Section § 1285

Explanation

This law aims to set up a system for quickly giving fines to those who break laws about hiring minors in California. These fines are meant to be quick and effective, and they add to any other legal penalties that might apply.

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 chapter are in addition to any other penalty provided by law.

Section § 1286

Explanation

This section explains the meanings of certain terms used in this chapter. It defines who the 'Director' of Industrial Relations is, what the 'Department' refers to, and who qualifies as a 'Minor,' specifically detailing age and school attendance conditions, including exceptions for non-residents. It clarifies the role of the 'Labor Commissioner' as the authority for informal hearings and penalty decisions. 'Door-to-door sales' refers to home solicitation without a monetary limit, and 'Entertainment industry' covers various fields like movies, TV, and modeling involving minors entertaining the public.

As used in this chapter:
(a)CA Labor Code § 1286(a) “Director” means the Director of Industrial Relations or the director’s designee.
(b)CA Labor Code § 1286(b) “Department” means the Department of Industrial Relations.
(c)CA Labor Code § 1286(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 Division 4 of Title 2 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 Division 4 of Title 2 of the Education Code solely because that person is a nonresident of California shall still be considered a minor.
(d)CA Labor Code § 1286(d) “Labor Commissioner” means the Chief of the Division of Labor Standards Enforcement, or the chief’s deputies or agents, who shall have the authority to conduct informal hearings and determine the amount of civil penalties in accordance with this chapter.
(e)CA Labor Code § 1286(e) “Door-to-door sales” has the same meaning as “home solicitation contract or offer,” as defined in subdivision (a) of Section 1689.5 of the Civil Code, except that “door-to-door sales” is not subject to the minimum monetary limitation set forth in that subdivision.
(f)CA Labor Code § 1286(f) “Entertainment industry” means motion pictures of any type, including, but not limited to, film or videotape, using any format, including, but not limited to, theatrical film, commercial, documentary, or television program, by any medium, including, but not limited to, theater, television, or videocassette; photography; recording; modeling; theatrical productions; publicity; rodeos; circuses; musical performances; advertising; and any other performances where a minor performs to entertain the public.

Section § 1287

Explanation

If the director finds someone breaking laws or rules about employing minors, they can issue a citation, which is a formal notice of violation. This citation can be delivered in person, by certified mail, or by registered mail. The citation will explain what law or rule was violated and must be in writing.

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 or she may issue a citation to the person in violation. The citation may be served personally, in the same manner as provided for service of a summons as described in Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of the Code of Civil Procedure, by certified mail with return receipt requested, or by registered mail in accordance with subdivision (c) of Section 11505 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.

Section § 1288

Explanation

This law classifies citations for workplace violations that affect minor employees into two categories: Class "A" and Class "B". Class "A" includes serious violations that pose a risk of death or major injury to minors, with fines ranging from $5,000 to $10,000. Repeated violations are fined more but not more than $10,000 each. Class "B" includes less severe but still concerning violations, with fines between $500 and $1,000. Repeated violations in this class also result in increased fines. The law does not exclude additional criminal penalties where applicable.

Citations issued pursuant to this chapter shall be classified according to the nature of the violation and shall indicate the classification on the face thereof, as follows:
(a)CA Labor Code § 1288(a) Class “A” violations are violations of Section 1290, 1292, 1293, 1293.1, 1294, 1294.1, 1294.5, 1308, 1308.1, 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 therefrom. 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 nonwillful or first violations, not to exceed ten thousand dollars ($10,000).
(b)CA Labor Code § 1288(b) Class “B” violations are violations of Section 1299 or 1308.5, 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 to exceed one thousand dollars ($1,000) for each and every violation. Willful or repeated violations shall receive higher civil penalties than those imposed for comparable nonwillful or first violations. A second violation of Section 1391 is subject to a civil penalty of one thousand dollars ($1,000).
(c)CA Labor Code § 1288(c) This section does not preclude the imposition of criminal penalties provided for in this chapter.

Section § 1289

Explanation

If you get a citation or a proposed civil penalty and you want to challenge it, you have 15 business days to ask for an informal hearing with the Labor Commissioner. This hearing will happen within 30 days, and afterward, you'll find out if the decision stays the same, changes, or is canceled. A letter with the decision will be mailed to you within 15 days of the hearing, and you have 45 days to pay any penalties after you receive it.

If you don't want to contest the citation, you can just pay the penalty amount within 15 business days of getting it. If no challenge is made, the citation can be filed in court to make it a formal judgment against you. If you do have a hearing and the decision stands, it can also be filed and turned into a judgment. Once turned into a judgment, it will collect interest just like any other money judgment, and you won't be charged anything additional for the process.

(a)CA Labor Code § 1289(a) If a person desires to contest a citation or the proposed assessment of a civil penalty therefor, he or she 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 the commissioner’s 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 order that 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 that finding to the appropriate superior court, as long as the party agrees to 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.
(b)CA Labor Code § 1289(b) 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.
(c)CA Labor Code § 1289(c) 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 filed 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 citation or proposed assessment of a civil penalty.
(d)CA Labor Code § 1289(d) 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 the 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.
(e)CA Labor Code § 1289(e) 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 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.

Section § 1290

Explanation

This law states that kids under 16 can't work in factories or similar jobs unless there's a specific exception outlined in the law or education code.

A minor under the age of 16 years shall not 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 chapter or by the provisions of Part 27 (commencing with Section 48000) of the Education Code.

Section § 1291

Explanation

This law section says that any work related to a manufacturing establishment is considered part of the manufacturing process. This applies even if the work is done somewhere other than the main factory, as long as it involves the products or materials of the establishment. It doesn't matter if the work is done directly by the manufacturer's employees or through contractors or third parties.

Work is done for a manufacturing establishment within the meaning of this chapter 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.

Section § 1292

Explanation

Children under 16 years old are not allowed to work in jobs that involve adjusting machinery belts, sewing or lacing belts in workshops or factories, or oiling, wiping, or cleaning machinery.

No minor under the age of sixteen years shall be employed or permitted to work in any capacity in:
(a)CA Labor Code § 1292(a) Adjusting any belt to any machinery.
(b)CA Labor Code § 1292(b) Sewing or lacing machine belts in any workshop or factory.
(c)CA Labor Code § 1292(c) Oiling, wiping, or cleaning machinery, or assisting therein.

Section § 1293

Explanation

In California, children under the age of 16 are not allowed to work on or help operate certain dangerous machines. These include machines like saws, wood-planers, sandpaper machines, machines for picking materials like cotton or wool, printing presses, and a variety of other heavy or potentially hazardous equipment. The law protects minors from working in environments with machines that pose significant risks.

No minor under the age of sixteen years shall be employed, or permitted, to work in any capacity in operating or assisting in operating any of the following machines:
(a)CA Labor Code § 1293(a) Circular or band saws; wood shapers; wood-jointers; planers; sandpaper or wood-polishing machinery; wood turning or boring machinery.
(b)CA Labor Code § 1293(b) Picker machines or machines used in picking wool, cotton, hair, or other material; carding machines; leather-burnishing machines; laundry machinery.
(c)CA Labor Code § 1293(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.
(d)CA Labor Code § 1293(d) Corner-staying machines in paper-box factories; corrugating rolls, such as are used in corrugated paper, roofing or washboard factories.
(e)CA Labor Code § 1293(e) Dough brakes or cracker machinery of any description.
(f)CA Labor Code § 1293(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.

Section § 1293.1

Explanation

This law in California ensures that children under 12 years old are not allowed to work or accompany working parents or guardians in dangerous agricultural areas. These areas include places with moving equipment, unprotected chemicals, or water hazards. The Department of Industrial Relations can identify additional hazardous zones after a hearing.

Additionally, children under 12 are prohibited from working in any job considered hazardous for minors under 16 according to federal regulations.

(a)CA Labor Code § 1293.1(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)CA Labor Code § 1293.1(a)(1) On or about moving equipment.
(2)CA Labor Code § 1293.1(a)(2) In or about unprotected chemicals.
(3)CA Labor Code § 1293.1(a)(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)CA Labor Code § 1293.1(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 570.71 of Title 29 of the Code of Federal Regulations, as that regulation may be amended from time to time.

Section § 1294

Explanation

This law states that no child under 16 can work in certain dangerous jobs in California. These jobs include working on railroads, boats involved in commerce, or handling hazardous materials like toxic acids, paints, or dyes. Other restricted jobs involve working in dusty environments, with toxic chemicals, or in construction tasks like scaffolding and excavations. Kids under 16 also can’t work in tobacco processing, operate vehicles, or in any job that could harm their health or morals.

No minor under the age of 16 years shall be employed or permitted to work in any capacity:
(a)CA Labor Code § 1294(a) Upon any railroad, whether steam, electric, or hydraulic.
(b)CA Labor Code § 1294(b) Upon any vessel or boat engaged in navigation or commerce within the jurisdiction of this state.
(c)CA Labor Code § 1294(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)CA Labor Code § 1294(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)CA Labor Code § 1294(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)CA Labor Code § 1294(f) In assorting, manufacturing or packing tobacco.
(g)CA Labor Code § 1294(g) Operating any automobile, motorcar, or truck.
(h)CA Labor Code § 1294(h) In any occupation dangerous to the life or limb, or injurious to the health or morals of the minor.

Section § 1294.1

Explanation

This law explains that minors under 16 cannot work in jobs deemed too dangerous according to specific federal regulations. For minors aged 16 to 18, the law also restricts working in occupations considered hazardous or harmful to their health. However, minors are allowed in newspaper processing areas for delivery tasks, except where printing presses are located.

(a)CA Labor Code § 1294.1(a) No minor under the age of 16 years shall be employed or permitted to work in either of the following:
(1)CA Labor Code § 1294.1(a)(1) Any occupation declared particularly hazardous for the employment of minors below the age of 16 years in Section 570.71 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)CA Labor Code § 1294.1(a)(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 570.33 and paragraph (b) of Section 570.34 thereof, as those regulations may be revised from time to time.
(b)CA Labor Code § 1294.1(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)CA Labor Code § 1294.1(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.

Section § 1294.3

Explanation

This law outlines the types of jobs that 14 and 15-year-olds can legally hold in California, as long as these jobs are not otherwise prohibited. These occupations include office tasks like operating machines, working as cashiers, sales, and modeling. They can also do price marking, orders packing, and shelving. Bagging and carrying customer orders, running errands, and delivery work by foot or bike are also allowed. Additionally, they can engage in cleanup work, excluding using power mowers. They can also perform kitchen tasks involving food preparation and machine operation, as well as handling fruits, vegetables, and goods in specified areas.

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)CA Labor Code § 1294.3(a) Office and clerical work, including the operation of office machines.
(b)CA Labor Code § 1294.3(b) Cashiering, selling, modeling, art work, work in advertising departments, window trimming, and comparative shopping.
(c)CA Labor Code § 1294.3(c) Price marking and tagging by hand or by machine, assembling orders, packing and shelving.
(d)CA Labor Code § 1294.3(d) Bagging and carrying out customers’ orders.
(e)CA Labor Code § 1294.3(e) Errand and delivery work by foot, bicycle, and public transportation.
(f)CA Labor Code § 1294.3(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)CA Labor Code § 1294.3(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)CA Labor Code § 1294.3(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.

Section § 1294.4

Explanation

This law states that minors delivering newspapers are allowed to make those deliveries using different modes of transportation, including walking, biking, public transport, or riding in a car driven by someone who is at least 16 years old.

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.

Section § 1294.5

Explanation

If you're between 16 and 17 years old, you can work at a gas station doing things like pumping gas, offering courtesy services, and cleaning cars, plus other activities allowed by a related law (Section 1294.3). But you can't do any work involving pits, racks, or equipment that lifts cars, or inflate tires with a specific type of removable ring. For those younger than 16, the work is limited to what is specifically allowed by Section 1294.3.

(a)CA Labor Code § 1294.5(a) Minors 16 and 17 years of age may work in gas service stations in the following activities:
(1)CA Labor Code § 1294.5(a)(1) Dispensing gas or oil.
(2)CA Labor Code § 1294.5(a)(2) Courtesy service.
(3)CA Labor Code § 1294.5(a)(3) Car cleaning, washing, and polishing.
(4)CA Labor Code § 1294.5(a)(4) Activities specified in Section 1294.3.
(b)CA Labor Code § 1294.5(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)CA Labor Code § 1294.5(c) