to be false. LC 207 Posting of Notice of Regular Pay Days Every employer shall keep posted conspicuously at the place of work, if practicable, or otherwise where it can be seen as employees come or go to their places of work, or at the office or nearest agency for payment kept by the employer, a notice specifying the regular pay days and the time and place of payment, in accordance with this article. LC 208 Place of Payment Every employee who is discharged shall be paid at the place of discharge, and every employee who quits shall be paid at the office or agency of the employer in the county where the employee has been performing labor. All payments shall be made in the manner provided by law. LC 209 Payment in Event of Strike In the event of any strike, the unpaid wages earned by striking employees shall become due and payable on the next regular pay day, and the payment or settlement thereof shall include all amounts due the striking employees without abatement or reduction. The employer shall return to each striking employee any deposit, money, or other guaranty required by him from the employee for the faithful performance of the duties of the employment. LC 210 Civil Penalty for Failure to Make Payments; Action for Recovery; Disposition of Money Recovered (a) In addition to, and entirely independent and apart from, any other penalty provided in this article, every person who fails to pay the wages of each employee as provided in Sections 204, 204b, 204.1, 204.2, 205, 205.5, and , shall be subject to a civil penalty as follows: (1) For any initial violation, one hundred dollars ($100) for each failure to pay each employee. (2) For each subsequent violation, or any willful or intentional violation, two hundred dollars ($200) for each failure to pay each employee, plus 25 percent of the amount unlawfully withheld. (b) The penalty shall be recovered by the Labor Commissioner as part of a hearing held to recover unpaid wages and penalties pursuant to this chapter or in an 181

182 independent civil action. The action shall be brought in the name of the people of the State of California and the Labor Commissioner and the attorneys thereof may proceed and act for and on behalf of the people in bringing these actions. Twelve and one-half percent of the penalty recovered shall be paid into a fund within the Labor and Workforce Development Agency dedicated to educating employers about state labor laws, and the remainder shall be paid into the State Treasury to the credit of the General Fund. LC 211 Actions to Recover Civil Penalties; Fees for Service of Summons; Joiner of Causes of Action; Demand for Payment When action to recover such penalties is brought, no court costs shall be payable by the state or the division. Any sheriff or marshal who serves the summons in the action upon any defendant within his or her jurisdiction shall do so without cost to the division. The sheriff or marshal shall specify in the return what costs he or she would ordinarily have been entitled to for such service, and those costs and the other regular court costs that would have accrued were the action not on behalf of the state shall be made a part of any judgment recovered by the plaintiff and shall be paid out of the first money recovered on the judgment. Several causes of action for the penalties may be united in the same action without being separately stated. A demand is a prerequisite to the bringing of any action under this section or Section 210. The division on behalf of the state may accept and receipt for any penalties so paid, with or without suit. LC 212 Prohibited Forms of Payment; Instruments Protested or Dishonored; Effect of Notice (a) No person, or agent or officer thereof, shall issue in payment of wages due, or to become due, or as an advance on wages to be earned: (1) Any order, check, draft, note, memorandum, or other acknowledgment of indebtedness, unless it is negotiable and payable in cash, on demand, without discount, at some established place of business in the state, the name and address of which must appear on the instrument, and at the time of its issuance and for a reasonable time thereafter, which must be at least 30 days, the maker or drawer has sufficient funds in, or credit, arrangement, or understanding with the drawee for its payment. (2) Any scrip, coupon, cards, or other thing redeemable, in merchandise or purporting to be payable or redeemable otherwise than in money. (b) Where an instrument mentioned in subdivision (a) is protested or dishonored, the notice or memorandum of protest or dishonor is admissible as proof of presentation, nonpayment and protest and is presumptive evidence of knowledge of insufficiency of funds or credit with the drawee. (c) Notwithstanding paragraph (1) of subdivision (a), if the drawee is a bank, the bank's address need not appear on the instrument and, in that case, the 182

183 instrument shall be negotiable and payable in cash, on demand, without discount, at any place of business of the drawee chosen by the person entitled to enforce the instrument. LC 213 Exceptions Nothing contained in Section 212 shall: (a) Prohibit an employer from guaranteeing the payment of bills incurred by an employee for the necessaries of life or for the tools and implements used by the employee in the performance of his duties. (b) Apply to counties, municipal corporations, quasi municipal corporations or school districts. (c) Apply to students of nonprofit schools, colleges, universities, and other nonprofit educational institutions. (d) Prohibit an employer from depositing wages due or to become due or an advance on wages to be earned in an account in any bank, savings and loan association or credit union of the employee's choice in this state, provided the employee has voluntarily authorized such deposit. If an employer discharges an employee or the employee quits such voluntary authorization for deposit shall be deemed terminated and the provisions of this article relating to payment of wages upon termination of employment shall apply. LC 214 Place of Prosecution for Illegal Form of Payment Prosecution under section 212 may be brought either at the place where the alleged illegal order, check, draft, note, memorandum or other acknowledgment of wage indebtedness is issued or at the place where it is made payable. LC 215 Violations; Misdemeanor Any person, or the agent, manager, superintendent or officer thereof, who violates any provision of Sections 204, 204b, 205, 207, 208, 209, or 212 is guilty of a misdemeanor. Any failure to keep posted any notice required by Section 207 is prima facie evidence of a violation of such sections. LC 216 Refusal to Make Payment; False Denial of Amount or Validity of Wages; Misdemeanor In addition to any other penalty imposed by this article, any person, or an agent, manager, superintendent, or officer thereof is guilty of a misdemeanor, who: 183

184 (a) Having the ability to pay, willfully refuses to pay wages due and payable after demand has been made. (b) Falsely denies the amount or validity thereof, or that the same is due, with intent to secure for himself, his employer or other person, any discount upon such indebtedness, or with intent to annoy, harass, oppress, hinder, delay, or defraud, the person to whom such indebtedness is due. LC 217 Enforcement The Division of Labor Law Enforcement shall inquire diligently for any violations of this article, and, in cases which it deems proper, shall institute the actions for the penalties provided for in this article and shall enforce this article. LC 218 Authority of District Attorney and Wage Claimant Nothing in this article shall limit the authority of the district attorney of any county or prosecuting attorney of any city to prosecute actions, either civil or criminal, for violations of this article or to enforce the provisions thereof independently and without specific direction of the division. Nothing in this article shall limit the right of any wage claimant to sue directly or through an assignee for any wages or penalty due him under this article. LC Actions for Nonpayment of Wages, Fringe Benefits, or Health and Welfare or Pension Fund Contributions; Award of Attorney s Fees to Prevailing Party; Application of Section In any action brought for the nonpayment of wages, fringe benefits, or health and welfare or pension fund contributions, the court shall award reasonable attorney's fees and costs to the prevailing party if any party to the action requests attorney's fees and costs upon the initiation of the action. This section shall not apply to an action brought by the Labor Commissioner. This section shall not apply to a surety issuing a bond pursuant to Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code or to an action to enforce a mechanics lien brought under Chapter 2 (commencing with Section 3109) of Title 15 of Part 4 of Division 3 of the Civil Code. This section does not apply to any action for which attorney's fees are recoverable under Section LC Actions for Nonpayment of Wages; Award of Interest In any action brought for the nonpayment of wages, the court shall award interest on all due and unpaid wages at the rate of interest specified in subdivision (b) of Section 3289 of the Civil Code, which shall accrue from the date that the wages were due and payable as provided in Part 1 (commencing with Section 200) of Division

185 LC 219 More Frequent and Larger Payments; Private Agreements in Violation of Provisions (a) Nothing in this article shall in any way limit or prohibit the payment of wages at more frequent intervals, or in greater amounts, or in full when or before due, but no provision of this article can in any way be contravened or set aside by a private agreement, whether written, oral, or implied. (b) The state employer does not violate this section by authorizing employees who quit, or are discharged from, their employment with the state to take payment for any unused or accumulated vacation, annual leave, holiday leave, sick leave to which the employee is otherwise entitled due to a disability retirement, or time off to which the employee is entitled by reason of previous overtime work where compensating time off was given by the appointing power, as provided in Section 201 or 202. LC 220 Public Employees (a) Sections 201.5, 201.7, 203.1, 203.5, 204, 204a, 204b, 204c, 204.1, 205, and do not apply to the payment of wages of employees directly employed by the State of California. Except as provided in subdivision (b), all other employment is subject to these provisions. (b) Sections 200 to 211, inclusive, and Sections 215 to 219, inclusive, do not apply to the payment of wages of employees directly employed by any county, incorporated city, or town or other municipal corporation. All other employments are subject to these provisions. LC 221 Repayment of Wages to Employer It shall be unlawful for any employer to collect or receive from an employee any part of wages theretofore paid by said employer to said employee. LC 222 Withholding of Part of Wage It shall be unlawful, in case of any wage agreement arrived at through collective bargaining, either willfully or unlawfully or with intent to defraud an employee, a competitor, or any other person, to withhold from said employee any part of the wage agreed upon. 185

186 LC Cost of Pre-Employment Physical Examination or Physical Examination Required by Law No person shall withhold or deduct from the compensation of any employee, or require any prospective employee or applicant for employment to pay, any fee for, or cost of, any pre-employment medical or physical examination taken as a condition of employment, nor shall any person withhold or deduct from the compensation of any employee, or require any employee to pay any fee for, or costs of, medical or physical examinations required by any law or regulation of federal, state or local governments or agencies thereof. LC 223 Payment of Less than Statutory or Contractual Wage Scale Where any statute or contract requires an employer to maintain the designated wage scale, it shall be unlawful to secretly pay a lower wage while purporting to pay the wage designated by statute or by contract. LC 224 Authorized Deductions The provisions of Sections 221, 222 and 223 shall in no way make it unlawful for an employer to withhold or divert any portion of an employee's wages when the employer is required or empowered so to do by state or federal law or when a deduction is expressly authorized in writing by the employee to cover insurance premiums, hospital or medical dues, or other deductions not amounting to a rebate or deduction from the standard wage arrived at by collective bargaining or pursuant to wage agreement or statute, or when a deduction to cover health and welfare or pension plan contributions is expressly authorized by a collective bargaining or wage agreement. Nothing in this section or any other provision of law shall be construed as authorizing an employer to withhold or divert any portion of an employee's wages to pay any tax, fee or charge prohibited by Section of the Government Code, whether or not the employee authorizes such withholding or diversion. LC 225 Violations; Misdemeanors The violation of any provision of Sections 221, 222, 222.5, or 223 is a misdemeanor. 186

187 LC Unlawful Withholding of Wages; Civil Penalty; Action for Recovery; Disposition of Money Recovered In addition to, and entirely independent and apart from, any other penalty provided in this article, every person who unlawfully withholds wages due any employee in violation of Section 212, 216, 221, 222, or 223 shall be subject to a civil penalty as follows: (a) For any initial violation, one hundred dollars ($100) for each failure to pay each employee (b) For each subsequent violation, or any willful or intentional violation, two hundred dollars ($200) for each failure to pay each employee, plus 25 percent of the amount unlawfully withheld. The penalty shall be recovered by the Labor Commissioner as part of a hearing held to recover unpaid wages and penalties or in an independent civil action. The action shall be brought in the name of the people of the State of California and the Labor Commissioner and attorneys thereof may proceed and act for and on behalf of the people in bringing the action. Twelve and one-half percent of the penalty recovered shall be paid into a fund within the Labor and Workforce Development Agency dedicated to educating employers about state labor laws, and the remainder shall be paid into the State Treasury to the credit of the General Fund. LC 226 Itemized Statements; Contents; Records; Inspection of Records; Damages; Limitation of Application (a) Every employer shall, semimonthly or at the time of each payment of wages, furnish each of his or her employees, either as a detachable part of the check, draft, or voucher paying the employee's wages, or separately when wages are paid by personal check or cash, an itemized statement in writing showing: (1) Gross wages earned (2) Total hours worked by the employee, except for any employee whose compensation is solely based on a salary and who is exempt from payment of overtime under subdivision (a) of Section 515 or any applicable order of the Industrial Welfare Commission (3) The number of piece-rate units earned and any applicable piece rate if the employee is paid on a piece-rate basis (4) All deductions, provided, that all deductions made on written orders of the employee may be aggregated and shown as one item (5) Net wages earned (6) The inclusive dates of the period for which the employee is paid 187

188 (7) The name of the employee and his or her social security number (8) The name and address of the legal entity that is the employer (9) All applicable hourly rates in effect during the pay period and the corresponding number of hours worked at each hourly rate by the employee. The deductions made from payments of wages shall be recorded in ink or other indelible form, properly dated, showing the month, day, and year, and a copy of the statement or a record of the deductions shall be kept on file by the employer for at least three years at the place of employment or at a central location within the State of California. (b) An employer that is required by this code or any regulation adopted pursuant to this code to keep the information required by this section shall afford current and former employees the right to inspect or copy the records pertaining to that current or former employee, upon reasonable request to the employer. The employer may take reasonable steps to assure the identity of a current or former employee. If the employer provides copies of the records, the actual cost of reproduction may be charged to the current or former employee. (c) An employer who receives a written or oral request to inspect or copy records pursuant to subdivision (b) pertaining to a current or former employee shall comply with the request as soon as practicable, but no later than 21 calendar days from the date of the request. A violation of this subdivision is an infraction. Impossibility of performance, not caused by or a result of a violation of law, shall be an affirmative defense for an employer in any action alleging a violation of this subdivision. An employer may designate the person to whom a request under this subdivision will be made. (d) This section does not apply to any employer of any person employed by the owner or occupant of a residential dwelling whose duties are incidental to the ownership, maintenance, or use of the dwelling, including the care and supervision of children, or whose duties are personal and not in the course of the trade, business, profession, or occupation of the owner or occupant. (e) An employee suffering injury as a result of a knowing and intentional failure by an employer to comply with subdivision (a) is entitled to recover the greater of all actual damages or fifty dollars ($50) for the initial pay period in which a violation occurs and one hundred dollars ($100) per employee for each violation in a subsequent pay period, not exceeding an aggregate penalty of four thousand dollars ($4,000), and is entitled to an award of costs and reasonable attorney's fees. (f) A failure by an employer to permit a current or former employee to inspect or copy records within the time set forth in subdivision (c) entitles the current or former employee or the Labor Commissioner to recover a seven-hundred-fiftydollar ($750) penalty from the employer. 188

189 (g) An employee may also bring an action for injunctive relief to ensure compliance with this section, and is entitled to an award of costs and reasonable attorney's fees. (h) This section does not apply to the state, to any city, county, city and county, district, or to any other governmental entity, except that if the state or a city, county, city and county, district, or other governmental entity furnishes its employees with a check, draft, or voucher paying the employee's wages, the state or a city, county, city and county, district, or other governmental entity shall, by January 1, 2008, use no more than the last four digits of the employee's social security number or shall use an employee identification number other than the social security number on the itemized statement provided with the check, draft, or voucher. LC Civil Penalties; Itemized Statements by Employers; Inadvertent Mistakes Any employer who violates subdivision (a) of Section 226 shall be subject to a civil penalty in the amount of two hundred fifty dollars ($250) per employee per violation in an initial citation and one thousand dollars ($1,000) per employee for each violation in a subsequent citation, for which the employer fails to provide the employee a wage deduction statement or fails to keep the records required in subdivision (a) of Section 226. The civil penalties provided for in this section are in addition to any other penalty provided by law. In enforcing this section, the Labor Commissioner shall take into consideration whether the violation was inadvertent, and in his or her discretion, may decide not to penalize an employer for a first violation when that violation was due to a clerical error or inadvertent mistake. LC Citation; Issuance; Service; Contents; Itemized Statement If, upon inspection or investigation, the Labor Commissioner determines that an employer is in violation of subdivision (a) of Section 226, the Labor Commissioner may issue a citation to the person in violation. The citation may be served personally or by registered mail in accordance with subdivision (c) of Section of the Government Code. Each citation shall be in writing and shall describe the nature of the violation, including reference to the statutory provision alleged to have been violated. LC Violation of 226 or 226.2; Persons Having Control or Disposition of Wages; Penalty Any employer who knowingly and intentionally violates the provisions of Section 226 or 226.2, or any officer, agent, employee, fiduciary, or other person who has the control, receipt, custody, or disposal of, or pays, the wages due any employee, and who knowingly and intentionally participates or aids in the violation of any provision of Section 226 or is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one thousand dollars ($1,000) or be imprisoned not to exceed one 189

190 year, or both, at the discretion of the court. That fine or imprisonment, or both, shall be in addition to any other penalty provided by law. LC Mandated Meal or Rest Period; Requirement to Work Prohibited (a) No employer shall require any employee to work during any meal or rest period mandated by an applicable order of the Industrial Welfare Commission. (b) If an employer fails to provide an employee a meal period or rest period in accordance with an applicable order of the Industrial Welfare Commission, the employer shall pay the employee one additional hour of pay at the employee's regular rate of compensation for each work day that the meal or rest period is not provided. LC 230 Jury Duty; Witness; Legal Actions by Domestic Violence Victims; Right to Time Off; Reinstatement and Reimbursement; Misdemeanor; Right to File Complaint with Division of Labor Standards Enforcement (a) No employer shall discharge or in any manner discriminate against an employee for taking time off to serve as required by law on an inquest jury or trial jury, if the employee, prior to taking the time off, gives reasonable notice to the employer that he or she is required to serve. (b) No employer shall discharge or in any manner discriminate or retaliate against an employee, including, but not limited to, an employee who is a victim of a crime, for taking time off to appear in court to comply with a subpoena or other court order as a witness in any judicial proceeding. (c) No employer shall discharge or in any manner discriminate or retaliate against an employee who is a victim of domestic violence as defined in Section 6211 of the Family Code for taking time off from work to obtain or attempt to obtain any relief, including, but not limited to, a temporary restraining order, restraining order, or other injunctive relief, to help ensure the health, safety, or welfare of a domestic violence victim or his or her child. (d) (1) As a condition of taking time off for a purpose set forth in subdivision (c), the employee shall give the employer reasonable advance notice of the employee's intention to take time off, unless the advance notice is not feasible. (2) When an unscheduled absence occurs, the employer shall not take any action against the employee if the employee, within a reasonable time after the absence, provides a certification to the employer. Certification shall be sufficient in the form of any of the following: (i) A police report indicating that the employee was a victim of domestic violence. 190

191 (ii) A court order protecting or separating the employee from the perpetrator of an act of domestic violence, or other evidence from the court or prosecuting attorney that the employee has appeared in court. (iii) Documentation from a medical professional, domestic violence advocate, health care provider, or counselor that the employee was undergoing treatment for physical or mental injuries or abuse resulting in victimization from an act of domestic violence. (3) To the extent allowed by law, employers shall maintain the confidentiality of any employee requesting leave under subdivision (c). (e) Any employee who is discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated or retaliated against in the terms and conditions of employment by his or her employer because the employee has taken time off for a purpose set forth in subdivision (a), (b), or (c) shall be entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer. Any employer who willfully refuses to rehire, promote, or otherwise restore an employee or former employee who has been determined to be eligible for rehiring or promotion by a grievance procedure or hearing authorized by law is guilty of a misdemeanor. (f) (1) Any employee who is discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated or retaliated against in the terms and conditions of employment by his or her employer because the employee has exercised his or her rights as set forth in subdivision (a), (b), or (c) may file a complaint with the Division of Labor Standards Enforcement of the Department of Industrial Relations pursuant to Section (2) Notwithstanding any time limitation in Section 98.7, an employee filing a complaint with the division based upon a violation of subdivision (c) shall have one year from the date of occurrence of the violation to file his or her complaint. (g) An employee may use vacation, personal leave, or compensatory time off that is otherwise available to the employee under the applicable terms of employment, unless otherwise provided by a collective bargaining agreement, for time taken off for a purpose specified in subdivision (a), (b), or (c). The entitlement of any employee under this section shall not be diminished by any collective bargaining agreement term or condition. LC 231 Physical Examination for Driver s License Required in Employment; Payment of Costs Any employer who requires, as a condition of employment, that an employee have a 191

192 driver's license shall pay the cost of any physical examination of the employee which may be required for issuance of such license, except where the physical examination was taken prior to the time the employee applied for such employment with the employer. LC 232 Amount of Wages; Prohibition of Sanctions Against Employee Disclosure No employer shall do any of the following: (a) Require, as a condition of employment, that any employee refrain from disclosing the amount of his or her wages. (b) Require any employee to sign a waiver or other document which purports to deny the employee the right to disclose the amount of his or her wages. (c) Discharge, formally discipline, or otherwise discriminate against, for job advancement, an employee who discloses the amount of his or her wages. LC 350 Definitions As used in this article, unless the context indicates otherwise: (a) "Employer" means every person engaged in any business or enterprise in this state that has one or more persons in service under any appointment, contract of hire, or apprenticeship, express or implied, oral or written, irrespective of whether the person is the owner of the business or is operating on a concessionaire or other basis. (b) "Employee" means every person, including aliens and minors, rendering actual service in any business for an employer, whether gratuitously or for wages or pay, whether the wages or pay are measured by the standard of time, piece, task, commission, or other method of calculation, and whether the service is rendered on a commission, concessionaire, or other basis. (c) "Employing" includes hiring, or in any way contracting for, the services of an employee. (d) "Agent" means every person other than the employer having the authority to hire or discharge any employee or supervise, direct, or control the acts of employees. (e) "Gratuity" includes any tip, gratuity, money, or part thereof that has been paid or given to or left for an employee by a patron of a business over and above the actual amount due the business for services rendered or for goods, food, drink, or articles sold or served to the patron. Any amounts paid directly by a patron to a dancer employed by an employer subject to Industrial Welfare Commission Order No. 5 or 10 shall be deemed a gratuity. 192

193 (f) "Business" means any business establishment or enterprise, regardless of where conducted. LC 351 Gratuities; Disposition No employer or agent shall collect, take, or receive any gratuity or a part thereof that is paid, given to, or left for an employee by a patron, or deduct any amount from wages due an employee on account of a gratuity, or require an employee to credit the amount, or any part thereof, of a gratuity against and as a part of the wages due the employee from the employer. Every gratuity is hereby declared to be the sole property of the employee or employees to whom it was paid, given, or left for. An employer that permits patrons to pay gratuities by credit card shall pay the employees the full amount of the gratuity that the patron indicated on the credit card slip, without any deductions for any credit card payment processing fees or costs that may be charged to the employer by the credit card company. Payment of gratuities made by patrons using credit cards shall be made to the employees not later than the next regular payday following the date the patron authorized the credit card payment. LC 353 Records of Gratuities Received by Employer; Inspection Every employer shall keep accurate records of all gratuities received by him, whether received directly from the employee or indirectly by means of deductions from the wages of the employee or otherwise. Such records shall be open to inspection at all reasonable hours by the department. LC 354 Violation; Misdemeanor; Penalty Any employer who violates any provision of this article is guilty of a misdemeanor, punishable by a fine not exceeding one thousand dollars ($1,000) or by imprisonment for not exceeding 60 days, or both. LC 355 Enforcement Agency; Disposition of Fines The Department of Industrial Relations shall enforce the provisions of this article. All fines collected under this article shall be paid into the State treasury and credited to the general fund. LC 356 Legislative Declaration The Legislature expressly declares that the purpose of this article is to prevent fraud upon the public in connection with the practice of tipping and declares that this article is passed for a public reason and can not be contravened by a private agreement. As a part of the social public policy of this State, this article is binding upon all departments of the State. 193

194 LC 500 Definitions For purposes of this chapter, the following terms shall have the following meanings: (a) "Workday" and "day" mean any consecutive 24-hour period commencing at the same time each calendar day. (b) "Workweek" and "week" mean any seven consecutive days, starting with the same calendar day each week. "Workweek" is a fixed and regularly recurring period of 168 hours, seven consecutive 24-hour periods. (c) "Alternative workweek schedule" means any regularly scheduled workweek requiring an employee to work more than eight hours in a 24-hour period. LC 510 Day s Work; Overtime; Commuting Time (a) Eight hours of labor constitutes a day's work. Any work in excess of eight hours in one workday and any work in excess of 40 hours in any one workweek and the first eight hours worked on the seventh day of work in any one workweek shall be compensated at the rate of no less than one and one-half times the regular rate of pay for an employee. Any work in excess of 12 hours in one day shall be compensated at the rate of no less than twice the regular rate of pay for an employee. In addition, any work in excess of eight hours on any seventh day of a workweek shall be compensated at the rate of no less than twice the regular rate of pay of an employee. Nothing in this section requires an employer to combine more than one rate of overtime compensation in order to calculate the amount to be paid to an employee for any hour of overtime work. The requirements of this section do not apply to the payment of overtime compensation to an employee working pursuant to any of the following: (1) An alternative workweek schedule adopted pursuant to Section 511. (2) An alternative workweek schedule adopted pursuant to a collective bargaining agreement pursuant to Section 514. (3) An alternative workweek schedule to which this chapter is inapplicable pursuant to Section 554. (b) Time spent commuting to and from the first place at which an employee's presence is required by the employer shall not be considered to be a part of a day's work, when the employee commutes in a vehicle that is owned, leased, or subsidized by the employer and is used for the purpose of ridesharing, as defined in Section 522 of the Vehicle Code. (c) This section does not affect, change, or limit an employer's liability under the workers' compensation law. 194

195 LC 511 Alternative Workweek Schedules (a) Upon the proposal of an employer, the employees of an employer may adopt a regularly scheduled alternative workweek that authorizes work by the affected employees for no longer than 10 hours per day within a 40-hour workweek without the payment to the affected employees of an overtime rate of compensation pursuant to this section. A proposal to adopt an alternative workweek schedule shall be deemed adopted only if it receives approval in a secret ballot election by at least two-thirds of affected employees in a work unit. The regularly scheduled alternative workweek proposed by an employer for adoption by employees may be a single work that would become the standard schedule for workers in the work unit, or a menu of work schedule options, from which each employee in the unit would be entitled to choose. (b) An affected employee working longer than eight hours but not more than 12 hours in a day pursuant to an alternative workweek schedule adopted pursuant to this section shall be paid an overtime rate of compensation of no less than one and one-half times the regular rate of pay of the employee for any work in excess of the regularly scheduled hours established by the alternative workweek agreement and for any work in excess of 40 hours per week. An overtime rate of compensation of no less than double the regular rate of pay of the employee shall be paid for any work in excess of 12 hours per day and for any work in excess of eight hours on those days worked beyond the regularly scheduled workdays established by the alternative workweek agreement. Nothing in this section requires an employer to combine more than one rate of overtime compensation in order to calculate the amount to be paid to an employee for any hour of overtime work. (c) An employer shall not reduce an employee's regular rate of hourly pay as a result of the adoption, repeal or nullification of an alternative workweek schedule. (d) An employer shall make a reasonable effort to find a work schedule not to exceed eight hours in a workday, in order to accommodate any affected employee who was eligible to vote in an election authorized by this section and who is unable to work the alternative schedule hours established as the result of that election. An employer shall be permitted to provide a work schedule not to exceed eight hours in a workday to accommodate any employee who was hired after the date of the election and who is unable to work the alternative schedule established as the result of that election. An employer shall explore any available reasonable alternative means of accommodating the religious belief or observance of an affected employee that conflicts with an adopted alternative workweek schedule, in the manner provided by subdivision (j) of Section of the Government Code. (e) The results of any election conducted pursuant to this section shall be reported by an employer to the Division of Labor Statistics and Research within 30 days after the results are final. 195

196 (f) Any type of alternative workweek schedule that is authorized by this code and that was in effect on January 1, 2000, may be repealed by the affected employees pursuant to this section. Any alternative workweek schedule that was adopted pursuant to Wage Order Numbers 1, 4, 5, 7, or 9 of the Industrial Welfare Commission is null and void, except for an alternative workweek providing for a regular schedule of no more than 10 hours' work in a workday that was adopted by a two-thirds vote of affected employees in a secret ballot election pursuant to wage orders of the Industrial Welfare Commission in effect prior to This subdivision does not apply to exemptions authorized pursuant to Section 515. (g) Notwithstanding subdivision (f), an alternative workweek schedule in the health care industry adopted by a two-thirds vote of affected employees in a secret ballot election pursuant to Wage Orders 4 and 5 in effect prior to 1998 that provided for workdays exceeding 10 hours but not exceeding 12 hours in a day without the payment of overtime compensation shall be valid until July 1, An employer in the health care industry shall make a reasonable effort to accommodate any employee in the health care industry who is unable to work the alternative schedule established as the result of a valid election held in accordance with provisions of Wage Orders 4 or 5 that were in effect prior to (h) Notwithstanding subdivision (f), if an employee is voluntarily working an alternative workweek schedule providing for a regular work schedule of not more than 10 hours work in a workday as of July 1, 1999, an employee may continue to work that alternative workweek schedule without the entitlement of the payment of daily overtime compensation for the hours provided in that schedule if the employer approves a written request of the employee to work that schedule. (Added by Stats. 1999, c. 134.) LC 512 Meal Periods (a) An employer may not employ an employee for a work period of more than five hours per day without providing the employee with a meal period of not less than 30 minutes, except that if the total work period per day of the employee is no more than six hours, the meal period may be waived by mutual consent of both the employer and employee. An employer may not employ an employee for a work period of more than 10 hours per day without providing the employee with a second meal period of not less than 30 minutes, except that if the total hours worked is no more than 12 hours, the second meal period may be waived by mutual consent of the employer and the employee only if the first meal period was not waived. (b) Notwithstanding subdivision (a), the Industrial Welfare Commission may adopt a working condition order permitting a meal period to commence after six hours of work if the commission determines that the order is consistent with the health and welfare of the affected employees. 196

197 (c) Subdivision (a) does not apply to an employee in the wholesale baking industry who is subject to an Industrial Welfare Commission wage order and who is covered by a valid collective bargaining agreement that provides for a 35-hour workweek consisting of five seven-hour days, payment of 1 and 1/2 the regular rate of pay for time worked in excess of seven hours per day, and a rest period of not less than 10 minutes every two hours. (f) If an employee in the motion picture industry or the broadcasting industry, as those industries are defined in Industrial Welfare Commission Wage Orders 11 and 12, is covered by a valid collective bargaining agreement that provides for meal periods and includes a monetary remedy if the employee does not receive a meal period required by the agreement, then the terms, conditions, and remedies of the agreement pertaining to meal periods apply in lieu of the applicable provisions pertaining to meal periods of subdivision (a) of this section, Section 226.7, and Industrial Welfare Commission Wage Orders 11 and 12. LC 513 Makeup Work Time If an employer approves a written request of an employee to make up work time that is or would be lost as a result of a personal obligation of the employee, the hours of that makeup work time, if performed in the same workweek in which the work time was lost, may not be counted towards computing the total number of hours worked in a day for purposes of the overtime requirements specified in Section 510 or 511, except for hours in excess of 11 hours of work in one day or 40 hours in one workweek. An employee shall provide a signed written request for each occasion that the employee makes a request to make up work time pursuant to this section. An employer is prohibited from encouraging or otherwise soliciting an employee to request the employer's approval to take personal time off and make up the work hours within the same week pursuant to this section. LC 514 Employees Covered by Collective Bargaining Agreements; Application of Chapter This chapter does not apply to an employee covered by a valid collective bargaining agreement if the agreement expressly provides for the wages, hours of work, and working conditions of the employees, and if the agreement provides premium wage rates for all overtime hours worked and a regular hourly rate of pay for those employees of not less than 30 percent more than the state minimum wage. LC 515 Exemptions (a) The Industrial Welfare Commission may establish exemptions from the requirement that an overtime rate of compensation be paid pursuant to Sections 510 and 511 for executive, administrative, and professional employees, provided that the employee is primarily engaged in the duties that meet the test of the exemption and, customarily and regularly exercises discretion and independent 197

198 judgment in performing those duties, and earns a monthly salary equivalent to no less than two times the state minimum wage for full-time employment. The commission shall conduct a review of the duties that meet the test of the exemption. The commission may, based upon this review, convene a public hearing to adopt or modify regulations at that hearing pertaining to duties that meet the test of the exemption without convening wage boards. Any hearing conducted pursuant to this subdivision shall be concluded not later than July 1, (b) (1) The commission may establish additional exemptions to hours of work requirements under this division where it finds that hours or conditions of labor may be prejudicial to the health or welfare of employees in any occupation, trade, or industry. This paragraph shall become inoperative on January 1, (2) Except as otherwise provided in this section and in subdivision (g) of Section 511, nothing in this section requires the commission to alter any exemption from provisions regulating hours of work that was contained in any valid wage order in effect in Except as otherwise provided in this division, the commission may review, retain, or eliminate any exemption from provisions regulating hours of work that was contained in any valid wage order in effect in (c) For the purposes of this section "full-time employment" means employment in which an employee is employed for 40 hours per week. (d) For the purpose of computing the overtime rate of compensation required to be paid to a nonexempt full-time salaried employee, the employee's regular hourly rate shall be 1/40th of the employee's weekly salary. (e) For the purposes of this section, "primarily" means more than one-half of the employee's work time. (f) (1) In addition to the requirements of subdivision (a), registered nurses employed to engage in the practice of nursing shall not be exempted from coverage under any part of the orders of the Industrial Welfare Commission, unless they individually meet the criteria for exemptions established for executive or administrative employees. (2) This subdivision does not apply to any of the following: (i) A certified nurse midwife who is primarily engaged in performing duties for which certification is required pursuant to Article 2.5 (commencing with Section 2746) of Chapter 6 of Division 2 of the Business and Professions Code. (ii) A certified nurse anesthetist who is primarily engaged in performing duties for which certification is required pursuant to Article 7 (commencing with Section 2825) of Chapter 6 of Division 2 of the 198

199 Business and Professions Code. (iii) A certified nurse practitioner who is primarily engaged in performing duties for which certification is required pursuant to Article 8 (commencing with Section 2834) of Chapter 6 of Division 2 of the Business and Professions Code. (iv) Nothing in this paragraph shall exempt the occupations set forth in subparagraphs (a), (b), and (c) from meeting the requirements of subdivision (a). LC Computer Software Field Employees; Exemption; Requirements (a) Except as provided in subdivision (b), an employee in the computer software field shall be exempt from the requirement that an overtime rate of compensation be paid pursuant to Section 510 if all of the following apply: (1) The employee is primarily engaged in work that is intellectual or creative and that requires the exercise of discretion and independent judgment. (2) The employee is primarily engaged in duties that consist of one or more of the following: (i) The application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software, or system functional specifications. (ii) The design, development, documentation, analysis, creation, testing, or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications. (iii) The documentation, testing, creation, or modification of computer programs related to the design of software or hardware for computer operating systems. (3) The employee is highly skilled and is proficient in the theoretical and practical application of highly specialized information to computer systems analysis, programming, or software engineering. A job title shall not be determinative of the applicability of this exemption. (4) The employee's hourly rate of pay is not less than thirty-six dollars ($36.00) or, if the employee is paid on a salaried basis, the employee earns an annual salary of not less than seventy-five thousand dollars ($75,000) for full-time employment, which is paid at least once a month and in a monthly amount of not less than six thousand two hundred fifty dollars ($6,250). The Division of Labor Statistics and Research shall 199

200 adjust both the hourly pay rate and the salary level described in this paragraph on October 1 of each year to be effective on January 1 of the following year by an amount equal to the percentage increase in the California Consumer Price Index for Urban Wage Earners and Clerical Workers. (b) The exemption provided in subdivision (a) does not apply to an employee if any of the following apply: (1) The employee is a trainee or employee in an entry-level position who is learning to become proficient in the theoretical and practical application of highly specialized information to computer systems analysis, programming, and software engineering. (2) The employee is in a computer-related occupation but has not attained the level of skill and expertise necessary to work independently and without close supervision. (3) The employee is engaged in the operation of computers or in the manufacture, repair, or maintenance of computer hardware and related equipment. (4) The employee is an engineer, drafter, machinist, or other professional whose work is highly dependent upon or facilitated by the use of computers and computer software programs and who is skilled in computer-aided design software, including CAD/CAM, but who is not engaged in computer systems analysis, programming, or any other similarly skilled computer-related occupation. (5) The employee is a writer engaged in writing material, including box labels, product descriptions, documentation, promotional material, setup and installation instructions, and other similar written information, either for print or for onscreen media or who writes or provides content material intended to be read by customers, subscribers, or visitors to computerrelated media such as the World Wide Web or CD-ROMs. (6) The employee is engaged in any of the activities set forth in subdivision (a) for the purpose of creating imagery for effects used in the motion picture, television, or theatrical industry. LC 516 Adoption or Amendment of Working Condition Orders Except as provided in Section 512, the Industrial Welfare Commission may adopt or amend working condition orders with respect to break periods, meal periods, and days of rest for any workers in California consistent with the health and welfare of those workers. 200

201 LC 517 Industrial Welfare Commission; Adoption of Wage, Hour, and Working Conditions Orders; Review of Wages, Hours, and Working Conditions in Certain Industries; Publication of Wage Orders and Other Regulations (a) The Industrial Welfare Commission shall, at a public hearing to be concluded by July 1, 2000, adopt wage, hours, and working conditions orders consistent with this chapter without convening wage boards, which orders shall be final and conclusive for all purposes. These orders shall include regulations necessary to provide assurances of fairness regarding the conduct of employee workweek elections, procedures for employees to petition for and obtain elections to repeal alternative workweek schedules, procedures for implementation of those schedules, conditions under which an adopted alternative workweek schedule can be repealed by the employer, employee disclosures, designations of work, and processing of workweek election petitions pursuant to Parts 2 and 4 of this division and in any wage order of the commission and such other regulations as may be needed to fulfill the duties of the commission pursuant to this part. (b) Prior to July 1, 2000, the Industrial Welfare Commission shall conduct a review of wages, hours, and working conditions in the ski industry, commercial fishing industry, and health care industry, and for stable employees in the horseracing industry. Notwithstanding subdivision (a) and Sections 510 and 511, and consistent with its duty to protect the health, safety, and welfare of workers pursuant to Section 1173, the commission may, based upon this review, convene a public hearing to adopt or modify regulations at that hearing pertaining to the industries herein, without convening wage boards. Any hearing conducted pursuant to this subdivision shall be concluded not later than July 1, (c) Notwithstanding subdivision (a) of Section 515, prior to July 1, 2000, the commission shall conduct a review of wages, hours, and working conditions of licensed pharmacists. The commission may, based upon this review, convene a public hearing to adopt or modify regulations at that hearing pertaining to licensed pharmacists without convening wage boards. Any hearing conducted pursuant to this subdivision shall be concluded not later than July 1, (d) Notwithstanding sections 1171 and subdivision (a) of Section 515, the Industrial Welfare Commission shall conduct a review of wages, hours, and working conditions of outside salespersons. The commission may, based upon this review, convene a public hearing to adopt or modify regulations at that hearing pertaining to outside salespersons without convening wage boards. Any hearing conducted pursuant to this subdivision shall be concluded not later than July 1, (d) Nothing in this section is intended to restrict the Industrial Welfare Commission in its continuing duties pursuant to Section (e) No action taken by the Industrial Welfare Commission pursuant to this section is subject to the requirements of Article 5 (commencing with Section 11346) of 201

202 Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government Code. (f) All wage orders and other regulations issued or adopted pursuant to this section shall be published in accordance with Section LC 550 Day s Rest Defined As used in this chapter day s rest applies to all situations whether the employee is engaged by the day, week, month, or year, and whether the work performed is done in the day or night time. LC 551 One Day s Rest in Seven Every person employed in any occupation of labor is entitled to one day s rest there from in seven. LC 552 Maximum Consecutive Working Days No employer of labor shall cause his employees to work more than six days in seven. LC 553 Violation; Misdemeanor Any person who violates this chapter is guilty of a misdemeanor. LC 554 Exemptions from 551 and 552 (a) Sections 551 and 552 shall not apply to any cases of emergency nor to work performed in the protection of life or property from loss or destruction, nor to any common carrier engaged in or connected with the movement of trains. This chapter, with the exception of Section 558, shall not apply to any person employed in an agricultural occupation, as defined in Order No (operative January 1, 1998) of the Industrial Welfare Commission, nor shall the provisions of this chapter apply when the employer and a labor organization representing employees of the employer have entered into a valid collective bargaining agreement pursuant to Section 514. Nothing in this chapter shall be construed to prevent an accumulation of days of rest when the nature of the employment reasonably requires that the employee work seven or more consecutive days, providing that in each calendar month the employee receive days of rest equivalent to one day's rest in seven. The requirement respecting the equivalent of one day's rest in seven shall apply, notwithstanding the other provisions of this chapter relating to collective bargaining agreements, where the employer and a labor organization representing employees of the employer have entered into a valid collective bargaining agreement respecting the hours of work of the employees, unless the agreement expressly provides otherwise. 202

203 (b) In addition to the exceptions herein, the Chief of the Division of Labor Standards Enforcement may, when in his judgment hardship will result, exempt any employer or employees from the provisions of Sections 551 and 552. LC 555 Applicability to Cities and Counties Sections 550, 551, 552 and 554 of this chapter are applicable to cities which are cities and counties and to the officers and employees thereof. LC 556 Application of 551 and 552 Sections 551 and 552 shall not apply to any employer or employee when the total hours of employment do not exceed 30 hours in any week or six hours in any one day thereof. LC 558 Violations of Chapter; Civil Penalties (a)any employer or other person acting on behalf of an employer who violates, or causes to be violated, a section of this chapter or any provision regulating hours and days of work in any order of the Industrial Welfare Commission shall be subject to a civil penalty as follows: (1) For any initial violation, fifty dollars ($50) for each underpaid employee for each pay period for which the employee was underpaid in addition to an amount sufficient to recover underpaid wages. (2) For each subsequent violation, one hundred dollars ($100) for each underpaid employee for each pay period for which the employee was underpaid in addition to an amount sufficient to recover underpaid wages. (3) Wages recovered pursuant to this section shall be paid to the affected employee. (b) If upon inspection or investigation the Labor Commissioner determines that a person had paid or caused to be paid a wage for overtime work in violation of any provision of this chapter, or any provision regulating hours and days of work in any order of the Industrial Welfare Commission, the Labor Commissioner may issue a citation. The procedures for issuing, contesting, and enforcing judgments for citations or civil penalties issued by the Labor Commissioner for a violation of this chapter shall be the same as those set out in Section (c) The civil penalties provided for in this section are in addition to any other civil or criminal penalty provided by law. 203

204 LC 1171 Scope of Chapter The provisions of this chapter shall apply to and include men, women and minors employed in any occupation, trade, or industry, whether compensation is measured by time, piece, or otherwise, but shall not include any individual employed as an outside salesman or any individual participating in a national service program carried out using assistance provided under Section of Title 42 of the United States Code. Any individual participating in a national service program pursuant to Section of Title 42 of the United States Code shall be informed by the nonprofit, educational institution or other entity using his or her service, prior to the commencement of service of the requirement, if any, to work hours in excess of eight hours per day, or 40 hours per week, or both, and shall have the opportunity to opt out of that national service program at that time. Individuals participating in a national service program pursuant to Section of Title 42 of the United States Code shall not be discriminated against or be denied continued participation in the program for refusing to work overtime for a legitimate reason. LC 1173 Duties of Industrial Welfare Commission It is the continuing duty of the Industrial Welfare Commission, hereinafter referred to in this chapter as the commission, to ascertain the wages paid to all employees in this state, to ascertain the hours and conditions of labor and employment in the various occupations, trades, and industries in which employees are employed in this state, and to investigate the health, safety, and welfare of those employees. The commission shall conduct a full review of the adequacy of the minimum wage at least once every two years. The commission may, upon its own motion or upon petition, amend or rescind any order or portion of any order or adopt an order covering any occupation, trade, or industry not covered by an existing order pursuant to this chapter. Before adopting any new rules, regulations, or policies, the commission shall consult with the Occupational Safety and Health Standards Board to determine those areas and subject matters where the respective jurisdictions of the commission and the Occupational Safety and Health Standards Board overlap. This consultation need not take the form of a joint meeting. In the case of such overlapping jurisdiction, the Occupational Safety and Health Standards Board shall have exclusive jurisdiction, and rules, regulations, or policies of the commission on the same subject have no force or effect. 204

205 LC 1174 Duties of Employers Every person employing labor in this state shall: (a) Furnish to the commission, at its request, reports or information that the commission requires to carry out this chapter. The reports and information shall be verified if required by the commission or any member thereof. (b) Allow any member of the commission or the employees of the Division of Labor Standards Enforcement free access to the place of business or employment of the person to secure any information or make any investigation that they are authorized by this chapter to ascertain or make. The commission may inspect or make excerpts, relating to the employment of employees, from the books, reports, contracts, payrolls, documents, or papers of the person. (c) Keep a record showing the names and addresses of all employees employed and the ages of all minors. (d) Keep, at a central location in the state or at the plants or establishments at which employees are employed, payroll records showing the hours worked daily by and the wages paid to, and the number of piece-rate units earned by and any applicable piece rate paid to, employees employed at the respective plants or establishments. These records shall be kept in accordance with rules established for this purpose by the commission, but in any case shall be kept on file for not less than two years. LC Failure to Maintain Records; Penalties (a) Any person employing labor who willfully fails to maintain the records required by subdivision (c) of Section 1174 or accurate and complete records required by subdivision (d) of Section 1174, or to allow any member of the commission or employees of the division to inspect records pursuant to subdivision (b) of Section 1174, shall be subject to a civil penalty of five hundred dollars ($500). LC 1175 Violation of Employer s Duties; Misdemeanor Any person, or officer or agent thereof, is guilty of a misdemeanor who: (a) Neglects or refuses to furnish the information requested under the provisions of Section (b) Refuses access to his place of business or employment to any member of the commission or employee of the Division of Labor Standards Enforcement when administering or enforcing this chapter.

206 (c) Hinders such member, or employee in securing information authorized by Section (d) Fails to keep any of the records required by Section LC 1182 Amendment, Rescission or Promulgation of Orders; Order for Increased Minimum Wage (a) After receipt of the wage board report and the public hearings on the proposed regulations, the commission may, upon its own motion, amend or rescind an existing order or promulgate a new order. However, with respect to proposed regulations based on recommendations supported by at least two-thirds of the members of the wage board, the commission shall adopt such proposed regulations, unless it finds there is no substantial evidence to support such recommendations. (b) If at any time the federal minimum wage applicable to employees covered by the Fair Labor Standards Act of 1938, as amended, prior to February 1, 1967, is scheduled to exceed the minimum wage fixed by the commission, the provisions of Sections 1178 and pertaining to wage boards shall be waived and the commission shall, in a public meeting, adopt an order fixing a new minimum wage at the scheduled higher federal minimum wage. The effective date of such order shall be the same as the effective date of the federal minimum wage, and such order shall not become operative in the event the scheduled increase in the federal minimum wage does not become operative. LC Publication of Action Taken Pursuant to 517 and 1182 Any action taken by the commission pursuant to Sections 517 and 1182 shall be published in at least one newspaper in each of the Cities of Los Angeles, Sacramento, Oakland, San Jose, Fresno, San Diego, and San Francisco. A summary of the action taken and notice of where the complete text of the new or amended order may be obtained may be published in lieu of the complete text when the commission determines such summary and notice will adequately inform the public. The statement as to the basis of the order need not be published. LC Student Employee, Camp Counselor or Program Counselor or Organized Camp; Compensation; Value of Meals and Lodging (a) No student employee, camp counselor, or program counselor of an organized camp shall be subject to a minimum wage or maximum hour order of the commission if the student employee, camp counselor, or program counselor receives a weekly salary of at least 85 percent of the minimum wage for a 40- hour week, regardless of the number of hours per week the student employee, camp counselor, or program counselor might work at the organized camp. If the student employee, camp counselor, or program counselor works less than

207 hours per week, the student employee, camp counselor, or program counselor shall be paid at least 85 percent of the minimum hourly wage for each hour worked. (b) An organized camp may deduct the value of meals and lodging from the salary of a student employee, camp counselor, or program counselor pursuant to appropriate orders of the commission. (c) As used in this section, "organized camp" means an organized camp, as defined in Section of the Health and Safety Code, which meets the standards of the American Camping Association. LC 1183 Delivery of Copies of Orders to Employers; Posting Requirements (a) So far as practicable, the commission, by mail, shall send a copy of the order authorized by Section 1182 to each employer in the occupation or industry in question, and each employer shall post a copy of the order in the building in which employees affected by the order are employed. The commission shall also send a copy of the order to each employer registering his or her name with the commission for that purpose, but failure to mail the order or notice of the order to any employer affected by the order shall not relieve the employer from the duty of complying with the order. (b) The commission shall prepare a summary of the regulations contained in its orders. The summary shall be printed on the first page of the document containing the full text of the order. The summary shall include a brief description of the following subjects of the orders: minimum wage, hours and days of work, reporting time, pay records, cash shortages and breakage, uniforms and equipment, meals and lodging, meal and rest periods, and seats. The summary shall also include information as to how to contact the field office of the Division of Labor Standards Enforcement, how to obtain a copy of the full text of the order and the statement as to the basis for the order, and any other information the commission deems necessary. The commission, at its discretion, may prepare a separate summary for each order or any combination of orders, or it may incorporate the regulations of all its orders into a single summary. (c) A finding by the commission that there has been publication of any action taken by the commission as required by Section is conclusive as to the obligation of an employer to comply with the order. (d) Every employer who is subject to an order of the commission shall post a copy of the order and keep it posted in a conspicuous location frequented by employees during the hours of the workday. 207

208 LC 1191 Special License for Mentally or Physically Handicapped For any occupation in which a minimum wage has been established, the commission may issue to an employee who is mentally or physically handicapped, or both, a special license authorizing the employment of the licensee for a period not to exceed one year from date of issue, at a wage less than the legal minimum wage. The commission shall fix a special minimum wage for the licensee. Such license may be renewed on a yearly basis. LC Sheltered Workshop or Rehabilitation Facility; Special License Notwithstanding the provisions of Section 1191, the commission may issue a special license to a nonprofit organization such as sheltered workshop or rehabilitation facility to permit the employment of employees who have been determined by the commission to meet the requirements in Section 1191 without requiring individual licenses of such employees. The commission shall fix a special minimum wage for such employees. The special license for the nonprofit corporation shall be renewed on a yearly basis, or more frequently as determined by the commission. LC 1192 Special License for Apprentices and Learners For any occupation in which a minimum wage has been established, the commission may issue to an apprentice or learner a special license authorizing the employment of such apprentice or learner for the time and under the conditions which the commission determines and at a wage less than the legal minimum wage. The commission shall fix a special wage for such apprentice or learner. LC 1193 Maximum Number of Employed Licensees The commission may fix the maximum number of employees to be employed under the licenses provided for in Sections 1191 and 1192 in any occupation, trade, industry, or establishment in which a minimum wage has been established. LC Administration and Enforcement; Authority of Authorized Representatives; Unpaid Minimum or Overtime Wages; Disposition The provisions of this chapter shall be administered and enforced by the division. Any authorized representative of the division shall have authority to: (a) Investigate and ascertain the wages of all employees, and the hours and working conditions of all employees in any occupation in the state; 208

209 (b) Supervise the payment of unpaid minimum wages or unpaid overtime compensation owing to any employee under the provisions of this chapter or the orders of the commission. Acceptance of payment of sums found to be due on demand of the division shall constitute a waiver on the part of the employee of his or her cause of action under Section Unpaid minimum wages or unpaid overtime wages recovered by the division under the provisions of this section which for any reason cannot be delivered within six months from date of collection to the employee for whom such wages collected shall be deposited into the Industrial Relations Unpaid Wage Fund in the State Treasury. LC Action to Recover Minimum Wage Compensation, Interest, Attorney s Fees and Costs by Department or Division (a) The department or division may, with or without the consent of the employee or employees affected, commence and prosecute a civil action to recover unpaid minimum wages or unpaid overtime compensation, including interest thereon, owing to any employee under this chapter or the orders of the commission, and, in addition to these wages, compensation, and interest, shall be awarded reasonable attorney s fees, and costs of suit. The consent of any employee to the bringing of this action shall constitute a waiver on the part of the employee of his or her cause of action under Section 1194 unless the action is dismissed without prejudice by the department or the division. (b) The amendments made to this section by Chapter 825 of the Statutes of 1991 shall apply only to civil actions commenced on or before January 1, LC 1194 Action to Recover Minimum Wage, Overtime Compensation, Interest, Attorney s Fees, and Costs by Employee (a) Notwithstanding any agreement to work for a lesser wage, any employee receiving less than the legal minimum wage or the legal overtime compensation applicable to the employee is entitled to recover in a civil action the unpaid balance of the full amount of this minimum wage or overtime compensation, including interest thereon, reasonable attorney s fees, and costs of suit. (b) The amendments made to this section by Chapter 25 of the Statutes of 1991 shall apply only to civil actions commenced on or after January 1, LC Liquidated Damages (a) In any action under Section or Section 1194 to recover wages because of the payment of a wage less than the minimum wage fixed by an order of the commission, an employee shall be entitled to recover liquidated damages in an amount equal to the wages unlawfully unpaid and interest thereon. Nothing in 209

210 this subdivision shall be construed to authorize the recovery of liquidated damages for failure to pay overtime compensation. (b) Notwithstanding subdivision (a), if the employer demonstrates to the satisfaction of the court that the act or omission giving rise to the action was in good faith and that the employer had reasonable grounds for believing that the act or omission was not a violation of any provision of the Labor Code relating to minimum wage, or an order of the commission, the court may, in its discretion, refuse to award liquidated damages or award any amount of liquidated damages not exceeding the amount specified in subdivision (a). (c) This section only shall apply to civil actions commenced on or after January 1, LC 1195 Registration of Complaints with Division; Investigation; Enforcement of Minimum Wage Any person may register with the Division of Labor Standards Enforcement a complaint that the wage paid to an employee for whom a minimum wage has been fixed by the commission is less than that rate. The division shall investigate the matter and take all proceedings necessary to enforce the payment of a wage not less than the minimum wage. LC Determination of Computation and Payment of Wages in Excess of Minimum; Examination of Records; Enforcement of Payment of Unpaid Sums The Division of Labor Standards Enforcement shall determine, upon request, whether the wages of employees, which exceed the minimum wages fixed by the commission, have been correctly computed and paid. For this purpose, the division may examine the books, reports, contracts, payrolls and other documents of the employer relative to the employment of employees. The division shall enforce the payment of any sums found, upon examination, to be due and unpaid to the employees. LC 1197 Payment of Less than Minimum Wage The minimum wage for employees fixed by the commission is the minimum wage to be paid to employees, and the payment of a less wage than the minimum so fixed is unlawful. LC Payment of Less than Minimum Wage; Civil Penalty; Citation; Hearing; Notice of Decision; Enforcement (a) Any employer or other person acting either individually or as an officer, agent, or employee of another person, who pays or causes to be paid to any employee a 210

211 wage less than the minimum fixed by an order of the commission shall be subject to a civil penalty as follows: (1) For any initial violation that is intentionally committed, fifty dollars ($50) for each underpaid employee for each pay period for which the employee is underpaid. (2) For each subsequent violation for the same specific offense, two hundred fifty dollars ($250) for each underpaid employee for each pay period for which the employee is underpaid regardless of whether the initial violation is intentionally committed. (b) If, upon inspection or investigation, the Labor Commissioner determines that a person has paid or caused to be paid a wage less than the minimum, the Labor Commissioner may issue a citation to the person in violation. The citation may be served personally or by registered mail in accordance with subdivision (c) of Section of the Government Code. Each citation shall be in writing and shall describe the nature of the violation, including reference to the statutory provision alleged to have been violated. The Labor Commissioner promptly shall take all appropriate action, in accordance with this section, to enforce the citation and to recover the civil penalty assessed in connection with the citation. (c) If a person desires to contest a citation or the proposed assessment of a civil penalty therefore, the person shall, within 15 business days after service of the citation, notify the office of the Labor Commissioner that appears on the citation of his or her request for an informal hearing. The Labor Commissioner or his or her deputy or agent shall, within 30 days, hold a hearing at the conclusion of which the citation or proposed assessment of a civil penalty shall be affirmed, modified, or dismissed. The decision of the Labor Commissioner shall consist of a notice of findings, findings, and an order, all of which shall be served on all parties to the hearing within 15 days after the hearing by regular first-class mail at the last known address of the party on file with the Labor Commissioner. Service shall be completed pursuant to Section 1013 of the Code of Civil Procedure. Any amount found due by the Labor Commissioner as a result of a hearing shall become due and payable 45 days after notice of the findings and written findings and order have been mailed to the party assessed. A writ of mandate may be taken from this finding to the appropriate superior court. The party shall pay any judgment and costs ultimately rendered by the court against the party for the assessment. The writ shall be taken within 45 days of service of the notice of findings, findings, and order thereon. (d) A person to whom a citation has been issued shall, in lieu of contesting a citation pursuant to this section, transmit to the office of the Labor Commissioner designated on the citation the amount specified for the violation within 15 business days after issuance of the citation. (e) When no petition objecting to a citation or the proposed assessment of a civil penalty is filed, a certified copy of the citation or proposed civil penalty may be 211

212 filed by the Labor Commissioner in the office of the clerk of the superior court in any county in which the person assessed has or had a place of business. The clerk, immediately upon the filing, shall enter judgment for the state against the person assessed in the amount shown on the citation or proposed assessment of a civil penalty. (f) When findings and the order thereon are made affirming or modifying a citation or proposed assessment of a civil penalty after hearing, a certified copy of these findings and the order entered thereon may be entered by the Labor Commissioner in the office of the clerk of the superior court in any county in which the person assessed has property or in which the person assessed has or had a place of business. The clerk, immediately upon the filing, shall enter judgment for the state against the person assessed in the amount shown on the certified order. (g) A judgment entered pursuant to this section shall bear the same rate of interest and shall have the same effect as other judgments and be given the same preference allowed by the law on other judgments rendered for claims for taxes. The clerk shall make no charge for the service provided by this section to be performed by him or her. (h) The civil penalties provided for in this section are in addition to any other penalty provided by law. (i) This section shall not apply to any order of the commission relating to household occupations. LC Equal Wage Rates for All Employees; Variations; Enforcement (a) No employer shall pay any individual in the employer's employ at wage rates less than the rates paid to employees of the opposite sex in the same establishment for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions, except where the payment is made pursuant to a seniority system, a merit system, a system which measures earnings by quantity or quality of production, or a differential based on any bona fide factor other than sex. (b) Any employer who violates subdivision (a) is liable to the employee affected in the amount of the wages, and interest thereon, of which the employee is deprived by reason of the violation, and in an additional equal amount as liquidated damages. (c) The provisions of this section shall be administered and enforced by the Division of Labor Standards Enforcement. If the division finds that an employer has violated this section, it may supervise the payment of wages and interest found to be due and unpaid to employees under subdivision (a). Acceptance of payment in full made by an employer and approved by the division shall constitute a 212

213 waiver on the part of the employee of the employee's cause of action under subdivision (g). (d) Every employer shall maintain records of the wages and wage rates, job classifications, and other terms and conditions of employment of the persons employed by the employer. All of the records shall be kept on file for a period of two years. (e) Any employee may file a complaint with the division that the wages paid are less than the wages to which the employee is entitled under subdivision (a). These complaints shall be investigated as provided in subdivision (b) of Section The name of any employee who submits to the division a complaint regarding an alleged violation of subdivision (a) shall be kept confidential by the division until validity of the complaint is established by the division, or unless the confidentiality must be abridged by the division in order to investigate the complaint. The name of the complaining employee shall remain confidential if the complaint is withdrawn before the confidentiality is abridged by the division. The division shall take all proceedings necessary to enforce the payment of any sums found to be due and unpaid to these employees. (f) The department or division may commence and prosecute, unless otherwise requested by the employee or affected group of employees, a civil action on behalf of the employee and on behalf of a similarly affected group of employees to recover unpaid wages and liquidated damages under subdivision (a), and in addition shall be entitled to recover costs of suit. The consent of any employee to the bringing of any action shall constitute a waiver on the part of the employee of the employee's cause of action under subdivision (g) unless the action is dismissed without prejudice by the department or the division, except that the employee may intervene in the suit or may initiate independent action if the suit has not been determined within 180 days from the date of the filing of the complaint. (g) Any employee receiving less than the wage to which the employee is entitled under this section may recover in a civil action the balance of the wages, including interest thereon, and an equal amount as liquidated damages, together with the costs of the suit and reasonable attorney's fees, notwithstanding any agreement to work for a lesser wage. (h) A civil action to recover wages under subdivision (a) may be commenced no later than two years after the cause of action occurs, except that a cause of action arising out of a willful violation may be commenced no later than three years after the cause of action occurs. (i) If an employee recovers amounts due the employee under subdivision (b), and also files a complaint or brings an action under subdivision (d) of Section 206 of Title 29 of the United States Code which results in an additional recovery under federal law for the same violation, the employee shall return to the employer the 213

214 amounts recovered under subdivision (b), or the amounts recovered under federal law, whichever is less. LC 1198 Maximum Hours of Work; Standard Conditions of Labor; Employment in Violation The maximum hours of work and the standard conditions of labor fixed by the commission shall be the maximum hours of work and the standard conditions of labor for employees. The employment of any employee for longer hours than those fixed by the order or under conditions of labor prohibited by the order is unlawful. LC Mandatory Days Off Requirements; Exemption for Hardship (a) The Chief of the Division of Labor Standards Enforcement may, when in his or her judgment hardship will result, exempt any employer or employees from any mandatory day or days off requirement contained in any order of the commission. Any exemption granted by the chief pursuant to this section shall be only of sufficient duration to permit the employer or employees to comply with the requirements contained in the order of the commission, but not more than one year. The exemption may be renewed by the chief only after he or she has investigated and is satisfied that a good faith effort is being made to comply with the order of the commission. (b) No employer shall discharge or in any other manner discriminate against any employee who refuses to work hours in excess of those permitted by the order of the commission. LC Right to Inspect Records (a) Every employee has the right to inspect the personnel records that the employer maintains relating to the employee's performance or to any grievance concerning the employee. (b) The employer shall make the contents of those personnel records available to the employee at reasonable intervals and at reasonable times. Except as provided in paragraph (3) of subdivision, the employer shall not be required to make those personnel records available at a time when the employee is actually required to render service to the employer. (c) The employer shall do one of the following: (1) Keep a copy of each employee's personnel records at the place where the employee reports to work. 214

215 (2) Make the employee's personnel records available at the place where the employee reports to work within a reasonable period of time following an employee's request. (3) Permit the employee to inspect the personnel records at the location where the employer stores the personnel records, with no loss of compensation to the employee. (d) The requirements of this section shall not apply to: (1) Records relating to the investigation of a possible criminal offense. (2) Letters of reference. (3) Ratings, reports, or records that were: (i) Obtained prior to the employee's employment. (ii) Prepared by identifiable examination committee members. (iii) Obtained in connection with a promotional examination. (4) Employees who are subject to the Public Safety Officers Procedural Bill of Rights, Chapter 9.7 (commencing with Section 3300) of Division 4 of Title 1 of the Government Code. (5) Employees of agencies subject to the Information Practices Act of 1977 (Title 1.8 (commencing with Section 1798) of Part 4 of Division 3 of the Civil Code). (e) The Labor Commissioner may adopt regulations that determine the reasonable times and reasonable intervals for the inspection of records maintained by an employer that is not a public agency. (f) If a public agency has established an independent employee relations board or commission, an employee shall first seek relief regarding any matter or dispute relating to this section from that board or commission before pursuing any available judicial remedy. (g) In enacting this section, it is the intent of the Legislature to establish minimum standards for the inspection of personnel records by employees. Nothing in this section shall be construed to prevent the establishment of additional rules for the inspection of personnel records that are established as the result of agreements between an employer and a recognized employee organization. LC 1199 Misdemeanors; Punishment 215

216 Every employer or other person acting either individually or as an officer, agent, or employee of another person is guilty of a misdemeanor and is punishable by a fine of not less than one hundred dollars ($100) or by imprisonment for not less than 30 days, or by both, who does any of the following: (a) Requires or causes any employee to work for longer hours than those fixed, or under conditions of labor prohibited by an order of the commission. (b) Pays or causes to be paid to any employee a wage less than the minimum fixed by an order of the commission. (c) Violates or refuses or neglects to comply with any provision of this chapter or any order or ruling of the commission. LC 1285 Legislative Intent It is the intent of the Legislature in enacting Sections 1286 to 1289, inclusive, to establish a citation system for the imposition of prompt and effective civil sanctions against violators of the laws and regulations of this state relating to the employment of minors. The civil penalties provided for in this article are in addition to any other penalty provided by law. LC 1286 Definitions As used in this article: (a) Director means the Director of Industrial Relations or his or her designee. (b) Department means the Department of Industrial Relations. (c) Minor means any person under the age of 18 years who is required to attend school under Chapter 2 (commencing with Section 48200) and Chapter 3 (commencing with Section 48400) of Part 27 of the Education Code and any person under the age of six years. A person under the age of 18 years who is not required to attend school under Chapter 2 (commencing with Section 48200) and Chapter 3 (commencing with Section 48400) of Part 27 of the Education Code solely because that person is a nonresident of California shall still be considered a minor. (d) Labor Commissioner means the Chief of the Division of Labor Law Enforcement, his or her deputies or agents, who shall have the authority to conduct informal hearings and determine the amount of civil penalties in accordance with this article. (e) Door-to-door sales has the same meaning as home solicitation contract or offer, as defined in subdivision (a) of Section of the Civil Code, except 216

217 that door-to-door sales is not subject to the minimum monetary limitation set forth in that subdivision. LC 1287 Citation for Violation; Contents; Service If upon inspection or investigation the director determines that a person is in violation of any statutory provision or rule or regulation relating to the employment of minors, he may issue a citation to the person in violation. The citation may be served personally or by registered mail in accordance with subdivision (c) of Section of the Government Code. Each citation shall be in writing and shall describe the nature of the violation, including reference to the statutory provisions, rule, or regulation alleged to have been violated. LC 1288 Classification of Citations; Civil Penalties Citations issued pursuant to this article shall be classified according to the nature of the violation, and shall indicate the classification on the face thereof, as follows: (a) Class "A' violations are violations of Section 1290, 1292, 1293, , 1294, , , 1308, , or 1392, and any other violations that the director determines present an imminent danger to minor employees or a substantial probability that death or serious physical harm would result there from. The violation of Section 1391 for the third or subsequent time shall also constitute a class "A" violation. A physical condition or one or more practices, means, methods, or operations in use in a place of employment may constitute a violation. A class "A" violation is subject to a civil penalty in an amount not less than five thousand dollars ($5,000) and not exceeding ten thousand dollars ($10,000) for each and every violation. Willful or repeated violations shall receive higher civil penalties than those imposed for comparable non-willful or first violations, not to exceed ten thousand dollars ($10,000). (b) Class "B' violations are violations of Section 1299 or , or a violation of Section 1391 for the first and second time, and those other violations that the director determines have a direct or immediate relationship to the health, safety, or security of minor employees, other than class "A' violations. A class "B" violation is subject to a civil penalty in an amount not less than five hundred dollars ($500) and not exceeding one thousand dollars ($1,000) for each and every violation. Willful or repeated violations shall receive higher civil penalties than those imposed for comparable non-willful or first violations. A second violation of Section 1391 shall be subject to a civil penalty of one thousand dollars ($1,000). (c) Nothing in this section shall preclude the imposition of criminal penalties provided for in this chapter. 217

218 LC 1290 Employment of Minors Under 16 No minor under the age of 16 years shall be employed, permitted, or suffered to work in or in connection with any manufacturing establishment or other place of labor or employment at any time except as may be provided in this article or by the provisions of Part 27 (commencing with Section 48000) of the Education Code. LC 1291 Work for Manufacturing Establishment Work is done for a manufacturing establishment within the meaning of this article whenever it is done at any place upon the work of a manufacturing establishment, or upon any of the materials entering into the products of a manufacturing establishment, whether under contract or arrangement with any person in charge of or connected with a manufacturing establishment directly or indirectly through contractors or third persons. LC 1292 Tasks Prohibited to Minors Under 16 No minor under the age of 16 years shall be employed or permitted to work in any capacity in: (a) Adjusting any belt to any machinery. (b) Sewing or lacing machine belts in any workshop or factory. (c) Oiling, wiping, or cleaning machinery, or assisting herein. LC 1293 Tasks Prohibited to Minors Under 16 No minor under the age of 16 years shall be employed, or permitted, to work in any capacity in operating or assisting in operating any of the following machines: (a) Circular or band saws; wood shapers; wood jointers; planners; sandpaper or wood-polishing machinery; wood turning or boring machinery. (b) Picker machines or machines used in picking wool, cotton, hair, or other material; carding machines; leather-burnishing machines; laundry machinery. (c) Printing-presses of all kinds; boring or drill presses; stamping machines used in sheet-metal and tinware, in paper and leather manufacturing, or in washer and nut factories; metal or paper cutting machines; paper-lace machines. 218

219 (d) Corner-staying machines in paper-box factories; corrugating rolls, such as are used in corrugated paper, roofing or washboard factories. (e) Dough brakes or cracker machinery of any description. (f) Wire or iron straightening or drawing machinery; rolling-mill machinery; power punches or shears; washing, grinding or mixing machinery; calendar rolls in paper and rubber manufacturing; steam-boilers; in proximity to any hazardous or unguarded belts, machinery or gearing. LC Tasks Prohibited to Minors Under 12 (a) Except as provided in subdivision (c) of Section 1394, no minor under the age of 12 years may be employed or permitted to work, or accompany or be permitted to accompany an employed parent or guardian, in an agricultural zone of danger. As used in this section, agricultural zone of danger means any or all of the following: (1) On or about moving equipment. (2) In or about unprotected chemicals. (3) In or about any unprotected water hazard. The Department of Industrial Relations may, after hearing, determine other hazards that constitute an agricultural zone of danger. (b) Except for employment described in subdivision (a) of Section 1394, no minor under the age of 12 years may be employed or permitted to work, or accompany an employed parent or guardian, in any of the occupations declared hazardous for employment of minors below 16 years of age in Section of Title 29 of the Code of Federal Regulations, as that regulation may be amended from time to time. LC 1294 Places of Employment Prohibited to Minors Under 16 No minor under the age of 16 years shall be employed or permitted to work in any capacity: (a) Upon any railroad, whether steam, electric, or hydraulic. (b) Upon any vessel or boat engaged in navigation or commerce within the jurisdiction of this state. 219

220 (c) In, about, or in connection with any processes in which dangerous or poisonous acids are used, in the manufacture or packing of paints, colors, white or red lead, or in soldering. (d) In occupations causing dust in injurious quantities, in the manufacture or use of dangerous or poisonous dyes, in the manufacture or preparation of compositions with dangerous or poisonous gases, or in the manufacture or use of compositions of lye in which the quantity thereof is injurious to health. (e) On scaffolding, in heavy work in the building trades, in any tunnel or excavation, or in, about or in connection with any mine, coal breaker, coke oven or quarry, (f) In assorting, manufacturing or packing tobacco. (g) Operating any automobile, motorcar, or truck. (h) In any occupation dangerous to the life or limb, or injurious to the health or morals of the minor. LC Minors Under 16 Years of Age and All Minors; Prohibited Employment (a) No minor under the age of 16 years shall be employed or permitted to work in either of the following: (1) Any occupation declared particularly hazardous for the employment of minors below the age of 16 years in Section of Subpart E-1 of Part 570 of Title 29 of the Code of Federal Regulations, as that regulation may be revised from time to time. (2) Any occupation excluded from the application of Subpart C of Part 570 of Title 29 of the Code of Federal Regulations, as set forth in Section and paragraph (b) of Section thereof, as those regulations may be revised from time to time. (b) No minor shall be employed or permitted to work in any occupation declared particularly hazardous for the employment of minors between 16 and 18 years of age, or declared detrimental to their health or well-being, in Subpart E of Part 570 of Title 29 of the Code of Federal Regulations, as those regulations may be revised from time to time. (c) Nothing in this section shall prohibit a minor engaged in the processing and delivery of newspapers from entering areas of a newspaper plant, other than areas where printing presses are located, for purposes related to the processing or delivery of newspapers. LC Employment Allowed Minors 14 to 15 Years of Age 220

221 Minors 14 and 15 years of age may be employed in occupations not otherwise prohibited by this chapter, including, but not limited to the following: (a) Office and clerical work, including the operation of office machines. (b) Cashiering, selling, modeling, art work, work in advertising departments, window trimming, and comparative shopping. (c) Price marking and tagging by hand or by machine, assembling orders, packing and shelving. (d) Bagging and carrying out customers' orders. (e) Errand and delivery work by foot, bicycle, and public transportation. (f) Cleanup work, including the use of vacuum cleaners and floor waxers, and maintenance of grounds, but not including the use of power-driven mowers or cutters. (g) Kitchen work and other work involved in preparing and serving food and beverages, including the operation of machines and devices used in the performance of this work, including, but not limited to, dishwashers, toasters, dumbwaiters, popcorn poppers, milkshake blenders, and coffee grinders. (h) Cleaning vegetables and fruits, and wrapping, sealing, labeling, weighing, pricing, and stocking goods when performed in areas physically separate from areas where meat is prepared for sale and outside freezers or meat coolers. LC Delivery of Newspapers; Means of Transportation Nothing in this chapter shall be construed to prohibit a minor engaged in the delivery of newspapers to consumers from making deliveries by foot, bicycle, public transportation, or by an automobile driven by a person 16 years of age or older. LC Gas Service Stations (a) Minors 16 and 17 years of age may work in gas service stations in the following activities: (1) Dispensing gas or oil (2) Courtesy service (3) Car cleaning, washing, and polishing (4) Activities specified in Section

222 (b) No minor 16 or 17 years of age may perform work in gas service stations that involves the use of pits, racks, or lifting apparatus, or that involves the inflation of any tire mounted on a rim equipped with a removable retaining ring. (c) Minors under the age of 16 years may be employed in gas service stations to perform only those activities specified in Section LC 1295 Courses of Training; Exception (a) Sections 1292, 1293, 1294, and shall not apply to any of the following: (1) Courses of training in vocational or manual training schools or in state institutions. (2) Apprenticeship training provided in an apprenticeship training program established pursuant to Chapter 4 (commencing with Section 3070) of Division 3. (3) Work experience education programs conducted pursuant to either or both Section and Article 5.5 (commencing with Section 5985) of Chapter 6 of Division 6 of the Education Code, provided that the work experience coordinator determines that the students have been sufficiently trained in the employment or work otherwise prohibited by these sections, if parental approval is obtained, and the principal or the counselor of the student has determined that the progress of the student toward graduation will not be impaired. (b) Section shall not apply to the following persons as provided by Section of Title 29 of the Code of Federal Regulations: (1) Student-learners in a bona fide vocational agriculture program working in the occupations specified in paragraph (1) of subdivision (a) of Section under a written agreement that provides that the student-learner's work is incidental to training, intermittent, for short periods of time, and under close supervision of a qualified person, and includes all of the following: (i) Safety instructions given by the school and correlated with the student-learner s on-the-job training. (ii) A schedule of organized and progressive work processes for the student-learner. (iii) The name of the student-learner. 222

223 (iv) The signature of the employer and a school authority, each of whom must keep copies of the agreement. (2) Minors l4 or l5 years of age who hold certificates of completion of either a tractor operation or a machine operation program and who are working in the occupations for which they have been trained. These certificates are valid only for the occupations specified in paragraph (1) of subdivision (a) of Section Farmers employing minors who have completed this program shall keep a copy of the certificates of completion on file with the minor's records. (3) Minors 14 and 15 years old who hold certificates of completion of either a tractor operation or a machine operation program of the United States Office of Education Vocational Agriculture Training Program and are working in the occupations for which they have been trained. These certificates are valid only for the occupations specified in paragraph (1) of subdivision (a) of Section Farmers employing minors who have completed this program shall keep a copy of the certificate of completion on file with the minor s records. LC Employment of Minors; Performance of Sports-Attending Services (a) Notwithstanding Section 1391 of this code or Section of the Education Code, minors 14 years of age and older may be employed during the hours permitted by subdivision (b) to perform sports-attending services in professional baseball as enumerated in subsection (b) of Section of Title 29 of the Code of Federal Regulations. No employer may employ a minor 14 or 15 years of age to perform sportsattending services in professional baseball without the prior written approval of either the school district of the school in which the minor is enrolled or the county board of education of the county in which that school district is located. (b) Any minor 14 or 15 years of age who performs sports-attending services in professional baseball pursuant to subdivision (a) may be employed outside of school hours until 12:30 a.m. during any evening preceding a non-school day and until 10 p.m. during any evening preceding a schoolday. No employer may employ a minor 14 or 15 years of age to perform sports-attending services in professional baseball pursuant to subdivision (a) for more than five hours in any schoolday, for more than 18 hours in any week while school is in session, for more than eight hours in any non-school day, or for more than 40 hours in any week that school is not in session. An employer may employ a minor 16 or 17 years of age outside of school hours to perform sports-attending services in professional baseball pursuant to subdivision (a) for up to five hours in any schoolday. 223

224 (c) The school authority issuing the permit to the minor to perform sports-attending services in professional baseball shall both (1) provide the local office of the Division of Labor Standards Enforcement with a copy of the permit within five business days after the date the permit is issued and (2) monitor the academic achievement of the minor to ensure that the educational progress of the minor is being maintained or improves during the period of employment. LC 1296 Determination of Additional Employments Dangerous to Minors; Judicial Review The Division of Labor Standards Enforcement may, after a hearing, determine whether any particular trade, process of manufacture, or occupation, in which the employment of minors is not already forbidden by law, or whether any particular method of carrying on trade, process of manufacture, or occupation is sufficiently dangerous to the lives or limbs or injurious to the health or morals of minors to justify their exclusion there from. No minor shall be employed or permitted to work in any occupation thus determined to be dangerous or injurious to minors. Any determination hereunder may be reviewed by the superior court. LC 1297 Messengers; Minimum Ages; Hours of Work No minor under the age of 16 years shall be employed or permitted to work as a messenger for any telegraph, telephone, or messenger company, or for the United States government or any of its departments while operating a telegraph, telephone, or messenger service, in the distribution, transmission, or delivery of goods or messages in cities of more than 15,000 inhabitants; nor shall any minor under the age of 18 years be employed, permitted, or suffered to engage in such work before 6 o'clock in the morning or after 9 o'clock in the evening. Nothing in this section shall apply to any minor employed to deliver newspapers to consumers. LC 1298 Sale or Distribution of Newspapers, Magazines, Periodicals, or Circulars (a) Notwithstanding Section , no minor under 12 years of age shall be employed or permitted to work at any time in or in connection with the occupation of selling or distributing newspapers, magazines, periodicals, or circulars. (b) This section shall not apply to a minor who is at least 10 years of age and is engaged as a newspaper carrier on the effective date of the act adding this subdivision. LC 1299 Permits and Certificates for Employment of Minors Every person, or agent or officer thereof, employing minors, either directly or indirectly through third persons, shall keep on file all permits and certificates, either to work or to 224

225 employ, issued under this article or Part 27 (commencing with Section 48000) of the Education Code. The files shall be open at all times to the inspection of the school attendance and probation officers, the State Board of Education, and the officers of the Division of Labor Standards Enforcement. LC 1300 Return of Certificates and Permits; Cancellations; Grounds for Cancellation All certificates and permits to work or employ shall be subject to cancellation at any time by the Labor Commissioner or by the issuing authority, whenever the Commission or the issuing authority finds that the conditions for the legal issuance of such certificate or permit no longer exists or have never existed. LC 1301 Application of Article to Owners or Controllers of Realty The provisions of this article concerning the employment of minors, and the civil penalties for violations of such provisions, shall be fully applicable to every person who owns or controls the real property upon which a minor is employed, whether or not such person is the minor s employer, if the minor s employment is for the benefit of such person, and such person has knowingly permitted the violation or continuation of such violations. The posting of a notice pursuant to Section of the Education Code shall not operate to exempt any person from the provisions of this article. LC 1302 Authority to Enter Places of Employment; Denial of Entrance; Report to Commissioner The attendance supervisor, who is a full-time attendance supervisor performing no other duties, of any county, performing no other duties, of any county, city and county, or school district in which any place of employment is situated, or the probation officer of such county, may at any time, enter such place of employment for the purpose of examining permits to work or to employ of all minors employed in such place of employment, or for the purpose of investigating violations of the provisions of this article or of Chapter 6 (commencing with Section 12101), 7 (commencing with Section 12551), or 7.5 (commencing with Section 12765) of Division 9 of the Education Code. If an attendance supervisor or probation officer is denied entrance to such place of employment, or if any violations of laws relating to the employment of minors are found to exist, the attendance supervisor or probation officer shall report the denial of entrance or the violation to the Labor Commissioner. Such report shall be made within 48 hours and shall be in writing, setting forth the fact that he has good cause to believe that such laws are being violated in such place of employment, and describing the nature of the violation. 225

226 LC 1303 Violation; Misdemeanor; Penalty Any person, or agent or officer thereof, employing either directly or indirectly through third persons, or any parent or guardian of a minor affected by this article who violates any provision hereof, or who employs, or permits any minor to be employed in violation hereof, is guilty of a misdemeanor, punishable by a fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000) or imprisonment in the county jail for not more than six months, or both. Any person who willfully violates this article shall, upon conviction, be subject to a fine of not more than ten thousand dollars ($10,000) or to imprisonment in the county jail for not more than six months, or both. No person shall be imprisoned under this section, except for an offense committed after the conviction of that person for a prior offense under this article. LC 1304 Prima Facie Evidence of Violation Failure to produce any permit or certificate either to work or to employ or to post any notice required by this article is prima facie evidence of the illegal employment of any minor whose permit or certificate is not so produced or whose name is not so posted. Proof that any person was the manager or superintendent of any place of employment subject to the provisions of this article at the time any minor is alleged to have been employed therein violation thereof, is prima facie evidence that the person employed, or permitted the minor so to work. The sworn statement of the Labor Commissioner or his deputy or agents as to the age of any child affected by this article is prima facie evidence of the age of such child. LC 1305 Disposition of Fines (a) All fines and penalties collected under this article, other than as the result of a judicial proceeding to enforce collection, shall be paid to the department in the form of remittances payable to the Department of Industrial Relations. The department shall transmit the payments to the State Treasury and the payments shall be credited to the General Fund. (b) Notwithstanding Section 1463 of the Penal Code, all fines and penalties collected in judicial proceedings to enforce their collection, except for the civil penalties that are assessed and collected pursuant to Section 1287, 1288, and 1289, shall be allocated pursuant to court order. The court shall direct that 50 percent of the fines and penalties assessed shall be transmitted to the county treasury, if prosecuted by the district attorney or the county counsel, or to the city treasury, if prosecuted by the city attorney, 25 percent of the fines and penalties assessed shall be transmitted to the Department of Industrial Relations to be available, upon appropriation by the Legislature, for the purpose of recovering costs incurred by the department pursuant to this chapter, and 25 percent of the fines 226

227 and penalties assessed be transmitted to the Treasurer for deposit in the State Treasury to the credit of the General Fund. LC 1307 Custody of Minors Illegally at Work All minors coming within the provisions of Division 9 (commencing with Section 10501) of the Education Code shall be placed or delivered into the custody of the school district authorities of the county or city in which they are found illegally at work. LC 1308 Occupations Prohibited to Minors; Persons Causing Employment; Penalties; Exceptions (a) Any person is guilty of a misdemeanor and is punishable by a fine of not less than one thousand dollars ($1,000) and not more than five thousand dollars ($5,000), imprisonment for not exceeding six months, or both, who, as parent, relative, guardian, employer, or otherwise having the care, custody, or control of any minor under the age of 16 years, exhibits, uses, or employs, or in any manner or under any pretense, sells, apprentices, gives away, lets out, or disposes of the minor to any person, under any name, title, or pretense for, or who causes, procures, or encourages the minor to engage in any of the following: (1) Any business, exhibition, or vocation, injurious to the health or dangerous to the life or limb of the minor. (2) The vocation, occupation, service, or purpose of singing, playing on musical instruments, rope or wire walking, dancing, begging, or peddling, or as a gymnast, acrobat, contortionist, or rider, in any place whatsoever. (3) Any obscene, indecent, or immoral purposes, exhibition, or practice whatsoever. Notwithstanding any other provision of law, this paragraph shall apply to a person with respect to any minor under the age of 18 years. (4) Any mendicant or wandering business. Any person who willfully violates this section shall, upon conviction, be subject to a fine of not more than ten thousand dollars ($10,000), or to imprisonment in the county jail for not more than six months, or both. No person shall be imprisoned under this section, except for an offense committed after the conviction of that person for a prior offense under this article. (b) Nothing in this section applies to or affects any of the following: 227

228 (1) The employment or use of any minor, as a singer or musician in any church, school, or academy, or the teaching or learning of the science or practice of music. (2) The employment of any minor as a musician at any concert or other musical entertainment, or as a performer in any form of entertainment, on the written consent of the Labor Commissioner pursuant to Section (3) The participation by any minor of any age, whether or not the minor receives payment for his or her services or receives money prizes, in any horseback riding exhibition, contest, or event other than a rough stock rodeo event, circus, or race. As used in this paragraph, rough stock rodeo event means any rodeo event operated for profit or operated by other than a nonprofit organization in which unbroken, little-trained, or imperfectly trained animals are ridden or handled by the participant, and shall include, but not be limited to, saddle bronc riding, bareback riding, and bull riding. As used in this paragraph, race means any speed contest between two or more animals which are on a course at the same time which is operated for profit or operated other than by a nonprofit organization. (4) The leading of livestock by a minor in nonprofit fairs stock parades, livestock shows and exhibitions. LC Minors Under 6 or 16; Door-to-Door Selling (a) No minor under the age of 6 years shall be permitted to engage in the door-todoor sales or street sales of candy, cookies, flowers, or any other merchandise or commodities. (b) No minor under 16 years of age, permitted by law to engage in door-to-door sales of newspapers or magazine subscriptions, or of candy, cookies, flowers, or other merchandise or commodities, shall be employed in those activities more than 50 miles from his or her place of residence. LC Transportation, Direction or Supervision of Minors More than 10 Miles From Minor s Residence or Facilitation of Participation in Door-to-Door Sales; Registration With Labor Commissioner; Conditions; Renewal; Proof of Registration; Temporary Registration; Violation; Penalty (a) Except as provided in subdivision (f), any person 18 years of age or older who transports, or provides direction or supervision during transportation of, a minor under 16 years of age to any location more than 10 miles from the minor s residence, or directs or supervises a minor, for the purpose of facilitating the minor s participation in door-to-door sales of any merchandise or commodity, 228

229 shall register with the Labor Commissioner pursuant to this section. Registration may be renewed on an annual basis. (b) The Labor Commissioner shall not register or renew registration of any person pursuant to this section unless all of the following conditions are satisfied: (1) The person has executed a written application on a form prescribed by the Labor Commissioner, including all of the following: (i) The name, address, social security number, and California driver s license number of the applicant and the name, address, and employer identification number of the organization from which the merchandise to be sold is purchased. The information provided pursuant to this subparagraph shall be set forth in a declaration of the individual applicant under penalty of perjury. (ii) A statement by the applicant containing all facts required by the Labor Commissioner concerning the applicant's character, competency, responsibility, and the manner and method by which the applicant proposes to transport the minor or minors, the number of minors to be transported, methods and levels of adult supervision to be provided, the nature of the merchandise to be sold, the content of any promotional statement to be delivered by any minor, and a description of how the merchandise or commodity to be sold would be represented to the public. (2) The Labor Commissioner, following an investigation thereof, is satisfied as to the character, competency, and responsibility of the applicant. (3) Each application for initial registration shall be accompanied by a fee determined by the Labor Commissioner in an amount sufficient in the aggregate to defray the division's costs of administering the registration program, but which shall not exceed one hundred dollars ($100) for initial registration or fifty dollars ($50) for registration renewal. (c) Any registrant under this section shall have proof of registration with the Labor Commissioner in his or her immediate possession at all times when engaged in any activity described in subdivision (a). (d) Whenever an application for a registration or renewal is made, and application processing pursuant to this section has not been completed, the Labor Commissioner may, at his or her discretion, issue a temporary or provisional registration valid for a period not exceeding 90 days, and subject, where appropriate, to summary revocation by the Labor Commissioner. Otherwise, the conditions for issuance or renewal of registration shall meet the requirements of subdivision (b). 229

230 (e) Any person who violates subdivision (a) or (c) is guilty of a misdemeanor, punishable by a fine of one thousand dollars ($1,000) per affected minor upon the first conviction for a violation, two thousand five hundred dollars ($2,500) per affected minor for the second conviction for a violation, and ten thousand dollars ($1 0,000) per affected minor for a third or subsequent conviction for a violation. (f) The following persons are not required to register under this section: (1) A parent or the guardian of the minor. (2) A person solely providing transportation for hire, who is not otherwise subject to the registration requirements of subdivision (a). (3) A person acting on behalf of a trustee or charitable corporation, as defined in Sections and , respectively, of the Government Code, or of any entity described in Section of the Government Code. LC Employment of Minors Under 16 Years of Age in Door-to-Door Sales More than 10 Miles From Minor s Residence; Registration With Labor Commissioner; Conditions; Renewal; Inspection; Proof of Registration; Temporary Registration; Violation; Penalty; Application (a) Except as provided in subdivision (g), any individual, association, corporation, or other entity that employs or uses, either directly or indirectly through third persons, minors under 16 years of age in door-to-door sales at any location more than 10 miles from the minor s residence shall register with the Labor Commissioner pursuant to this action. Registration may be renewed on an annual basis. (b) The Labor Commissioner shall not register or renew registration of any applicant pursuant to this section unless all the following conditions are satisfied: (1) The organization has executed a written application therefore on a form prescribed by the Labor Commissioner, including all of the following: (i) The company's name, address, and employer identification number, and the names, addresses, and social security numbers of all adults employed to supervise, accompany, or transport minors who would be engaged in door-to-door sales. The information provided pursuant to this subparagraph shall be set forth in a declaration under penalty of perjury by the application if an individual, or an officer of an applicant that is an association, corporation, or other entity. (ii) A statement of all the facts required by the Labor Commissioner concerning the nature of the merchandise to be sold and a plan detailing the level and nature of adult supervision to be provided 230

231 minors engaged in door-to-door sales. The information provided pursuant to this subparagraph shall be by declaration under penalty of perjury by the individual, or an officer of the association, corporation, or other entity. (iii) A copy of any written contract or other written agreement to be offered by the applicant to minors employed or used by the applicant in door-to-door sales. (2) The Labor Commissioner, following an investigation thereof, is satisfied that the employer has not previously violated this article and does not propose to expose minors in its employ to hazardous or unsafe working conditions. (3) Each application for initial registration shall be accompanied by a fee determined by the Labor Commissioner in an amount sufficient in the aggregate to defray the division's costs of administering the registration program, but which shall not exceed three hundred fifty dollars ($350) for initial registration or two hundred dollars ($200) for registration renewal. (c) Any registrant under this section shall, upon request, make available for inspection by the Labor Commissioner all its payroll records for any period. (d) Any registrant under this section, or person acting on behalf of a registrant, shall have proof of registration with the Labor Commissioner in his or her immediate possession at all times when engaged in any activity described in subdivision (a). (e) Whenever an application for a registration or renewal is made, and application processing pursuant to this section has not been completed, the Labor Commissioner may, at his or her discretion, issue a temporary or provisional registration valid for a period not exceeding 90 days, and subject, where appropriate, to summary revocation by the Labor Commissioner, otherwise, the conditions for issuance or renewal of registration shall meet the requirements of subdivision (a). (f) Any person or entity, or any agent or officer thereof, who violates subdivision (a) or (d), and any parent or guardian who knowingly permits a minor in his or her custody to be employed in door-to-door sales specified in subdivision (a) by an unregistered person or entity, or permits any minor to be employed in violation hereof, is guilty of a misdemeanor, punishable by a fine of one thousand dollars ($1,000) per affected minor for the first conviction for a violation, two thousand five hundred dollars ($2,500) per affected minor for the second conviction for a violation, and ten thousand dollars ($10,000) per affected minor for a third or subsequent conviction for a violation. (g) This section does not apply to any trustee or charitable corporation, as defined in Sections and , respectively, of the Government Code, or to any entity described in Section of the Government Code. 231

232 LC Revocation, Suspension, or Refusal to Renew Any Registration The Labor Commissioner may revoke, suspend, or refuse to renew any registration under Section or when any of the following have occurred: (a) The registrant or any agent of the registrant has violated or failed to comply with Section or (b) The registrant has made any misrepresentation or false statement in his or her application for registration under Section or (c) The registrant has operated in a manner substantially different from the conditions of operation stated in the application for registration. (d) The registrant, or any agent of the registrant, has been found by a court of law or the Labor Commissioner to have violated, or willfully aided or abetted any person in the violation of, any law of this state regulating the employment of minors, the payment of wages to minors, or the conditions, terms, or places of employment affecting the health and safety of minors. (e) The registrant has been found, by a court of law or the Secretary of Labor, to have violated any provision of the child labor provisions set forth in Section 12 of the federal Fair Labor Standards Act of 1938, as amended (29 U.S.C. Sec. 212). LC Minors Under 16; Occupations Requiring Consent of Commissioner; Misdemeanor (a) This section, with the exception of paragraph (4) of this subdivision, shall apply to all minors under the age of 16 years. The written consent of the Labor Commissioner is required for any minor, not otherwise exempted by this chapter, for any of the following: (1) The employment of any minor, in the presentation of any drama, legitimate play, or in any radio broadcasting or television studio. (2) The employment of any minor 12 years of age or over in any other performance, concert, or entertainment. (3) The appearance of any minor over the age of eight years in any performance, concert, or entertainment during the public school vacation. (4) Allowing any minor between the ages of 8 and 18 years, who is by any law of this state permitted to be employed as an actor, actress, or performer in a theater, motion picture studio, radio broadcasting studio, or television studio, before 10 o'clock p.m., in the presentation of a performance, play, 232

233 or drama continuing from an earlier hour until after 10 o'clock to continue his part in such presentation between the hours of 10 and 12 p.m. (5) The appearance of any minor in any entertainment which is noncommercial in nature. (6) The employment of any minor artist in the making of phonograph recordings. (7) The employment of any minor as an advertising or photographic model. (8) The employment or appearance of any minor pursuant to a contract approved by the superior court under Chapter 3 (commencing with Section 6750) of Part 3 of Division 11 of the Family Code. (b) Any person, or the agent, manager, superintendent or officer thereof, employing either directly or indirectly through third persons, or any parent or guardian of a minor who employs, or permits any minor to be employed in violation of any of the provisions of this section is guilty of a misdemeanor. Failure to produce the written consent from the Labor Commissioner is prima facie evidence of the illegal employment of any minor whose written consent is not produced. LC Prerequisites to Commissioner s Consent No consent shall be given at any time unless the officer giving it is satisfied that all of the following conditions are met: (a) The environment in which the performance, concert, or entertainment is to be produced is proper for the minor. (b) The conditions of employment are not detrimental to the health of the minor. (c) The minor s education will not be neglected or hampered by his or her participation in such performance, concert, or entertainment. The Labor Commissioner may require the authority charged with the issuance of age and schooling certificates to make the necessary investigation into the conditions covered by this section. LC Hours of Employment of Minor in Entertainment Industry; Violations (a) No minor shall be employed in the entertainment industry more than eight hours in one day of 24 hours, or more than 48 hours in one week, or before 5 a.m., or after 10 p.m. on any day preceding a schoolday. However, a minor may work the hours authorized by this section during any evening preceding a non-school day until 12:30 a.m. of the non-school day. 233

234 (b) For purposes of this section, schoolday means any day in which a minor is required to attend school for 240 minutes or more. (c) Any person or the agent or officer thereof, or any parent or guardian, who directly or indirectly violates or causes or suffers the violation of this section, is guilty of a misdemeanor punishable by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), or imprisonment in the county jail for not more than 60 days, or both LC 1309 Employment of Minors in Prohibited Occupations; Penalties Every person who takes, receives, hires, employs, uses, exhibits, or has in custody, for any of the purposes mentioned in Section 1308, any minor under the age of 16, or under the age of 18, as specified in paragraph (3) of subdivision (a) of Section 1308, is guilty of a misdemeanor punishable by a fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000), or imprisonment for not more than six months, or both. Any person who willfully violates this section shall, upon conviction, be subject to a fine of not more than ten thousand dollars ($10,000), or to imprisonment in the county jail for not more than six months, or both. No person shall be imprisoned under this section, except for an offense committed after the conviction of that person for a prior offense under this article. LC Films, Photographs, Slides, or Magazines; Depiction of Minors Under 18 Engaged in Sexual Conduct; Sales or Distribution for Resale; Sources of Material; Maintenance of Records; Misdemeanor (a) Every person who, with knowledge that a person is a minor under 18 years of age, or who, while in possession of these facts that he or she should reasonably know that the person is a minor under I8 years of age, knowingly sells or distributes for resale films, photographs, slides, or magazines which depict a minor under 18 years of age engaged in sexual conduct as defined in Section of the Penal Code, shall determine the names and addresses of persons from whom this material is obtained, and shall keep a record of these names and addresses. These records shall be kept for a period of three years after the material is obtained, and shall be kept confidential except that they shall be available to law enforcement officers as described in Section and subdivision (h) of Section of the Penal Code upon request. (b) Every retailer who knows or reasonably should know that films, photographs, slides, or magazines depict a minor under the age of 18 years engaged in sexual conduct as defined in Section of the Penal Code, shall keep a record of the names and addresses of persons from whom this material is acquired. These 234

235 records shall be kept for a period of three years after the material is acquired, and shall be kept confidential except that they shall be available to law enforcement officers as described in Section and subdivision (h) of Section of the Penal Code upon request. (c) The failure to keep and maintain the records described in subdivisions (a) and (b) for a period of three years after the obtaining or acquisition of this material is a misdemeanor. Disclosure of these records by law enforcement officers, except in the performance of their duties, is a misdemeanor. LC Violations of Section ; Civil Penalties; Disposition (a) Any person who violates any provision of Section shall be liable for a civil penalty not to exceed seven thousand five hundred dollars ($7,500) for each violation, which shall be assessed and recorded in a civil action brought in the name of the people of the State of California by the Attorney General or by any district attorney, county counsel, or city attorney in any court of competent jurisdiction. (b) If the action is brought by the Attorney General, one-half of the penalty collected shall be paid to the treasurer of the county in which the judgment was entered, and one-half to the State Treasurer. If brought by a district attorney or county counsel, the entire amount of penalty collected shall be paid to the treasurer of the county in which the judgment was entered. If brought by a city attorney or city prosecutor, one-half of the penalty shall be paid to the treasurer of the county and one-half to the city. LC 1310 Exceptions; Appearance in Entertainment Nothing in this article or Article 2 (commencing with Section 1390) of Chapter 3 shall prohibit or prevent: (a) The appearance of any minor in any church, public or religious school, or community entertainment. (b) The appearance of any minor in any school entertainment or in any entertainment for charity or for children, for which no admission fee is charged. (c) The appearance of any minor in any radio or television broadcasting exhibition, where the minor receives no compensation directly or indirectly therefore, and where the engagement of the minor is limited to a single appearance lasting no more than one hour, and where no admission fee is charged for the radio broadcasting or television exhibition. 235

236 (d) The appearance of any minor at any one event during a calendar year, occurring on a day on which school attendance is not required or on the day preceding such a day, lasting four hours or less, where a parent or guardian of the minor is present, for which the minor does not directly or indirectly receive any compensation. LC 1311 Enforcement Agency The Division of Labor Standards Enforcement shall enforce this article. LC 1312 Enforcement of Article Nothing in this article shall limit the authority of the Attorney General or the district attorney of any county, either upon their own complaint or the complaint of any person acting for himself or the general public, to prosecute actions, either civil or criminal, for violations of this article, or to enforce the provisions thereof independently and without specific direction of the director. LC 1390 Definitions As used in this article, unless the context otherwise indicates: (a) Horticultural includes the curing and drying but not the canning of all varieties of fruit. (b) Drama or play includes the production of motion picture plays. LC 1391 Hours of Employment of Minors; Violation; Misdemeanor; Penalty (a) Except as provided in Sections 1297, 1298, and : (1) No employer shall employ a minor 15 years of age or younger for more than eight hours in one day of 24 hours, or more than 40 hours in one week, or before 7 a.m. or after 7 p.m., except that from June 1 through Labor Day, a minor 15 years of age or younger may be employed for the hours authorized by this section until 9 p.m. in the evening. (2) Notwithstanding paragraph (1), while school is in session, no employer shall employ a minor 14 or 15 years of age for more than three hours in any schoolday, nor more than 18 hours in any week, nor during school hours, except that a minor enrolled in and employed pursuant to a schoolsupervised and school-administered work experience and career 236

237 exploration program may be employed for no more than 23 hours, any portion of which may be during school hours. (3) No employer shall employ a minor 16 or 17 years of age for more than eight hours in one day of 24 hours or more than 48 hours in one week, or before 5 a.m., or after 10 p.m. on any day preceding a schoolday. However, a minor 16 or 17 years of age may be employed for the hours authorized by this section during any evening preceding a non-school day until 12:30 a.m. of the non-school day. (4) Notwithstanding paragraph (3), while school is in session, no employer shall employ a minor 16 or 17 years of age for more than four hours in any schoolday, except as follows: (i) The minor is employed in personnel attendance occupations, as defined in the Industrial Welfare Commission Minimum Wage Order No. 15 (8 Cal. Code Regulations). Sec , school-approved work experience, or cooperative vocational education programs. (ii) The minor has been issued a permit to work pursuant to subdivision (c) of Section and is employed in accordance with the provisions of that permit. (b) For purposes of this section, schoolday means any day in which a minor is required to attend school for 240 minutes or more. (c) Any person or the agent or officer thereof, or any parent or guardian, who directly or indirectly violates or causes or suffers the violation of this section is guilty of a misdemeanor punishable by a fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000) or imprisonment in the county jail for not more than 60 days or both. Any person who willfully violates this section shall, upon conviction, be subject to a fine of not more than ten thousand dollars ($10,000) or to imprisonment in the county jail for not more than six months, or both. No person shall be imprisoned under this section, except for an offense committed after the conviction of that person for a prior offense under this article. (d) Nothing in this section shall apply to any minor employed to deliver newspapers to consumers. LC Minors 16 to 18 Years of Age Enrolled in Work Experience or Cooperative Vocational Education Programs Minors 16 years of age or older and under the age of 18 years enrolled in work experience or cooperative vocational education programs approved by the State Department of Education or in work experience education programs conducted by private schools may work after 10 p.m. but not later than 12:30 a.m., providing such employment is not detrimental to the health, education, or welfare of the minor and the 237

238 approval of the parent and the work experience coordinator has been obtained. However, if any such minor works any time during the hours from 10 p.m. to 12:30 a.m., he or she shall be paid for work during that time at a rate which is not less than the minimum wage paid to adults. LC Minors Under 18 Years of Age; High School Graduate or Equivalent or Possessing Certificate of Proficiency; Same Hours and Pay as Adults; Exceptions (a) Notwithstanding Sections 1391 and , any minor under 18 years of age who has been graduated from a high school maintaining a four-year course above the eighth grade of the elementary schools, or who has had an equal amount of education in a private school or by private tuition, or who has been awarded a certificate of proficiency pursuant to Section of the Education Code, may be employed for the same hours as an adult may be employed in performing the same work. (b) Notwithstanding the provisions of the orders of the Industrial Welfare Commission, no employer shall pay any minor described in this section in his employ at wage rates less than the rates paid to adult employees in the same establishment for the same quantity and quality of the same classification of work, provided, however, that nothing herein shall prohibit a variation of rates of pay for such minors and adult employees engaged in the same classification of work based upon a difference in seniority length of service, ability, skills, difference in duties or services performed, whether regularly or occasionally, difference in the shift or time of day worked, hours of work, or other reasonable differentiation, when exercised in good faith. LC 1392 Employment for More than Eight Hours in One Day; Misdemeanor Every person who has a minor under his or her control, as a ward or an apprentice, and who, except in household occupations, requires the minor to work more than eight hours in any one day, is guilty of a misdemeanor. LC 1393 Agricultural Packing Plants Employing Minors; Exemptions; Issuance; Revocation; Notice; Application; Posting (a) Notwithstanding any other provision of this article and Article 2 (commencing with Section 49110) of Chapter 7 of Part 27 of Division 4 of Title 2 of the Education Code, the Labor Commissioner may issue an exemption from laws regulating the employment of minors to employers operating agricultural packing plants that employ minors 16 and 17 years of age during any day during which school is not in session, for up to 10 hours per day during the peak harvest season. These exemptions shall only be granted if they do not materially affect the safety and welfare of minor employees and will prevent undue hardship on the employer. The Labor Commissioner may require an inspection of an agricultural packing plant prior to issuing an exemption 238

239 (b) Any exemption granted pursuant to subdivision (a) shall be in writing to be effective, and may be revoked after reasonable notice is given, in writing, by the Labor Commissioner. Any notice of revocation shall include the reason for the revocation. (c) An application for an exemption under subdivision (a) shall be made by an employer on a form provided by the Labor Commissioner, and a copy of the application shall be posted at the employer s place of employment at the time the application is filed with the division. LC 1394 Employment of Minors at Agricultural, Horticultural, Viticultural or Domestic Labor While Not In School Nothing in this article or Article 2 (commencing with Section 1285) of Chapter 2 shall prohibit or prevent either of the following: (a) The employment of any minor at agricultural, horticultural, viticultural, or domestic labor during the time the public schools are not in session, or during other than school hours, when the work performed is for or under the control of his parent or guardian and performed upon or in connection with premises owned, operated or controlled by the parent or guardian. However, nothing herein shall permit children under school age to work at these occupations, while the public schools are in session. (b) The full-time employment of minors who meet all other legal employment requirements, if they are exempt from compulsory school attendance under Section of the Education Code. LC 1398 Enforcement Agency The Division of Labor Standards Enforcement shall enforce the provisions of this article. LC 1399 Enforcement of Article Nothing in this article shall limit the authority of the Attorney General or the district attorney of any county, either upon their own complaint or the complaint of any person acting for himself or the general public, to prosecute actions, either civil or criminal, for violations of this article, or to enforce the provisions thereof independently and without specific direction of the director. LC Discrimination Against Apprentices Because of Race, Religions, Creed, etc. 239

240 An employer or a labor union shall not refuse to accept otherwise qualified employees as registered apprentices on any public works on any basis listed in subdivision (a) of Section of the Government Code, as those bases are defined in Sections and of the Government Code, except as provided in Section 3077 of this code and Section of the Government Code. LC 2650 Definitions As used in this part: (a) "To manufacture" means to make, process, prepare, alter, repair, or finish in whole or in part, or to assemble, inspect, wrap, or package any articles or materials. (b) "Employer" means any person who, directly or indirectly or through an employee, agent, independent contractor, or any other person, employs an industrial home worker. (c) "Home" means any room, house, apartment, or other premises, whichever is most extensive, used in whole or in part as a place of dwelling; and includes outbuildings upon premises that are primarily used as a place of dwelling, where such outbuildings are under the control of the person dwelling on such premises. (d) "Industrial homework" means any manufacture in a home of materials or articles for an employer when such articles or materials are not for the personal use of the employer or a member of his or her family. (e) "Division" means the Division of Labor Standards Enforcement. (f) "Industrial home worker" means any person who does industrial homework. (g) "To employ" means to engage, suffer or permit any person to do industrial homework, or to tolerate, suffer, or permit articles or materials under one's custody or control to be manufactured in a home by industrial homework. (h) "Person" means any individual, partnership and each partner thereof, corporation, limited liability company, or association. LC 2651 Prohibited Materials and Articles for Home Manufacture The manufacture by industrial homework of any of the following materials or articles shall be unlawful, and no license or permit issued under this part shall be deemed to authorize such manufacture: articles of food or drink; articles for use in connection with the serving of food or drink; articles of wearing apparel; toys and dolls; tobacco; drugs and poisons; bandages and other sanitary goods; explosives, fireworks, and articles of like character; articles, the manufacture of which by industrial homework is determined 240

241 by the division to be injurious to the health or welfare of the industrial home workers within the industry or to render unduly difficult the maintenance of existing labor standards or the enforcement of labor standards established by law or regulation for factory workers in the industry. LC 2652 Investigations The division shall have the power to make an investigation of any industry not specifically exempted and made unlawful by Section 2651 which employs industrial home workers, in order to determine whether the wages and conditions of employment of industrial home workers in the industry are injurious to their health and welfare or whether the wages and conditions of employment of the industrial home workers have the effect of rendering unduly difficult the maintenance of existing labor standards or the enforcement of labor standards established by law or regulation for factory workers in the industry. LC 2654 Order to Discontinue Industrial Homework Industry If, on the basis of information in its possession, with or without an investigation, the division shall find that industrial homework cannot be continued within an industry without injuring the health and welfare of the industrial home workers within that industry, or without rendering unduly difficult the maintenance of existing labor standards or the enforcement of labor standards established by law or regulation for factory workers in that industry, the division shall by order declare such industrial homework to be unlawful and require all employers in the industry to discontinue manufacture by industrial homework. The order shall set forth the type or types of manufacturing which are prohibited after its effective date, and shall contain such terms and conditions as the division may deem necessary to carry out the purpose and intent of this part. LC 2658 Employers License; Necessity; Application; Form; Duration; Renewal; Fees; Suspension and Revocation; Transferability No person shall employ an industrial home worker in any industry not prohibited by Section 2651 unless the person employing an industrial home worker has obtained a valid industrial homework license from the division. Application for a license to employ industrial home workers shall be made to the division in such form as the division may by regulation prescribe. A license fee of one hundred dollars ($100) for each industrial home worker employed shall be paid to the division and such license shall be valid for a period of one year from the date of issuance unless sooner revoked or suspended. Renewal fees shall be at the same rate and conditions as the original license. 241

242 The division may revoke or suspend the license upon a finding that the person has violated this part or has failed to comply with the regulations of the division or with any provision of the license. The industrial homework license shall not be transferable. All license fees received under this part shall be paid into the State Treasury. LC Unlicensed Persons; Failure to Prevent Taking Articles or Materials for Home Manufacture; Misdemeanor; Evidence Every person who, without having in his possession a then valid industrial homework license issued to him by the Division of Labor Standards Enforcement, negligently fails to prevent articles or materials under his custody or control from being taken to a home for manufacture by industrial homework is guilty of a misdemeanor. Possession, control or custody of articles or materials for the purpose of manufacture by industrial homework by a person other than the owner or operator of a factory shall be presumptive evidence that said owner or operator has negligently failed to prevent articles or materials under his custody or control from being taken to a home for manufacture by industrial homework, where it is established that such owner or operator is entitled to possession, control or custody of such articles. LC Unlicensed Person; Employment of Home Workers; Permitting Home Manufacture; Misdemeanor; Penalty Every person, which term shall be deemed to include manufacturers, contractors, jobbers and wholesalers, who, without having in his possession a then-valid industrial homework license issued to him by the Division of Labor Standards Enforcement, employs an industrial home worker, or who tolerates, suffers, or permits articles or materials owned by him, or under his custody or control to be taken to a home for manufacture by industrial homework or who accepts and pays a person for the manufacture in a home of articles and materials by industrial homework, or who places an advertisement for industrial homework the performance of which is not permitted under this part is guilty of a misdemeanor which misdemeanor shall be punished for the first offense by a fine of not more than one thousand dollars ($1,000) or by imprisonment in the county jail for not more than 30 days, or by both such fine and imprisonment, and for a second conviction by a fine of not more than five thousand dollars ($5,000) or imprisonment in the county jail for not more than six months, or by both such fine and imprisonment. A person, which term shall be deemed to include manufacturers, contractors, jobbers and wholesalers, convicted for a third time, and any subsequent times, shall be guilty of a misdemeanor, and shall be punished by a fine of not more than thirty thousand dollars ($30,000) or by imprisonment in the county jail for not more than one year, or by both such fine and imprisonment. Upon a third conviction, in addition to any penalties or fines imposed, the business license of the manufacturer or owner of the goods, garments or products produced by industrial homework which is not permitted by this part shall be suspended for a period not to exceed three years. The court may suspend all or a part of any penalty imposed by this section on condition that the defendant refrains from any future or other violation of this part. 242

243 LC 2659 Permitting Home Manufacture by Person Lacking License or Permit No person shall engage, suffer or permit any person to do industrial homework, or tolerate, suffer or permit articles or materials under his custody or control to be manufactured by industrial homework by a person who is not in possession of either a valid employer's license or home worker s permit issued in accordance with this part. LC 2660 Home Worker s Permit; Necessity; Fee; Duration; Application; Scope; Waiver of Fee No person shall do industrial homework within this state unless he has in his possession a valid home worker s permit issued to him by the division. The permit shall be issued for a fee of twenty-five dollars ($25), and shall be valid for industrial homework performed for the licensed employer of industrial home workers, named therein, for a period of one year from the date of its issuance unless sooner revoked or suspended. Application for a permit shall be made in such form as the division may by regulation prescribe. The permit shall be valid only for work performed by the applicant himself in his own home. The division may waive the fee for a home worker s permit in cases where the applicant requests such waiver, and can establish that payments of the fee would result in financial hardship. LC Duty of Home Worker to Furnish Information to Division Every person doing industrial homework, with or without a valid home worker s permit issued by the division, shall reveal to the division, on demand, the name and address of the employer, the name and address of the owner or source of the articles or materials for industrial homework, the rate of compensation and any other information known to the home worker and pertinent to the enforcement of this section. This information so revealed by the home worker to the division shall not be used by the division in any action against or prosecution of the home worker. LC Home Manufacture Without Permit; Misdemeanor; Penalty Every person who does industrial homework without having in his possession a valid home worker s permit issued to him by the division is guilty of a misdemeanor which misdemeanor shall be punishable for the first offense by a fine of not more than fifty dollars ($50) and for the second offense by a fine of not more than one hundred dollars ($100). The court may suspend such fine on condition the industrial home worker cooperates with the division in the lawful prosecutions of persons violating this part and 243

244 to secure compliance with this part, or on condition the defendant refrains from any future violation of this part. LC 2661 Qualifications for Permit No home worker s permit shall be issued to any person under the age of 16 years; or to any person suffering from an infectious, contagious, or communicable disease, or to any person living in a home that is not clean, sanitary, and free from infectious, contagious, or communicable disease. LC 2662 Revocation or Suspension of Permit; Grounds The division may revoke or suspend any home worker s permit upon a finding that the industrial home worker is performing industrial homework contrary to the conditions under which the permit was issued or in violation of this part or has permitted any person not holding a valid home worker s permit to assist him in performing industrial homework or on expiration or revocation of the industrial homework license of the employer. LC 2750 Definition The contract of employment is a contract by which one, who is called the employer, engages another, who is called the employee, to do something for the benefit of the employer or a third person. LC Contractors; Presumption of Employee Status; Proof of Independent Contractor Status There is a rebuttable presumption affecting the burden of proof that a worker performing services for which a license is required pursuant to Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code, or who is performing such services for a person who is required to obtain such a license is an employee rather than an independent contractor. Proof of independent contractor status includes satisfactory proof of these factors: (a) That the individual has the right to control and discretion as to the manner of performance of the contract for services in that the result of the work and not the means by which it is accomplished is the primary factor bargained for. (b) That the individual is customarily engaged in an independently established business. 244

245 (c) That the individual's independent contractor status is bona fide and not a subterfuge to avoid employee status. A bona fide independent contractor status is further evidenced by the presence of cumulative factors such as substantial investment other than personal services in the business, holding out to be in business for oneself, bargaining for a contract to complete a specific project for compensation by project rather than by time, control over the time and place the work is performed, supplying the tools or instrumentalities used in the work other than tools and instrumentalities normally and customarily provided by employees, hiring employees, performing work that is not ordinarily in the course of the principal's work, performing work that requires a particular skill, holding a license pursuant to the Business and Professions Code, the intent by the parties that the work relationship is of an independent contractor status, or that the relationship is not severable or terminable at will by the principal but gives rise to an action for breach of contract. In addition to the factors contained in subdivisions (a), (b), and (c), any person performing any function or activity for which a license is required pursuant to Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code shall hold a valid contractors' license as a condition of having independent contractor status. For purposes of workers' compensation law, this presumption is a supplement to the existing statutory definitions of employee and independent contractor, and is not intended to lessen the coverage of employees under Division 4 and Division 5. LC 2751 Commission Contracts; Required Provision; Formalities; Definitions Whenever any employer who has no permanent and fixed place of business in this State enters into a contract of employment with an employee for services to be rendered within this State and the contemplated method of payment of the employee involves commissions, the contract shall be in writing and shall set forth the method by which the commissions shall be computed and paid. The employer shall give a signed copy of each such contract to every employee who is a party thereto and shall obtain a signed receipt for the contract from each employee. As used in this section, "commissions" does not include short term productivity bonuses such as are paid to retail clerks; and it does not include bonus and profit-sharing plans, unless there has been an offer by the employer to pay a fixed percentage of sales or profits as compensation for work to be performed. LC 2752 Commission Contracts; Violations; Triple Damages Any employer who does not employ an employee pursuant to a written contract as required by Section 2751 shall be liable to the employee in a civil action for triple damages. LC

246 Indemnification for Employee s Expenses and Losses in Discharging Duties; Award Interest; Definition (a) An employer shall indemnify his or her employee for all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties, or of his or her obedience to the directions of the employer, even though unlawful, unless the employee, at the time of obeying the directions, believed them to be unlawful. (b) All awards made by a court or by the Division of Labor Standards Enforcement for reimbursement of necessary expenditures under this section shall carry interest at the same rate as judgments in civil actions. Interest shall accrue from the date on which the employee incurred the necessary expenditure or loss. (c) For purposes of this section, the term "necessary expenditures or losses" shall include all reasonable costs, including, but not limited to, attorney's fees incurred by the employee enforcing the rights granted by this section. LC 3077 Apprentice and Apprenticeship Agreement Defined; Term of Apprenticeship The term "apprentice" as used in this chapter, means a person at least 16 years of age who has entered into a written agreement, in this chapter called an "apprentice agreement," with an employer or program sponsor. The term of apprenticeship for each apprenticeable occupation shall be approved by the chief, and in no case shall provide for less than 2,000 hours of reasonably continuous employment for such person and for his or her participation in an approved program of training through employment and through education in related and supplemental subjects. LC Maximum Age for Apprentices A program sponsor administering an apprenticeship program under this chapter shall not provide a maximum age for apprentices. LC 3078 Apprenticeship Agreement; Required Provisions Every apprentice agreement entered into under this chapter shall directly, or by reference, contain: (a) The names of the contracting parties. (b) The date of birth of apprentice. (c) A statement of the trade, craft, or business which the apprentice is to be taught, and the time at which the apprenticeship will begin and end. 246

247 (d) A statement showing the number of hours to be spent by the apprentice in work and the learning objectives to be accomplished through related and supplemental instruction, except as otherwise provided under Section These exceptions shall be subject to the appeal procedures established in Sections 3081, 3082, 3083 and A minimum of 144 hours of related and supplemental instruction for each year of apprenticeship is recommended; however, related instruction may be expressed in terms of units or other objectives to be accomplished. In no case shall the combined weekly hours of work and required related and supplemental instruction of the apprentice exceed the maximum number of hours of work prescribed by laws for a person of the age of the apprentice. (e) A statement setting forth a schedule of the processes in the trade or industry divisions in which the apprentice is to be taught and the approximate time to be spent at each process. (f) A statement of the graduated scale of wages to be paid the apprentice and whether the required school time shall be compensated. (g) A statement providing for a period of probation of not more than 1,000 hours of employment and not more than 72 hours of related instruction, during which time the apprentice agreement may be terminated by the program sponsor at the request in writing of either party, and providing that after the probationary period the apprentice agreement may be terminated by the administrator by mutual agreement of all parties thereto, or canceled by the administrator for good and sufficient reason. (h) A provision that all controversies or differences concerning the apprentice agreement which cannot be adjusted locally, or which are not covered by collective bargaining agreement, shall be submitted to the administrator for determination as provided for in Section (i) A provision that an employer who is unable to fulfill his or her obligation under the apprentice agreement may, with approval of the administrator, transfer the contract to any other employer if the apprentice consents and the other employer agrees to assume the obligation of the apprentice agreement. (j) Such additional terms and conditions as may be prescribed or approved by the California Apprenticeship Council, not inconsistent with the provisions of this chapter. (k) A clause providing that there shall be no liability on the part of the other contracting party for an injury sustained by an apprentice engaged in schoolwork at a time when the employment of the apprentice has been temporarily or permanently terminated. LC 3079 Approval and Execution of Agreement; Agreement Binding During Majority of Apprentice 247

248 Every apprentice agreement under this chapter shall be approved by the local joint apprenticeship committee or the parties to a collective bargaining agreement or, subject to review by the council, by the administrator where there is no collective bargaining agreement or joint committee, a copy of which shall be filed with the California Apprenticeship Council. Every apprentice agreement shall be signed by the employer, or his or her agent, or by a program sponsor, as provided in Section 3080, and by the apprentice, and if the apprentice is a minor, by the minor s parent or guardian. Where a minor enters into an apprentice agreement under this chapter for a period of training extending into his or her majority, the apprentice agreement shall likewise be binding for such a period as may be covered during the apprentice's majority. LC 3200 Workmen s Compensation as Meaning Workers Compensation; Legislative Intent The Legislature hereby declares its intent that the term workmen s compensation shall hereafter also be known as workers compensation, and that the Workmen s Compensation Appeals Board shall hereafter be known as the Workers Compensation Appeals Board. In furtherance of this policy it is the desire of the Legislature that references to the terms workmen s compensation and Workmen s Compensation Appeals Board in this code or elsewhere be changed to workers compensation and Workers Compensation Appeals Board when such laws are being amended for any purpose. This act is declaratory and not amendatory of existing law. LC 3201 Legislative Declaration This division and Division 5 (commencing with Section 6300) are an expression of the police power and are intended to make effective and apply to a complete system of workers compensation the provisions of Section 4 of Article XIV of the California Constitution. LC 3351 Employee; Inclusions "Employee" means every person in the service of an employer under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed, and includes: (a) Aliens and minors. (b) All elected and appointed paid public officers. (c) All officers and members of boards of directors of quasi-public or private corporations while rendering actual service for the corporations for pay; provided that, where the officers and directors of the private corporation are the sole shareholders thereof, the corporation and the officers and directors shall come 248

249 under the compensation provisions of this division only by election as provided in subdivision (a) of Section (d) Except as provided in subdivision (h) of Section 3352, any person employed by the owner or occupant of a residential dwelling whose duties are incidental to the ownership, maintenance, or use of the dwelling, including the care and supervision of children, or whose duties are personal and not in the course of the trade, business, profession, or occupation of the owner or occupant. (e) All persons incarcerated in a state penal or correctional institution while engaged in assigned work or employment as defined in paragraph (1) of subdivision (a) of Section of Title 8 of the California Code of Regulations, or engaged in work performed under contract. (f) All working members of a partnership or limited liability company receiving wages irrespective of profits from the partnership or limited liability company; provided that where the working members of the partnership or limited liability company are general partners or managers, the partnership or limited liability company and the partners or managers shall come under the compensation provisions of this division only by election as provided in subdivision (a) of Section If a private corporation is a general partner or manager, "working members of a partnership or limited liability company" shall include the corporation and the officers and directors of the corporation, provided that the officers and directors are the sole shareholders of the corporation. If a limited liability company is a partner or member, "working members of the partnership or limited liability company" shall include the managers of the limited liability company. (g) For the purposes of subdivisions (c) and (f), the persons holding the power to revoke a trust as to shares of a private corporation or as to general partnership or limited liability company interests held in the trust, shall be deemed to be the shareholders of the private corporation, or the general partners of the partnership, or the managers of the limited liability company. LC Employee "Employee" includes: (a) Any person whose employment training is arranged by the State Department of Rehabilitation with any employer. Such person shall be deemed an employee of such employer for workers' compensation purposes; provided that, the department shall bear the full amount of any additional workers' compensation insurance premium expense incurred by the employer due to the provisions of this section. (b) Any person defined in subdivision (d) of Section 3351 who performs domestic service comprising in-home supportive services under Article 7 (commencing with Section 12300), Chapter 3, Part 3, Division 9 of the Welfare and Institutions 249

250 Code. For purposes of Section 3352, such person shall be deemed an employee of the recipient of such services for workers' compensation purposes if the state or county makes or provides for direct payment to such person or to the recipient of in-home supportive services for the purchase of services, subject to the provisions of Section of the Welfare and Institutions Code. (c) Any person while engaged by contract for the creation of a specially ordered or commissioned work of authorship in which the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire, as defined in Section 101 of Title 17 of the United States Code, and the ordering or commissioning party obtains ownership of all the rights comprised in the copyright in the work. LC 3352 Employees; Exclusion "Employee" excludes the following: (a) Any person defined in subdivision (d) of Section 3351 who is employed by his or her parent, spouse, or child. (b) Any person performing services in return for aid or sustenance only, received from any religious, charitable, or relief organization. (c) Any person holding an appointment as deputy clerk or deputy sheriff appointed for his or her own convenience, and who receives no compensation from the county or municipal corporation or from the citizens thereof for his or her services as the deputy. This exclusion is operative only as to employment by the county or municipal corporation and does not deprive any person so deputized from recourse against a private person employing him or her for injury occurring in the course of and arising out of the employment. (d) Any person performing voluntary services at or for a recreational camp, hut, or lodge operated by a nonprofit organization, exempt from federal income tax under Section 101(6) of the Internal Revenue Code, of which he or she or a member of his or her family is a member and who receives no compensation for those services other than meals, lodging, or transportation. (e) Any person performing voluntary service as a ski patrolman who receives no compensation for those services other than meals or lodging or the use of ski tow or ski lift facilities. (f) Any person employed by a ski lift operator to work at a snow ski area who is relieved of and not performing any prescribed duties, while participating in recreational activities on his or her own initiative. (g) Any person, other than a regular employee, participating in sports or athletics who receives no compensation for the participation other than the use of athletic 250

251 equipment, uniforms, transportation, travel, meals, lodgings, or other expenses incidental thereto. (h) Any person defined in subdivision (d) of Section 3351 who was employed by the employer to be held liable for less than 52 hours during the 90 calendar days immediately preceding the date of the injury for injuries, as defined in Section 5411, or during the 90 calendar days immediately preceding the date of the last employment in an occupation exposing the employee to the hazards of the disease or injury for injuries, as defined in Section 5412, or who earned less than one hundred dollars ($100) in wages from the employer during the 90 calendar days immediately preceding the date of the injury for injuries, as defined in Section 5411, or during the 90 calendar days immediately preceding the date of the last employment in an occupation exposing the employee to the hazards of the disease or injury for injuries, as defined in Section (i) Any person performing voluntary service for a public agency or a private, nonprofit organization who receives no remuneration for the services other than meals, transportation, lodging, or reimbursement for incidental expenses. (j) Any person, other than a regular employee, performing officiating services relating to amateur sporting events sponsored by any public agency or private, nonprofit organization, who receives no remuneration for these services other than a stipend for each day of service no greater than the amount established by the Department of Personnel Administration as a per diem expense for employees or officers of the state. The stipend shall be presumed to cover incidental expenses involved in officiating, including, but not limited to, meals, transportation, lodging, rule books and courses, uniforms, and appropriate equipment. (k) Any student participating as an athlete in amateur sporting events sponsored by any public agency, public or private nonprofit college, university or school, who receives no remuneration for the participation other than the use of athletic equipment, uniforms, transportation, travel, meals, lodgings, scholarships, grants-in-aid, or other expenses incidental thereto. (l) Any law enforcement officer who is regularly employed by a local or state law enforcement agency in an adjoining state and who is deputized to work under the supervision of a California peace officer pursuant to paragraph (4) of subdivision (a) of Section of the Penal Code. (m) Any law enforcement officer who is regularly employed by the Oregon State Police, the Nevada Department of Motor Vehicles and Public Safety, or the Arizona Department of Public Safety and who is acting as a peace officer in this state pursuant to subdivision (a) of Section of the Penal Code. (n) Any person, other than a regular employee, performing services as a sports official for an entity sponsoring an intercollegiate or interscholastic sports event, or any person performing services as a sports official for a public agency, public 251

252 entity, or a private nonprofit organization, which public agency, public entity, or private nonprofit organization sponsors an amateur sports event. For purposes of this subdivision, "sports official" includes an umpire, referee, judge, scorekeeper, timekeeper, or other person who is a neutral participant in a sports event. (o) Any person who is an owner-builder, as defined in subdivision (a) of Section of the Health and Safety Code, who is participating in a mutual self-help housing program, as defined in Section of the Health and Safety Code, sponsored by a nonprofit corporation. LC 3353 Independent Contractor "Independent contractor" means any person who renders service for a specified recompense for a specified result, under the control of his principal as to the result of his work only and not as to the means by which such result is accomplished. LC 3354 Employers of Household Employees; Exemption Employers of employees defined by subdivision (d) of Section 3351 shall not be subject to the provisions of Sections 3710, , , 3711, 3712, and 3722, or any other penalty provided by law, for failure to secure the payment of compensation for such employees. This section shall not apply to employers of employees specified in subdivision (b) of Section 3715, with respect to such employees. LC 3355 Course of Trade, Business, Profession, or Occupation As used in subdivision (d) of Section 3351, the term "course of trade, business, profession, or occupation" includes all services tending toward the preservation, maintenance, or operation of the business, business premises, or business property of the employer. LC 3356 Trade, Business, Profession, or Occupation As used in subdivision (d) of Section 3351 and in Section 3355, the term "trade, business, profession, or occupation" includes any undertaking actually engaged in by the employer with some degree of regularity, irrespective of the trade name, articles of incorporation, or principal business of the employer. LC 3357 Employee Presumption 252

253 Any person rendering service for another, other than as an independent contractor, or unless expressly excluded herein, is presumed to be an employee. LC Volunteer Workers of Recreation and Park Districts Notwithstanding Section 3351, a volunteer, unsalaried person authorized by the governing board of a recreation and park district to perform volunteer services for the district shall, upon the adoption of a resolution of the governing board of the district so declaring, be deemed an employee of the district for the purposes of this division and shall be entitled to the workers' compensation benefits provided by this division for any injury sustained by him or her while engaged in the performance of any service under the direction and control of the governing board of the recreation and park district. LC Persons Performing Voluntary Services for Public Agency (a) Notwithstanding Sections 3351, 3352, and 3357, a person who performs voluntary service without pay for a public agency, as designated and authorized by the governing body of the agency or its designee, shall, upon adoption of a resolution by the governing body of the agency so declaring, be deemed to be an employee of the agency for purposes of this division while performing such service. (b) For purposes of this section, "voluntary service without pay" shall include services performed by any person, who receives no remuneration other than meals, transportation, lodging, or reimbursement for incidental expenses. LC Persons Performing Voluntary Services for Private Nonprofit Organization (a) Notwithstanding Sections 3351, 3352, and 3357, a person who performs voluntary service without pay for a private, nonprofit organization, as designated and authorized by the board of directors of the organization, shall, when the board of directors of the organization, in its sole discretion, so declares in writing and prior to the injury, be deemed an employee of the organization for purposes of this division while performing such service. (b) For purposes of this section, "voluntary service without pay" shall include the performance of services by a parent, without remuneration in cash, when rendered to a cooperative parent participation nursery school if such service is required as a condition of participation in the organization. (c) For purposes of this section, "voluntary service without pay" shall include the performance of services by a person who receives no remuneration other than meals, transportation, lodging, or reimbursement for incidental expenses. 253

254 LC Person Performing Voluntary Services for School Districts Notwithstanding Section 3351 of the Labor Code, a volunteer, unsalaried person authorized by the governing board of a school district or the county superintendent of schools to perform volunteer services for the school district or the county superintendent shall, upon the adoption of a resolution of the governing board of the school district or the county board of education so declaring, be deemed an employee of the district or the county superintendent for the purposes of this division and shall be entitled to the workmen's compensation benefits provided by this division for any injury sustained by him while engaged in the performance of any service under the direction and control of the governing board of the school district or the county superintendent. LC 3368 Work Experience Education; Occupational Training Classes; Apprentices Notwithstanding any provision of this code or the Education Code to the contrary, the school district, county superintendent of schools, or any school administered by the State Department of Education under whose supervision work experience education, cooperative vocational education, or community classrooms, as defined by regulations adopted by the Superintendent of Public Instruction, or student apprenticeship programs registered by the Division of Apprenticeship Standards for registered student apprentices, are provided, shall be considered the employer under Division 4 (commencing with Section 3200) of persons receiving this training unless the persons during the training are being paid a cash wage or salary by a private employer. However, in the case of students being a cash wage or salary by a private employer in supervised work experience education or cooperative vocational education, or in the case of registered student apprentices, the school district, county superintendent of schools, or any school administered by the State Department of Education may elect to provide workers' compensation coverage, unless the person or firm under whom the persons are receiving work experience or occupational training elects to provide workers' compensation coverage. If the school district or other educational agency elects to provide workers' compensation coverage for students being paid a cash wage or salary by a private employer in supervised work experience education or cooperative vocational education, it may only be for a transitional period not to exceed three months. A registered student apprentice is a registered apprentice who is (1) at least 16 years of age, (2) a full-time high school student in the 10th, 11th, or 12th grade, and (3) in an apprenticeship program for registered student apprentices registered with the Division of Apprenticeship Standards. An apprentice, while attending related and supplemental instruction classes, shall be considered to be in the employ of the apprentice's employer and not subject to this section, unless the apprentice is unemployed. Whenever this work experience education, cooperative vocational education, community classroom education, or student apprenticeship program registered by the Division of Apprenticeship Standards for registered student apprentices, is under the supervision of a regional occupational center or program operated by two or more school districts pursuant to Section of the Education Code, the district of residence of the persons receiving the training shall be deemed the employer for the purposes of this section. 254

255 LC 3605 Payment of Compensation to Minor The compensation due an injured minor may be paid to him until his parent or guardian gives the employer or the latter's compensation insurance carrier written notice that he claims such compensation. Compensation paid to such injured minor prior to receipt of such written notice is in full release of the employer and insurance carrier for the amount so paid. The minor cannot disaffirm such payment upon appointment of a guardian or coming of age. LC 3700 Security for Payment of Compensation Every employer except the state shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in this state. (b) By securing from the Director of Industrial Relations a certificate of consent to self-insure either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees. (c) For any county, city, city and county, municipal corporation, public district, public agency, or any political subdivision of the state, including each member of a pooling arrangement under a joint exercise of powers agreement (but not the state itself), by securing from the Director of Industrial Relations a certificate of consent to self-insure against workers compensation claims, which certificate may be given upon furnishing proof satisfactory to the director of ability to administer workers compensation claims that may become due to its employees. On or before March 31, 1979, a political subdivision of the state which, on December 31, 1978, was uninsured for its liability to pay compensation, shall file a properly completed and executed application for a certificate of consent to selfinsure against workers compensation claims. The certificate shall be issued and be subject to the provisions of Section LC 3702 Certificate of Consent to Self-Insure; Revocation (a) A certificate of consent to self-insure may be revoked by the director at any time for good cause after a hearing. Good cause includes, among other things, the impairment of the solvency of the employer to the extent that there is a marked reduction of the employer's financial strength, failure to maintain a security deposit as required by Section 3701, failure to pay assessments of the Self- Insurers' Security Fund, frequent or flagrant violations of state safety and health 255

256 orders, the failure or inability of the employer to fulfill his or her obligations, or any of the following practices by the employer or his or her agent in charge of the administration of obligations under this division: (1) Habitually and as a matter of practice and custom inducing claimants for compensation to accept less than the compensation due or making it necessary for them to resort to proceedings against the employer to secure compensation due. (2) Where liability for temporary disability indemnity is not in dispute, intentionally failing to pay temporary disability indemnity without good cause in order to influence the amount of permanent disability benefits due. (3) Intentionally refusing to comply with known and legally indisputable compensation obligations. (4) Discharging or administering his or her compensation obligations in a dishonest manner. (5) Discharging or administering his or her compensation obligations in such a manner as to cause injury to the public or those dealing with the employer. (b) Where revocation is in part based upon the director's finding of a marked reduction of the employer's financial strength or the failure or inability of the employer to fulfill his or her obligations, or a practice of discharging obligations in a dishonest manner, it is a condition precedent to the employer's challenge or appeal of the revocation that the employer have in effect insurance against liability to pay compensation. (c) The director may hold a hearing to determine whether good cause exists to revoke an employer's certificate of consent to self-insure if the employer is cited for a willful, or repeat serious violation of the standard adopted pursuant to Section and the citation has become final. LC 6400 Safe and Healthful Employment and Place of Employment (a) Every employer shall furnish employment and a place of employment that is safe and healthful for the employees therein. (b) On multiemployer worksites, both construction and non-construction, citations may be issued only to the following categories of employers when the division has evidence that an employee was exposed to a hazard in violation of any requirement enforceable by the division: (1) The employer whose employees were exposed to the hazard (the exposing employer). 256

257 (2) The employer who actually created the hazard (the creating employer). (3) The employer who was responsible, by contract or through actual practice, for safety and health conditions on the worksite, which is the employer who had the authority for ensuring that the hazardous condition is corrected (the controlling employer). (4) The employer who had the responsibility for actually correcting the hazard (the correcting employer). The employers listed in paragraphs (2) to (4), inclusive, of this subdivision may be cited regardless of whether their own employees were exposed to the hazard. (c) It is the intent of the Legislature, in adding subdivision (b) to this section, to codify existing regulations with respect to the responsibility of employers at multiemployer worksites. Subdivision (b) of this section is declaratory of existing law and shall not be construed or interpreted as creating a new law or as modifying or changing an existing law. LC 6401 Duty to Furnish Safety Devices and Adopt Safe Practices and Procedures Every employer shall furnish and use safety devices and safeguards, and shall adopt and use practices, means, methods, operations, and processes which are reasonably adequate to render such employment and place of employment safe and healthful. Every employer shall do every other thing reasonably necessary to protect the life, safety, and health of employees. LC Salvage of Materials Prohibited; Demolition in Progress No salvage of materials shall be permitted while demolition is in progress on any building, structure, false work, or scaffold more than three stories high or the equivalent height for which a permit is required under subdivision (c) of Section For this purpose salvage does not include removal of material from premises solely for the purpose of clearing the area to facilitate the continuation of the demolition. LC Injury Prevention Programs (a) Every employer shall establish, implement, and maintain an effective injury prevention program. The program shall be written, except as provided in subdivision (e), and shall include, but not be limited to, the following elements: (1) Identification of the person or persons responsible for implementing the program. 257

258 (2) The employer's system for identifying and evaluating workplace hazards, including scheduled periodic inspections to identify unsafe conditions and work practices. (3) The employer's methods and procedures for correcting unsafe or unhealthy conditions and work practices in a timely manner. (4) An occupational health and safety training program designed to instruct employees in general safe and healthy work practices and to provide specific instruction with respect to hazards specific to each employee's job assignment. (5) The employer's system for communicating with employees on occupational health and safety matters, including provisions designed to encourage employees to inform the employer of hazards at the worksite without fear of reprisal. (6) The employer's system for ensuring that employees comply with safe and healthy work practices, which may include disciplinary action. (b) The employer shall correct unsafe and unhealthy conditions and work practices in a timely manner based on the severity of the hazard. (c) The employer shall train all employees when the training program is first established, all new employees, and all employees given a new job assignment, and shall train employees whenever new substances, processes, procedures, or equipment are introduced to the workplace and represent a new hazard, and whenever the employer receives notification of a new or previously unrecognized hazard. Beginning January 1, 1994, an employer in the construction industry who is required to be licensed under Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code may use employee training provided to the employer's employees under a construction industry occupational safety and health training program approved by the division to comply with the requirements of subdivision (a) relating to employee training, and shall only be required to provide training on hazards specific to an employee's job duties. (d) The employer shall keep appropriate records of steps taken to implement and maintain the program. Beginning January 1, 1994, an employer in the construction industry who is required to be licensed under Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code may use records relating to employee training provided to the employer in connection with an occupational safety and health training program approved by the division to comply with the requirements of this subdivision, and shall only be required to keep records of those steps taken to implement and maintain the program with respect to hazards specific to an employee's job duties. (e) (1) The standards board shall adopt a standard setting forth the employer's duties under this section, on or before January 1, 1991, consistent with the 258

259 requirements specified in subdivisions (a), (b), (c), and (d). The standards board, in adopting the standard, shall include substantial compliance criteria for use in evaluating an employer's injury prevention program. The board may adopt less stringent criteria for employers with few employees and for employers in industries with insignificant occupational safety or health hazards. (2) Notwithstanding subdivision (a), for employers with fewer than 20 employees who are in industries that are not on a designated list of high hazard industries and who have a workers' compensation experience modification rate of 1.1 or less, and for any employers with fewer than 20 employees who are in industries that are on a designated list of low hazard industries, the board shall adopt a standard setting forth the employer's duties under this section consistent with the requirements specified in subdivisions (a), (b), and (c), except that the standard shall only require written documentation to the extent of documenting the person or persons responsible for implementing the program pursuant to paragraph (1) of subdivision (a), keeping a record of periodic inspections pursuant to paragraph (2) of subdivision (a), and keeping a record of employee training pursuant to paragraph (4) of subdivision (a). To any extent beyond the specifications of this subdivision, the standard shall not require the employer to keep the records specified in subdivision (d). (3) The division shall establish a list of high hazard industries using the methods prescribed in Section for identifying and targeting employers in high hazard industries. For purposes of this subdivision, the "designated list of high hazard industries" shall be the list established pursuant to this paragraph. For the purpose of implementing this subdivision, the Department of Industrial Relations shall periodically review, and as necessary revise, the list. (4) For the purpose of implementing this subdivision, the Department of Industrial Relations shall also establish a list of low hazard industries, and shall periodically review, and as necessary revise, that list. (f) The standard adopted pursuant to subdivision (e) shall specifically permit employer and employee occupational safety and health committees to be included in the employer's injury prevention program. The board shall establish criteria for use in evaluating employer and employee occupational safety and health committees. The criteria shall include minimum duties, including the following: (1) Review of the employer's: (a) periodic, scheduled worksite inspections; (b) investigation of causes of incidents resulting in injury, illness, or exposure to hazardous substances; and (c) investigation of any alleged hazardous condition brought to the attention of any committee member. When determined necessary by the committee, the committee may conduct its own inspections and investigations. 259

260 (2) Upon request from the division, verification of abatement action taken by the employer as specified in division citations. If an employer's occupational safety and health committee meets the criteria established by the board, it shall be presumed to be in substantial compliance with paragraph (5) of subdivision (a). (g) The division shall adopt regulations specifying the procedures for selecting employee representatives for employer-employee occupational health and safety committees when these procedures are not specified in an applicable collective bargaining agreement. No employee or employee organization shall be held liable for any act or omission in connection with a health and safety committee. (h) The employer's injury prevention program, as required by this section, shall cover all of the employer's employees and all other workers who the employer controls or directs and directly supervises on the job to the extent these workers are exposed to worksite and job assignment specific hazards. Nothing in this subdivision shall affect the obligations of a contractor or other employer which controls or directs and directly supervises its own employees on the job. (i) Where a contractor supplies its employee to a state agency employer on a temporary basis, the state agency employer may assess a fee upon the contractor to reimburse the state agency for the additional costs, if any, of including the contract employee within the state agency's injury prevention program. (j) (1) The division shall prepare a Model Injury and Illness Prevention Program for Non-High-Hazard Employment, and shall make copies of the model program prepared pursuant to this subdivision available to employers, upon request, for posting in the workplace. An employer who adopts and implements the model program prepared by the division pursuant to this paragraph in good faith shall not be assessed a civil penalty for the first citation for a violation of this section issued after the employer's adoption and implementation of the model program. (2) For purposes of this subdivision, the division shall establish a list of nonhigh-hazard industries in California, that may include the industries that, pursuant to Section of Title 8 of the California Code of Regulations, are not currently required to keep records of occupational injuries and illnesses under Article 2 (commencing with Section 14301) of Subchapter 1 of Chapter 7 of Division 1 of Title 8 of the California Code of Regulations. These industries, identified by their Standard Industrial Classification Codes, as published by the United States Office of Management and Budget in the Manual of Standard Industrial classification Codes, 1987 Edition, are apparel and accessory stores (Code 56), eating and drinking places (Code 58), miscellaneous retail (Code 59), finance, insurance, and real estate (Codes 60-67), personal services (Code 72), business services (Code 73), motion pictures (Code 78) except motion picture production and allied services (Code 781), legal 260

261 services (Code 81), educational services (Code 82), social services (Code 83), museums, art galleries, and botanical and zoological gardens (Code 84), membership organizations (Code 86), engineering, accounting, research, management, and related services (Code 87), private households (Code 88), and miscellaneous services (Code 89). To further identify industries that may be included on the list, the division shall also consider data from a rating organization as defined in Section of the Insurance Code, the Division of Labor Statistics and Research, including the logs of occupational injuries and illnesses maintained by employers on Form CAL/OSHA No. 200, or its equivalent, as required by Section of Title 8 of the California Code of Regulations, and all other appropriate information. The list shall be established by June 30, 1994, and shall be reviewed, and as necessary revised, biennially. (3) The division shall prepare a Model Injury and Illness Prevention Program for Employers in Industries with Intermittent Employment, and shall determine which industries have historically utilized seasonal or intermittent employees. An employer in an industry determined by the division to have historically utilized seasonal or intermittent employees shall be deemed to have complied with the requirements of subdivision (a) with respect to a written injury prevention program if the employer adopts the model program prepared by the division pursuant to this paragraph and complies with any instructions relating thereto. (k) With respect to any county, city, city and county, or district, or any public or quasi-public corporation or public agency therein, including any public entity, other than a state agency, that is a member of, or created by, a joint powers agreement, the provisions of subdivision (d) shall not apply. (1) Every workers' compensation insurer shall conduct a review, including a written report as specified below, of the injury and illness prevention program (IIPP) of each of its insured s with an experience modification of 2.0 or greater within six months of the commencement of the initial insurance policy term. The review shall determine whether the insured has implemented all of the required components of the IIPP, and evaluate their effectiveness. The training component of the IIPP shall be evaluated to determine whether training is provided to line employees, supervisors, and upper level management, and effectively imparts the information and skills each of these groups needs to ensure that all of the insured's specific health and safety issues are fully addressed by the insured. The reviewer shall prepare a detailed written report specifying the findings of the review and all recommended changes deemed necessary to make the IIPP effective. The reviewer shall be or work under the direction of a licensed California professional engineer, certified safety professional, or a certified industrial hygienist. LC 6402 Preventing Entry Into Unsafe or Unhealthy Place 261

262 No employer shall require, or permit any employee to go or be in any employment or place of employment which is not safe and healthful. LC 6403 Failure to Furnish Safety Devices or Adopt Safe Practices and Procedures No employer shall fail or neglect to do any of the following: (a) To provide and use safety devices and safeguards reasonably adequate to render the employment and place of employment safe. (b) To adopt and use methods and processes reasonably adequate to render the employment and place of employment safe. (c) To do every other thing reasonably necessary to protect the life, safety, and health of employees. LC 6404 Occupancy or Maintenance of Unsafe or Unhealthful Place of Employment No employer shall occupy or maintain any place of employment that is not safe and healthful. LC 6405 Construction of Unsafe or Unhealthful Place of Employment No employer, owner, or lessee of any real property shall construct or cause to be constructed any place of employment that is not safe and healthful. LC 6406 Unlawful Acts No person shall do any of the following: (a) Remove, displace, damage, destroy or carry off any safety device, safeguard, notice, or warning, furnished for use in any employment or place of employment. (b) Interfere in any way with the use thereof by any other person. (c) Interfere with the use of any method or process adopted for the protection of any employee, including himself, in such employment, or place of employment. (d) Fail or neglect to do every other thing reasonably necessary to protect the life, safety, and health of employees. LC 6407 Compliance With Standards, Regulations, etc. 262

263 Every employer and every employee shall comply with occupational safety and health standards, with Section of the Health and Safety Code, and with all rules, regulations, and orders pursuant to this division which are applicable to his own actions and conduct. LC 6408 Information for Employees All employers shall provide information to employees in the following ways, as prescribed by authorized regulations: (a) Posting of information regarding protections and obligations of employees under occupational safety and health laws. (b) Posting prominently each citation issued under Section 6317, or a copy or copies thereof, at or near each place a violation referred to in the notice of violation occurred. (c) The opportunity for employees or their representatives to observe monitoring or measuring of employee exposure to hazards conducted pursuant to standards promulgated under Section (d) Allow access by employees or their representatives to accurate records of employee exposures to potentially toxic materials or harmful physical agents. (e) Notification of any employee who has been or is being exposed to toxic materials or harmful physical agents in concentrations or at levels exceeding those prescribed by an applicable standard, order, or special order, and informing any employee so exposed of corrective action being taken. LC 6409 Reports of Occupational Injury or Occupational Illness by Physicians; Employee s Report; Pesticide Poisoning; Filing; Occupational Illness Defined (a) Every physician as defined in Section who attends any injured employee shall file a complete report of every occupational injury or occupational illness to the employee with the employer, or if insured, with the employer's insurer, on forms prescribed for that purpose by the Division of Labor Statistics and Research. A portion of the form shall be completed by the injured employee, if he or she is able to do so, describing how the injury or illness occurred. The form shall be filed within five days of the initial examination. Inability or failure of an injured employee to complete his or her portion of the form shall not affect the employee's rights under this code, and shall not excuse any delay in filing the 263

264 form. The employer or insurer, as the case may be, shall file the physician's report with the Department of Industrial Relations, through its Division of Labor Statistics and Research, within five days of receipt. Each report of occupational injury or occupational illness shall indicate the social security number of the injured employee. If the treatment is for pesticide poisoning or a condition suspected to be pesticide poisoning, the physician shall also file a complete report, which need not include the affidavit required pursuant to this section, with the Division of Labor Statistics and Research, and within 24 hours of the initial examination shall file a complete report with the local health officer by facsimile transmission or other means. If the treatment is for pesticide poisoning or a condition suspected to be pesticide poisoning, the physician shall not be compensated for the initial diagnosis and treatment unless the report is filed with the employer, or if insured, with the employer's insurer, and includes or is accompanied by a signed affidavit which certifies that a copy of the report was filed with the local health officer pursuant to the requirements of this section. (b) As used in this section, "occupational illness" means any abnormal condition or disorder caused by exposure to environmental factors associated with employment, including acute and chronic illnesses or diseases which may be caused by inhalation, absorption, ingestion, or direct contact. LC Occupational Injury or Illness Reports (a) Every employer shall file a complete report of every occupational injury or occupational illness, as defined in subdivision (b) of Section 6409, to each employee which results in lost time beyond the date of the injury or illness, or which requires medical treatment beyond first aid. An insured employer shall file the report with the insurer on a form prescribed by the Administrative Director of the Division of Workers' Compensation for that purpose within five days after the employer obtains knowledge of the injury or illness that has, or is alleged to have, arisen out of and in the course of employment. A self-insured employer, the state, or the insurer of an insured employer shall file the report in the electronic form prescribed for that purpose by the administrative director pursuant to Section within the time prescribed by the administrative director. The administrative director shall ensure that the report required by this subdivision contains necessary information to continue to be acceptable as substitute documentation or purposes of recordkeeping required under the federal Occupational Safety and Health Act of 1970 (29 U.S.C. Sec. 651 et seq.). Each report of occupational injury or occupational illness shall indicate the social security number of the injured employee. In the event an employer has filed a report of injury or illness pursuant to this subdivision and the employee subsequently dies as a result of the reported injury or illness, the employer shall file an amended report indicating the death with the Department of Industrial Relations, through its Division of Workers' Compensation or, if an insured employer, with the insurer, within five days after the employer is notified or learns of the death. A copy of any amended reports received by the insurer shall be filed 264

265 with the Division of Workers' Compensation in electronic form as prescribed by the administrative director. (b) In every case involving a serious injury or illness, or death, in addition to the report required by subdivision (a), a report shall be made immediately by the employer to the Division of Occupational Safety and Health by telephone or telegraph. An employer who violates this subdivision may be assessed a civil penalty of not less than five thousand dollars ($5,000). Nothing in this subdivision shall be construed to increase the maximum civil penalty, pursuant to Sections 6427 to 6430, inclusive, that may be imposed for a violation of this section. LC Fire or Police Agency at Accident Involving Employee; Notice by Telephone to Division of Occupational Safety and Health Whenever a state, county, or local fire or police agency is called to an accident involving an employee covered by this part in which a serious injury or illness, or death occurs, the nearest office of the Division of Occupational Safety and Health shall be notified by telephone immediately by the responding agency. LC Treatment for Pesticide Poisoning To Not Be Deemed First Aid Treatment In no case shall the treatment administered for pesticide poisoning or a condition suspected as pesticide poisoning be deemed to be first aid treatment. 265

266 Penal Code (PC) PC 273e Places of Questionable Repute; Minors Not To Deliver Messages, etc., or Enter Every telephone, special delivery company or association, and every other corporation or person engaged in the delivery of packages, letters, notes, messages, or other matter, and every manager, superintendent, or other agent of such person, corporation, or association, who sends any minor in the employ or under the control of such person, corporation, association, or agent, to the keeper of any house of prostitution, variety theater, or other place of questionable repute, or to any person connected with, or any inmate of, such house, theater, or other place, or who permits such minor to enter such house, theater, or other place, is guilty of a misdemeanor. PC 273f Sending Minors to Immoral Places Any person, whether as parent, guardian, employer, or otherwise, and any firm or corporation, who as employer or otherwise, shall send, direct, or cause to be sent or directed to any saloon, gambling house, house of prostitution, or other immoral place, any minor, is guilty of a misdemeanor. 266

267 Vehicle Code (VC) VC 353 Hazardous Material "Hazardous material" is any substance, material, or device posing an unreasonable risk to health, safety, or property during transportation, as defined by regulations adopted pursuant to Section "Hazardous material" includes explosives and hazardous wastes or substances as defined by regulations adopted pursuant to Section of the Health and Safety Code and medical wastes, as defined in Section of the Health and Safety Code. VC Driving for Hire; Age Limit (a) No person under the age of 18 years shall be employed for compensation by another for the purpose of driving a motor vehicle on the highways. (b) No person under the age of 21 years shall be employed for compensation by another to drive, and no person under the age of 21 years may drive a motor vehicle, as defined in Section or subdivision (b) of Section 15210, that is engaged in interstate commerce, or any motor vehicle that is engaged in the interstate or intrastate transportation of hazardous material, as defined in Section 353. VC Definitions Applicable to Chapter Notwithstanding any other provision of this code, as used in this chapter, the following terms have the following meanings: (a) "Commercial driver's license" means a driver's license issued by a state or other jurisdiction, in accordance with the standards contained in Part 383 of Title 49 of the Code of Federal Regulations, which authorizes the license holder to operate a class or type of commercial motor vehicle. (b) (1) "Commercial motor vehicle" means any vehicle or combination of vehicles that requires a class A or class B license, or a class C license with an endorsement issued pursuant to paragraph (5) of subdivision (a) of Section (2) "Commercial motor vehicle" does not include any of the following: (i) A recreational vehicle, as defined in Section of the Health and Safety Code. (ii) Military equipment operated for military purposes by civilian and non-civilian personnel, that is owned or operated by the United 267

268 States Department of Defense or United States Department of Homeland Security, including the National Guard, as provided in Parts 383 and 391 of Title 49 of the Code of Federal Regulations. (iii) An implement of husbandry operated by a person who is not required to obtain a driver's license under this code. (iv) Vehicles operated by persons exempted pursuant to Section of the Health and Safety Code or a vehicle operated in an emergency situation at the direction of a peace officer pursuant to Section (c) "Controlled substance" has the same meaning as defined by the federal Controlled Substances Act (21 U.S.C. Sec. 802). (d) "Conviction" means an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court costs, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated. (e) "Disqualification" means a prohibition against driving a commercial motor vehicle. (f) "Driving a commercial vehicle under the influence" means committing any one or more of the following unlawful acts in a commercial motor vehicle: (1) Driving a commercial motor vehicle while the operator's blood-alcohol concentration level is 0.04 percent or more, by weight in violation of subdivision (d) of Section (2) Driving under the influence of alcohol, as prescribed in subdivision (a) or (b) of Section (3) Refusal to undergo testing as required under this code in the enforcement of Subpart D of Part 383 or Subpart A of Part 392 of Title 49 of the Code of Federal Regulations. (g) "Employer" means any person, including the United States, a state, or political subdivision of a state, who owns or leases a commercial motor vehicle or assigns drivers to operate that vehicle. A person who employs himself or herself as a commercial vehicle driver is considered to be both an employer and a driver for purposes of this chapter. (h) "Fatality" means the death of a person as a result of a motor vehicle accident. 268

269 (i) "Felony" means an offense under state or federal law that is punishable by death or imprisonment for a term exceeding one year. (j) "Gross combination weight rating" means the value specified by the manufacturer as the maximum loaded weight of a combination or articulated vehicle. In the absence of a value specified by the manufacturer, gross vehicle weight rating will be determined by adding the gross vehicle weight rating of the power unit and the total weight of the towed units and any load thereon. (k) "Gross vehicle weight rating" means the value specified by the manufacturer as the maximum loaded weight of a single vehicle, as defined in Section 390. (l) "Imminent hazard" means the existence of a condition that presents a substantial likelihood that death, serious illness, severe personal injury, or substantial endangerment to health, property, or the environment may occur before the reasonable foreseeable completion date of a formal proceeding begun to lesson the risk of death, illness, injury, or endangerment. (m) "Noncommercial motor vehicle" means a motor vehicle or combination of motor vehicles that is not included within the definition in subdivision (b). (n) "Nonresident commercial driver's license" means a commercial driver's license issued to an individual by a state under one of the following provisions: (1) The individual is domiciled in a foreign country. (2) The individual is domiciled in another state. (o) "School bus" is a commercial motor vehicle, as defined in Section 545. (p) "Serious traffic violation" includes any of the following: (1) Excessive speeding, as defined pursuant to the federal Commercial Motor Vehicle Safety Act (P.L ) involving any single offense for any speed of 15 miles an hour or more above the posted speed limit. (2) Reckless driving, as defined pursuant to the federal Commercial Motor Vehicle Safety Act (P.L ), and driving in the manner described under Section , , or , including, but not limited to, the offense of driving a commercial motor vehicle in willful or wanton disregard for the safety of persons or property. (3) A violation of a state or local law involving the safe operation of a motor vehicle, arising in connection with a fatal traffic accident. (4) A similar violation of a state or local law involving the safe operation of a motor vehicle, as defined pursuant to the Commercial Motor Vehicle Safety Act (Title XII of P.L ). 269

270 (5) Driving a commercial motor vehicle without a commercial driver's license. (6) Driving a commercial motor vehicle without the driver having in his or her possession a commercial driver's license, unless the driver provides proof at the subsequent court appearance that he or she held a valid commercial driver's license on the date of the violation. (7) Driving a commercial motor vehicle when the driver has not met the minimum testing standards for that vehicle as to the class or type of cargo the vehicle is carrying. In the absence of a federal definition, existing definitions under this code shall apply. (q) "State" means a state of the United States or the District of Columbia. (r) "Tank vehicle" means a commercial motor vehicle that is designed to transport any liquid or gaseous material within a tank that is permanently or temporarily attached to the vehicle or the chassis, including, but not limited to, cargo tanks and portable tanks, as defined in Part 171 of Title 49 of the Code of Federal Regulations. This definition does not include portable tanks having a rated capacity under 1,000 gallons. VC Minor s Negligence Imputed to Employer (a) If the person who is required by the provisions of this code to sign and verify the application of a minor gives his written consent, the department may accept an application signed and verified by the minor and his employer, but in such case the department shall issue to the minor only a driver s license restricted to the operation of vehicles by the minor within the scope of his employment by the employer, unless the employer in writing authorizes the issuance of an unrestricted driver s license. (b) The person giving his consent to, but not signing or verifying, the application as provided in this section shall not be subject to the civil liability specified in sections and merely by reason of having given such consent. VC Minor s Negligence; Exceptions Any civil liability of a minor arising out of his driving a motor vehicle upon a highway during his minority is hereby imposed upon the person who signed and verified the application of the minor for a license and the person shall be jointly and severally liable with the minor for any damages proximately resulting from the negligent or wrongful act or omission of the minor in driving a motor vehicle, except that an employer signing the application shall be subject to the provisions of this section only if an un-restricted driver s license has been issued to the minor pursuant to the employer s written authorization. 270

271 No liability may be imposed under this section or under Section on the state or county, or on a probation officer or child protective services worker acting as an officer of the court for damages caused solely by the negligence or willful misconduct of a minor driver whose application for a driver s license was signed by the child protective services worker or probation officer while the minor was a dependent or ward of the court. VC Liability of Parent or Guardian Any civil liability of a minor, whether licensed or not under this code, arising out of his driving a motor vehicle upon a highway with the express or implied permission of the parents or the person or guardian having custody of the minor is hereby imposed upon the parents, person, or guardian and the parents, person, or guardian shall be jointly and severally liable with the minor for any damages proximately resulting from the negligent or wrongful act or omission of the minor in driving a motor vehicle. VC Vehicles to Which Applicable The department shall regulate the safe operation of the following vehicles: (a) Motor trucks of three or more axles that are more than 10,000 pounds gross vehicle weight rating. (b) Truck tractors. (c) Buses, school buses, school pupil activity buses, youth buses, and general public paratransit vehicles. (d) Trailers and semitrailers designed or used for the transportation of more than 10 persons, and the towing motor vehicle. (e) Trailers and semitrailers, pole or pipe dollies, auxiliary dollies, and logging dollies used in combination with vehicles listed in subdivision (a), (b), (c), or (d). This subdivision does not include camp trailers, trailer coaches, and utility trailers. (f) Any combination of a motor truck and any vehicle or vehicles set forth in subdivision (e) that exceeds 40 feet in length when coupled together. (g) Any truck, or any combination of a truck and any other vehicle, transporting hazardous materials. (h) Manufactured homes which, when moved upon the highway, are required to be moved under a permit as specified in Section or

272 (i) A park trailer, as described in Section of the Health and Safety Code, which, when moved upon a highway, is required to be moved under a permit pursuant to Section (j) Any other motor truck not specified in subdivisions (a) to (h), inclusive, or subdivision (k), that is regulated by the Public Utilities Commission or the Interstate Commerce Commission, but only for matters relating to hours of service and logbooks of drivers. (k) Any commercial motor vehicle with a gross vehicle weight rating of 26,001 or more pounds or any commercial motor vehicle of any gross vehicle weight rating towing any vehicle described in subdivision (e) with a gross vehicle weight rating of more than 10,000 pounds, except combinations including camp trailers, trailer coaches, or utility trailers. For purposes of the subdivision, the term "commercial motor vehicle" has the meaning defined in subdivision (b) of Section

273 APPENDIXES 273

274 APPENDIX A CODE-SUBJECT INDEX A Academic progress EC Access to places of labor LC 90 Adult; defined FC 6501 Agricultural work Alcoholic beverages Apprenticeship employment while not in school LC 1394 enforcement LC 1398 minor children on property EC packing plants; exemptions, issuance, etc. LC 1393 violations LC 1399 zone of danger violations 8 CCR employment; persons under 21 B&PC on-sale premises; musicians B&PC public premises; persons under 21 B&PC service by 18 to 21 year olds B&PC agreement approval LC 3079 provisions LC 3078 courses of training LC 1295 definition 8 CCR CCR 252 EC LC 3077 discrimination LC exemption 29 CFR maximum age LC overtime 8 CCR 209 policy; declaration 8 CCR 251 program standards; content 8 CCR 212 training programs EC EC EC wages and other benefits compensation 8 CCR 208 workers compensation 274

