Work Permit Rules per Federal and State Child Labor Laws

WORK PERMITS

All minors under age 18, including minors employed by parents, (ED.C.49141) must have a Work Permit except if minor has graduated from high school. Applications are available at each school while school is in session and during the spring break, fall break and summer at your local County Office of Education. Work permits must be renewed at the start of each new school year or at the time the student obtains a new job. Work permits are required all year, not just when school is in session. It serves as an age certificate and states the maximum hours a minor may work based on their age (ED.C.49160). Merced County residents may call Merced County Office of Education for information at 381-6678. All minors under age 18 must be enrolled in school to get a work permit.

Hours Minors Are Allowed to Work

(California & Federal Labor Codes)

UNDER AGE 12

Prohibited except for entertainment industry

AGES 12-13

Prohibited in firms subject to Federal FLSA Exceptions, call for further information

AGES 14-15 (School In Session)

3 hours max. per day/18 hours per week

7 a.m.-7pm.

AGES 14-15 (Summer)

8 hours max per day/40 hours per week 7 a.m.-9 p.m.

AGES 16-17 (School In Session)

4 hours max. per day/Mon. - Thurs.

8 hours max. per day/Fri. - Sun.

20 hours total per week (MCS Recommended Limit)

5 a.m. to 10 p.m.

5 a.m. to 12:30 a.m. if no school next day.

AGES 16-17 (Summer)

8 hours max. per day/48 hours per week 5 a.m. to 12:30 a.m.

AGES 16-17 (School In Session)

(Work Experience Education and Paid Vocational Training Programs)

6 hours max. per day/Mon.-Thurs.

8 hours max. per day/Fri.-Sun.

40 hours total per week.

5 a.m. - 10 p.m. (12:30 a.m. on days preceding a non-school day).

UNIFORMS (I.W.C. Orders)

When uniforms are required by the employer to be worn by the employee as a condition of employment, such uniform shall be provided and maintained by the employer. A uniform includes wearing apparel and accessories of distinctive design or color (i.e. company name imprinted hats, shirts, etc.)

PROHIBITED EMPLOYMENT

HAZARDOUS OCCUPATIONS FOR MINORS FEDERAL LAW

The Federal Government under the Fair Labor Standards Act (FLSA) has listed 17 hazardous occupations which minors UNDER THE AGE OF 18 are prohibited from working in any capacity. There are no exemptions or exceptions !!! This is a partial list. For a complete listing contact the U.S. Department of Labor.

Serving Alcoholic Beverages

Motor Vehicle Driving - Minors may not drive on any public highway. This does NOT prohibit a minor from driving on private property (i.e. auto car dealer lot)

Power-Driven Woodworking Machines

Exposure To Radioactive Substances- X-Rays

Power-Drive Hoisting Apparatus-automobile hoist, lift truck, fork lift, elevator, crane, derrick

Power-Driven Metal-Forming, Punching, Shearing Machines

Power-Driven Bakery machines - dough sheeter, bread, meat or vegetable slicer, dough mixer

Power-Drive Paper-Products machines - paper bailers, box crushers

Power-Driven circular Saws, Band Saws, Guillotine Shears

Roofing Operations

Excavation Operations - cannot work in trenches deeper than 4 feet

Explosives Manufacturing Occupations

Mining Operations

Logging and Sawmilling Operations

Occupations In Slaughtering, Meat Packing and Rendering Plants

Brick, Tile and Kindred Products Manufacturing

Wrecking, Demolition and Ship-Breaking Operations

WORKERS COMPENSATION INSURANCE

All minors must be covered by Workers Compensation including minors employed by parents and minors employed by businesses operating from a private residence.

Note: Private homeowners insurance only provides Workers= Compensation coverage for employees performing domestic work, not work performed for your business (L.C. 3700). Call State Workers Compensation fund for information at (916) 463-6201.

PROHIBITED EMPLOYMENT HAZARDOUS OCCUPATIONS FOR MINORS CALIFORNIA LABOR LAW

In addition to Federal (FLSA) regulations the State of California prohibits minors UNDER THE AGE OF 16 from the following occupations. This is a partial list. For a complete list contact the Dept. of Industrial Relations at 248-8400.

Selling Or Serving Alcoholic Beverages

Public Messenger Service

In Hazardous Occupations

In all building construction work of any kind

The operation of motor vehicles or service as helpers on such vehicles.

Cooking/Baking

In a Pool or Billiard Room

In the Vicinity of Moving Machinery

In the Vicinity of Explosives

In or about Moving Equipment, Aircraft, Vessels

In or about Gasoline Service Stations

In Selling to Passing motorists - newspapers, candy, flowers or other merchandise/commodities (C.A.C. 11707)

All occupations in warehouses except office and clerical work

In Door-to-Door Selling- candy, cookies, flowers newspapers/magazines subscriptions or other merchandise/commodities unless these conditions are met: (C.A.C. 11706)

1. Minors work in pairs as a team

2. One adult supervisor for ten or fewer minors

3. Within sight or sound of supervisor every 15 minutes

4. Returned to home or rendezvous point daily

WAGES (I.W.C. Orders)

In most cases, minors must be paid at least minimum wage.

If a student works a split shift, they must be paid one extra hour at the minimum wage.

If a student reports to work, but is not given work and is sent home, that employee is owed a minimum of two hours pay for their time and trouble. If employees are asked not to clock in, they must be free to leave and cannot be required to wait without being paid, as they are under your direction and control.

TAX WITHHOLDING & STATEMENT

All employers must furnish each employee, at the time wages are paid, a separate or detachable itemized statement of deduction. (L.C.226, 226.2) (IRS Circular E-Employers Guide)

For More Information on California or Federal Laws and Minors Contact:

CALIFORNIA LABOR LAWS

Department of Industrial Relations Field Office

31 E. Channel Street, Room 318

Stockton, CA 95202

(209) 948-7770

FEDERAL LABOR LAWS

FLSA - U.S. Department of Labor Field Office

2981 Fulton Avenue

Sacramento, CA 95821

(916) 979-2040

WORKERS COMPENSATION

State Workers Compensation Insurance

31 E. Channel Street

Stockton, CA 95202

(209) 463-6201

CONTACT YOUR LOCAL COUNTY OFFICE OF EDUCATION FOR INFORMATION ON OBTAINING WORK PERMITS WHEN SCHOOL IS NOT IN SESSION

Minors must provide proof of age (i.e. birth certificate, medical/insurance card, or any official document showing the minor's name and birth date)

	Serving Alcoholic Beverages
	Motor Vehicle Driving - Minors may not drive on any public highway. This does NOT prohibit a minor from driving on private property (i.e. auto car dealer lot)
	Power-Driven Woodworking Machines
	Exposure To Radioactive Substances- X-Rays
	Power-Drive Hoisting Apparatus-automobile hoist, lift truck, fork lift, elevator, crane, derrick
	Power-Driven Metal-Forming, Punching, Shearing Machines
	Power-Driven Bakery machines - dough sheeter, bread, meat or vegetable slicer, dough mixer
	Power-Drive Paper-Products machines - paper bailers, box crushers
	Power-Driven circular Saws, Band Saws, Guillotine Shears
	Roofing Operations
	Excavation Operations - cannot work in trenches deeper than 4 feet
	Explosives Manufacturing Occupations
	Mining Operations
	Logging and Sawmilling Operations
	Occupations In Slaughtering, Meat Packing and Rendering Plants
	Brick, Tile and Kindred Products Manufacturing
	Wrecking, Demolition and Ship-Breaking Operations

	Selling Or Serving Alcoholic Beverages
	Public Messenger Service
	In Hazardous Occupations
	In all building construction work of any kind
	The operation of motor vehicles or service as helpers on such vehicles.
	Cooking/Baking
	In a Pool or Billiard Room
	In the Vicinity of Moving Machinery
	In the Vicinity of Explosives
	In or about Moving Equipment, Aircraft, Vessels
	In or about Gasoline Service Stations
	In Selling to Passing motorists - newspapers, candy, flowers or other merchandise/commodities (C.A.C. 11707)
	All occupations in warehouses except office and clerical work
	In Door-to-Door Selling- candy, cookies, flowers newspapers/magazines subscriptions or other merchandise/commodities unless these conditions are met: (C.A.C. 11706)