Child Labor and Work Permit Laws—An Analysis

Child Labor and Work Permit Laws—An Analysis
CALIFORNIA
Labor laws and work permit requirements are directed at employers. Employers are responsible for
ensuring that they comply with state and federal labor laws. This analysis is a guide for homeschoolers
seeking employment, and should not be used as a guide for employers.
Common Questions
1. Does my child need a work permit?
2. What types of work are not subject to permit requirements?
3. How do I obtain a work permit?
4. Are there restrictions on the amount of time (daily and weekly) that my child can work?
1. Does my child need a work permit?
Yes. 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 employ, issued under
this article or Part 27 (commencing with Section 48000) of the Education Code. CAL. LAB. CODE
�1299.
2. What types of work are not subject to permit requirements?
“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.” CAL. EDUC. CODE � 49141.
3. How do I obtain a work permit?
The superintendent of any school district in which the minor resides, and those authorized by him, may
issue to certain minors permits to work. CAL. EDUC. CODE § 49110.
The superintendent may designate the principal or other person having charge of a private school as a
person authorized to issue work permits to pupils of the school. CEC § 49110.1.
No permit to work shall be issued until the written request therefore from the parent or guardian has
been filed with the issuing authority. CEC § 49110.
4. Are there restrictions on the amount of time (daily and weekly) that my child can work?
Yes.
1. Maximum Hourly and Weekly Employment (hours per day/week, days per week):
a. Under 16:
 8/40/6 during a non school period.
 3/18 during a school period.
b. b. 16 & 17:
 8/48/6 during a non school period.
 4/28 during a school period (Except 8 hours per day when school is in session
less than 5 days per week.)
2. Night work Prohibitions:
a. Under 16:
 7:00 p.m. (9:00 p.m. June 1 through Labor Day) to 7:00 a.m.
b. 16 & 17:
 10:00 p.m. (12:30 a.m. before non-school day) to 5:00 a.m.
CAL. LAB. CODE § 1391