275 insurance EC LC 3368 working conditions 8 CCR 210 workplace skills; training EC Attendance absence; excused EC changing districts/moving EC EC compliance EC compulsory EC EC exemption EC EC leave of absence pupil of 15 EC pupils between 16 and 18 years EC mandatory EC minimum schoolday 180-minute EC minutes EC minimum school week EC opportunity school EC private schools EC residency requirements operative until July 2003 EC operative July 2003 EC severance of attendance EC vocational education program EC weekly minimum; 16 to 18 years EC Authority to enter employment LC 1302 Average daily attendance computing EC excused absence EC proportional EC B Blanket work permits (see Entertainment industry) C Cancellation of permit to work LC 1300 EC Certificate of proficiency Certificates examination fee EC work hours LC age 29 CFR

276 EC forms EC inspection EC Charter schools Child Labor action against; financial EC citation EC compliance with petition; exemptions EC definitions 5 CCR graduation requirements 5 CCR legislative findings EC intent EC limitation on number EC mismanagement; financial or other EC pupil-teacher ratio 5 CCR age limits Charts LC 1290 LC 1292 LC 1293 LC LC 1294 LC LC agriculture LC EC amateur LC 1310 citations LC 1293 enforcement LC 1288 for parent EC hazardous occupations (see Occupations; prohibited) hours of employment LC 1391 school attendance Charts spread of hours LC 1391 spread of wages LC supervisor of attendance EC LC 1302 theatrical (see Entertainment industry) violations EC work permits EC

277 Citations classification; civil penalties LC 1288 contents; service LC 1287 definition LC 1286 legislative intent LC 1285 Civil liability; motor vehicle VC Citation system Claims Collection of wages employment of minors LC 1285 assignment LC 96 discrimination against employee LC 98.6 action by labor commissioner LC 98.3 Collective bargaining; agreements LC 514 Complaint continuances 8 CCR costs and attorney s fees LC 98.2 discrimination against employee LC 98.6 complaint and investigation LC 98.7 employee; investigation and hearing LC 98 evidence 8 CCR filing 8 CCR form 8 CCR CCR CCR hearings 8 CCR labor commissioner authority 8 CCR representation LC 98.4 order, decision or award LC 98.1 right to counsel 8 CCR Compulsory full-time attendance EC Community classrooms academic credit 5 CCR average daily attendance EC classroom instruction 5 CCR

278 definition 5 CCR on-the-job experiences; unpaid 5 CCR records 5 CCR scope 5 CCR student qualifications 5 CCR student-teacher ratio 5 CCR supervision of students 5 CCR teacher responsibilities 5 CCR training agreements and plans, joint venture 5 CCR training stations; selection and approval 5 CCR workers compensation insurance LC 3368 Community service Continuation education on school grounds; nonschool hours EC academic progress EC administration of 5 CCR attendance; weekly minimum EC classes; establishment and maintenance EC community service EC compulsory EC coordination programs 5 CCR enrollment EC exempt from attendance EC EC failure to provide EC guidance, placement and follow-up 5 CCR EC full-time EC instruction; individual needs 5 CCR legislative intent EC minimum day EC exemption EC not regularly employed EC part-time EC private school attendance; exemption EC transfer of pupils; involuntary EC truancy EC weekly hours of instruction EC work experience EC

279 Contract; definition LC 2750 Contractors finding of labor code violations LC 98.9 Cooperative vocational education academic credit 5 CCR advisory committee 5 CCR average daily attendance EC classroom instruction 5 CCR definition 5 CCR minors 16 to 18 years LC on-the-job experiences, paid 5 CCR records 5 CCR student qualifications 5 CCR student-teacher ratio 5 CCR supervision of students 5 CCR teacher responsibilities 5 CCR training agreements and plans 5 CCR training stations; selection and approval 5 CCR workers compensation insurance LC 3368 Counseling EC Courses of training, exceptions apprenticeships LC 1295 required minimum EC vocational training LC 1295 work experience education LC 1295 D Dangerous occupations (see Occupations; prohibited) Day s rest applicability cities and counties LC 555 number of work hours LC 556 defined LC 550 exemptions LC 554 maximum consecutive days LC 552 one day in seven LC 551 violation LC 553 LC 558 Day s work 279

280 alternative schedule LC 511 definition LC 510 overtime (see Overtime) Department; defined LC 19 Division; definitions 8 CCR Door-to-door selling Driving Driving for hire E Emancipation applicability of subchapter 8 CCR definition 8 CCR CCR grounds to revoke registration LC inspections 8 CCR minors under 6 or 16 LC registration, adult responsible LC registration, employer application 8 CCR change of address, name, etc. 8 CCR filing schedule 8 CCR LC renewal dates 8 CCR suspension and revocation 8 CCR hearings 8 CCR transfer 8 CCR void; when 8 CCR liability of parent or guardian VC minor s negligence VC minor s negligence; exceptions VC vehicles to which applicable VC age limit VC definitions VC citation FC 7000 considered an adult FC 7050 declaration; issuance FC 7122 definition FC 7002 petition FC 7120 purpose and intent FC 7001 Employee 280

281 definitions LC 3356 LC 3357 exclusions LC 3352 inclusions; definitions LC 3351 LC rights to inspect records LC EC expenses LC 2802 Employer Employment of minors Entertainment industry action against EC duties LC 1174 maintaining records LC owner of property LC 1301 violations EC LC 1175 authority to enter place of LC 1302 custody of LC 1307 enforcement agency LC 1311 LC 1398 authority LC 1312 exceptions to hazard prohibitions LC 1310 exceptions to prohibitions LC 1310 fines, disposition of LC 1305 manufacturing (see Occupations) minors under CFR CFR a LC 1290 prohibited occupations (see Occupations; prohibited) safe and healthful place LC 6400 safety devices and safe practices LC 6401 violations citations LC 1287 evidence of LC 1304 fines LC 1305 legislative intent LC 1285 penalties LC 1288 LC 1303 LC 1308 LC 1309 work hours for minors LC 1392 appearance in LC 1310 blanket work permits 8 CCR

282 care of children 8 CCR consent of commissioner LC LC defined 8 CCR LC 1390 employment of minors 8 CCR LC prohibited occupations LC 1309 enforcement agency LC 1311 article LC 1312 exceptions appearance in entertainment LC 1310 filing schedule 8 CCR hours of employment violation LC meal period; minors 8 CCR minors under 16 LC parent guardian presence; under 16 years 8 CCR CCR part time classes EC regulations and definitions; cope 8 CCR sanctions 8 CCR sexual conduct LC studio teacher authority 8 CCR definition and certification 8 CCR remuneration 8 CCR supervision of minor 8 CCR use of 8 CCR travel time 8 CCR tutoring EC violation of Labor Code 8 CCR hours of employment LC penalties LC work in another state 8 CCR working hours; minors 8 CCR entertainment industry LC work permit appeal rights 8 CCR denial, suspension or revocation 8 CCR issuance for minor 8 CCR CCR work time general 8 CCR infants 8 CCR

283 Expiration of work permits EC Expulsion (see Attendance) circumstances EC county plans; educational services EC community day school; referral EC educational programs EC enrollment in another school EC during and after expulsion EC F Failure to produce work permits LC 1304 G Garment industry definitions 8 CCR prohibitions 8 CCR Governing boards (see School district/governing board) Graduates, adult pay LC Gratuity definitions LC 350 disposition LC 351 legislative declaration LC 356 records LC 353 violation enforcement LC 355 penalty LC 354 H Handicapping conditions LC 1191 Hazardous material; definition VC 353 High school graduates EC Home workers definition 8 CCR LC 2650 discontinue; order LC 2654 employers license LC 2658 employment; conditions 8 CCR information 8 CCR inspections 8 CCR invalid section; effect of 8 CCR

284 investigations LC 2652 licensers; revocation 8 CCR permit application, fee, etc. LC 2660 qualifications LC 2661 revocation or suspension LC 2662 prohibited materials LC 2651 prohibitions 8 CCR records 8 CCR furnish to division LC unlicensed persons LC LC LC 2659 LC Hours of employment (see Work hours) Household employees I Illegal employment Immoral places/purposes Independent contractor Independent study employers of LC 3354 evidence EC penalties EC deliver messages; minors sending minors PC 273e PC 273f LC 1308 LC violations penalties LC commission contract; definitions LC 2751 violations LC 2752 definition LC 3353 presumption of employee status LC agreements 5 CCR apportionments coordination, evaluation, supervision EC policy requirements EC restrictions EC curriculum and restrictions EC definitions 5 CCR11700 district responsibilities 5 CCR

285 Industrial welfare commission records 5 CCR rules and regulations EC resources and services 5 CCR services and resources EC statewide profile EC student-teacher ratio EC written records; apportionments EC duties LC 1173 orders amendment, rescission or promulgation LC 1182 delivery and posting LC 1183 publication of actions LC scope of chapter LC 1171 Insurance; authority to establish EC Intent to employ International borders Internships notification EC contents of notice EC adjacent borders EC definitions EC establishment EC workplace skills; training EC J Jury duty; time off LC 230 L Labor; definition LC 200 Labor code administration an enforcement LC applicability LC 555 definitions LC 1286 LC 1390 enforcement LC 1311 LC 1312 LC 1398 exemptions LC 554 fines LC 1305 violations LC 1285 LC

286 LC 1399 Labor commissioner Leave of absence Liability regulations and rules of practice LC 98.8 pupil of 15 years; conditions EC pupils between 16 and 18; conditions EC motor vehicles VC VC Lottery game retailer GC M Makeup work time LC 513 Meal periods LC LC 512 Messengers (see Occupations) Minimum schoolday ages 6-18 EC continuation high school EC EC grades 4-8 EC grades 9-12 EC EC graduating seniors EC junior high school EC minute EC opportunity school EC EC minutes EC EC EC vocational training EC EC work experience EC EC Minimum school week EC Minimum wage complaints 286

287 Minors Misdemeanors Motor Vehicles investigation LC registration with division LC 1195 payment of less LC 1197 civil penalties LC recovery LC special license administration and enforcement LC apprentices and learners LC 1192 liquidated damages LC maximum number of employees LC 1193 mentally/physically handicapped LC 1191 order for increase LC 1182 recover minimum wage LC LC 1194 sheltered workshop LC student employee, camp counselor, etc. LC compensation LC 3605 emancipation; citation FC 7000 definition FC 6500 employment under 16 LC 1290 illegally at work; custody LC 1307 immoral places/purposes LC PC 273e PC 273f hours of employment LC 1391 punishment LC 1199 driving for hire; age limit VC minor s negligence; employer VC minor s negligence; exceptions VC Musicians B&PC N News carriers (see Occupations) O Occupations allowed minors 14 to CFR CFR LC minors 14 to CFR

288 minors 16 and 17 LC dangerous (see Occupations; prohibited) delivery of newspapers LC door-to-door selling conditions 8 CCR definition 8 CCR minors under 6 or 16 LC registration LC LC revocation; registration LC transportation of minors away from residence LC LC violations and penalties LC 1305 LC LC gas service stations allowed activities LC prohibited activities LC horseback riding violations exception LC 1308 work permits EC EC manufacturing definition LC 1291 minors under 16 LC 1290 violations 5 CCR messengers immoral places PC 273e minimum wage LC 1297 minimum age standards 29 CFR news carriers rights 8 CCR LC sale of newspapers, etc. LC 1298 permits (see Work permits) prohibited determination of additional LC 1296 LC 1308 exceptions 29 CFR LC 1310 minors under 12 LC LC 1298 under 16 years 8 CCR CCR CCR CCR

289 Overtime P Payment (also see Wages) 8 CCR CCR CFR LC 1290 LC 1292 LC 1293 LC 1294 LC minors under 18 LC person causing employment; penalties LC 1308 scope of regulations 8 CCR CCR selling to passing motorists 8 CCR sports-attending services LC violations LC 1309 LC Opportunity school minimum school day EC exception EC definition LC 510 exemptions LC 515 computer software field LC action for nonpayment LC LC agricultural and domestic employment LC 205 LC bad checks LC central places LC 204a civil penalties; recovery LC 211 district attorney; authority LC 218 enforcement LC 217 event of strike LC 209 exceptions LC 213 failure civil penalty LC 210 to make within required time LC 203 to pay determined amount LC 206 less than statutory LC 223 more frequent and larger payments LC 219 motion picture industry LC place of LC 208 place of prosecution for 289

290 Penalties illegal form LC 214 posting notice of pay days LC 207 prohibited forms LC 212 public employees LC 220 refusal to make LC 216 release of claim LC resignation LC 202 seasonal employment LC 201 semimonthly exceptions LC 204 LC 204c weekly LC 204b undisputed amount LC 206 violations LC 215 class A 8 CCR definition 8 CCR class B 8 CCR definition 8 CCR CCR hearing; request, notice, time 8 CCR conduct 8 CCR Personnel files EC contents and inspection EC right to inspect GC GC GC Persons; defined LC 18 Physical examinations pre-employment; cost LC driver s license LC 231 Places of employment authority to enter LC 1302 fines LC 1305 violation LC 1303 LC 1304 Places of employment/labor access LC 90 safe and healthful LC 6400 Pornography LC LC Private schools attendance EC EC work permits EC Prohibited occupations (see Occupations) 290

291 Property owners R Records responsibility LC 1301 destruction 5 CCR disposable; class 3 5 CCR inspection EC LC optional; class 2 5 CCR permanent; class 1 5 CCR retention period 5 CCR Regional occupational centers admission of pupils EC youths not attending high school EC average daily attendance EC establishing EC legislative intent EC minimum courses; exceptions EC minimum weekly hours EC minimum schoolday; exception EC workers compensation insurance LC 3368 Reporting violations EC Rest period LC S Safe and healthful employment compliance with standards, regulations, etc. LC 6407 information; employees LC 6408 injury prevention programs LC reports LC 6409 LC LC pesticide poisoning LC safety devices and practices failure to furnish LC 6403 furnishing LC 6401 place of employment LC 6400 unlawful acts LC 6406 unsafe or unhealthy construction of LC 6405 occupancy or maintenance LC 6404 preventing entry LC 6402 Salvage material; prohibited LC Schoolday 291

292 definition LC 1391 minimum attendance EC School district/governing board claims against EC contract attorney EC legal services EC hearing officer EC liability insurance EC sue, hold and convey property EC workers compensation LC 3368 School week; minimum EC Special licenses apprentices and learners LC 1192 maximum number of employees LC 1193 mentally or physically handicapped LC 1191 sheltered workshop LC Special Schools ( see Independent study) Sports attending services (see Occupations) Street occupations LC 1298 Student-learners 29 CFR Studio Teacher (see Entertainment industry) Suspension of work permit (see Work permits; denial) T Theatrical permits (see Entertainment industry) Time off LC 230 Training program policy 8 CCR 251 definitions 8 CCR 252 Travel time; minors LC 510 Truant EC V Vehicles (see Driving) 292

293 Violations Vocational education/training Volunteer citations LC 1287 classification LC 1288 definitions LC 1286 legislative intent LC 1285 real property; owners LC 1301 attendance EC courses of training LC 1295 minimum schoolday exception EC EC private nonprofit agency LC public agency LC recreation and parks agency LC school districts LC W Wages (also see Payment) amount; disclosure LC 232 deductions authorized LC 224 violations LC 225 effect on other laws 29 CFR equal rates for all employees LC itemized statements content LC 226 penalties LC LC LC overtime compensation LC LC 1194 recovery of minimum wage LC LC 1194 repayment LC 221 withholding part of LC 222 unlawful LC violations LC 558 Willful; definition 8 CCR Work; definition LC 200 Workday applicability LC 555 LC

294 definition LC 500 mandatory day off LC maximum consecutive LC 552 violation LC 554 LC 558 Workers Compensation Insurance false statements LC legislative declaration LC 3201 intent LC 3200 payment to minor LC 3605 self-insure; certificate of consent LC 3702 work experience education EC LC 3368 Work Experience Education agreements 5 CCR apportionments EC apprenticeable occupations EC authority to establish EC average daily attendance EC child labor laws, applicability EC EC classroom instruction 5 CCR continuation education pupils EC courses of training LC 1295 credits, granting and conditions EC district plan 5 CCR employment outside of district EC employer EC family support EC funding mentally retarded pupils EC governing board, powers of EC job shadowing EC laws or rules EC liability insurance EC minimum schoolday exception EC EC minors 14 and 15 years 29 CFR a 16 to 18 years LC outside the district EC part-time jobs EC program EC pupil-teacher ratio EC requirements EC

295 Work hours Work Permits spread of hours LC standards adoption EC implementation EC supervision of students 5 CCR teacher-coordinator; qualifications 5 CCR training agreements 5 CCR types 5 CCR wages EC waivers EC workers compensation insurance EC EC LC 3368 work hours LC 1391 LC LC work permits EC work stations; selection and approval 5 CCR certificate of proficiency LC full-time (see Work permits; family support) continuation classes EC high school graduates LC exceptions EC outside school hours LC 1391 maximum LC 1198 schooldays EC EC Spread of hours LC 1297 LC 1391 violation LC 1391 LC 1392 age of minor EC authorization to issue EC cancellation EC LC 1300 certificate of age EC contents EC continuation classes EC denial of 8 CCR employers duties EC EC employment of minors LC

296 entertainment (see Entertainment industry) exemptions EC EC expiration EC false statements; penalties EC family support issuance EC oath EC papers EC parent appearance EC file EC LC 1299 forms; source EC home workers LC 2661 horseback riding; exemption EC EC illegal employment EC inspection; cancellation EC issuance jurisdiction EC private schools EC notification of intent to employ content EC definition EC papers; duly executed EC parental oath EC parent or guardian application EC oath EC permit to employ EC revocation EC schooldays; exceptions EC violations action against employer EC penalties EC EC work experience education EC work for parent/guardian EC work hours EC EC LC 1391 Work time 8 CCR LC 1391 LC Working conditions orders adoption or amendments LC 516 publication LC

297 Working hours 8 CCR exemptions LC 515 makeup LC 513 overtime (see Overtime) Working pupil; absence limit EC Workweek alternative schedules LC 500 LC 510 LC 511 definition LC 500 exemptions LC

298 APPENDIX B DISTRICT LETTERHEAD Date: March 22, 2009 TO: FROM: Kimberly B. Born California Department of Education Secondary, Career, and Adult Leadership Division Work Experience Education 1430 N Street, Suite 4503 Sacramento, CA Name, Superintendent Your School/District/County Office of Education SUBJECT: Authorization to Issue Work Permits This letter is officially authorizing the following personnel to issue work permits according to Education Code 49110: Name Name Name Title Title Title All personnel listed above have a working knowledge of California labor laws and regulations as they relate to minors. If there are any questions pertaining to the issuance of work permits, please call ( ) xxx-xxxx. Sincerely, Name, Superintendent 298

299 APPENDIX C DIRECTORY OF AGENCIES Following is a listing of relevant governmental offices. Not all locations are listed; only some in various major cities. Complete listings of regional government offices may be found in the white pages of the telephone directory (blue-edged pages). Look under Government, State or United States, and check for department sub-headings. Questions relating to the issuance of work permits: Kimberly B. Born, Consultant California Department of Education 1430 N Street, Suite 4503 Sacramento, CA [email protected] Questions relating to paychecks, child labor, entertainment, hours worked, minimum wage, overtime, rest and meal breaks, work permits, vacations, and vacation pay: Department of Industrial Relations; Division of Labor Standards Enforcement Bakersfield 5555 California Avenue, Suite 200 Bakersfield, CA (661) (661) (fax) Redding 2115 Civic Center Drive, Room 17 Redding, CA (530) (530) (fax) San Jose 100 Paseo de San Antonio, Room 120 San Jose, CA (408) (408) (fax) El Centro 1550 W. Main Street El Centro, CA (760) (760) (fax) Sacramento 2031 Howe Avenue, Suite 100 Sacramento, CA (916) (916) (fax) Santa Ana 605 West Santa Ana Boulevard, Bldg. 28, Room 625 Santa Ana, CA (714) (714) (fax) Eureka 619 Second Street, Room 109 Eureka, CA (707) (707) (fax) Salinas 1870 N. Main Street, Suite 150 Salinas, CA (831) (831) (fax) 299

300 Santa Barbara 411 E. Canon Perdido, Room 3 Santa Barbara, CA (805) (805) (fax) Fresno 770 E. Shaw Avenue, Suite 222 Fresno, CA (559) (559) (fax) San Bernardino 464 W. Fourth Street, Room 348 San Bernardino, CA (909) (909) (fax) Santa Rosa 50 "D" Street, Suite 360 Santa Rosa, CA (707) (707) (fax) Long Beach 300 Oceangate, Suite 302 Long Beach, CA (562) (562) (fax) San Diego 7575 Metropolitan Drive, Room 210 San Diego, CA (619) (619) (fax) Stockton 31 E. Channel Street, Room 317 Stockton, CA (209) (209) (fax) Los Angeles 320 W. Fourth Street, Suite 450 Los Angeles, CA (213) (213) (fax) San Francisco 455 Golden Gate Avenue, 10th Floor San Francisco, CA (415) (415) (fax) Van Nuys 6150 Van Nuys Boulevard, Room 206 Van Nuys, CA (818) (818) (fax) Oakland 1515 Clay Street, Suite 801 Oakland, CA (510) (510) (fax) San Francisco - Headquarters 455 Golden Gate Avenue, 9th Floor San Francisco, CA (415) Questions relating to Federal Labor Standards Act, dangerous or hazardous occupations/equipment, child labor laws: U.S. Department of Labor; Wage and Hour Division: All California regional offices can be contacted through one toll-free telephone number: (866) 4 US WAGE ( ) Questions relating to discrimination, sexual harassment, maternity leave: Department of Fair Employment and Housing: All California regional offices can be accessed through one toll-free telephone number: (800)

301 Questions relating to apprenticeship programs: Department of Apprenticeship Standards San Francisco Operational Services 455 Golden Gate Avenue, 10th floor San Francisco, CA (415) (415) (fax) Senior consultant: Glenna Linn Audit Unit 2550 Mariposa Mall, Suite 3080 Fresno, CA (559) (559) (fax) Senior Consultant: Rachel Freeman San Francisco District Office 455 Golden Gate Avenue, 10th floor San Francisco, CA (415) (415) (fax) Senior consultant: Victor Aguirre San Jose 100 Paseo de San Antonio, Room 125 San Jose, CA (408) (408) (fax) Senior consultant: Esther Gamberutti Sacramento 2424 Arden Way, Suite 160 Sacramento, CA (916) (916) (fax) Senior consultant: Don Merrill Fresno 2550 Mariposa Mall, Room 3080 Fresno, CA (559) (559) (fax) Senior consultant: Esther Gamberutti Los Angeles 320 West 4th Street, Suite 830 Los Angeles, CA (213) (213) (fax) Senior consultant: Stephanie Foster San Diego 7575 Metropolitan Drive, Suite 209 San Diego, CA (619) (619) (fax) Area administrator: Richard Robles Electrician Certification Unit (415) Registration, application and certification Prometric

302 APPENDIX D Internet Addresses California Department of Education California Legislative Information California Codes (29 codes; from Business and Professions Code through Water Code) Codes of Regulations (Titles 1 through 28) Department of Industrial Relations IWC Wage Orders; 2001 U.S. Department of Labor National School-to-Work STW & Employer Liability California School-to-Career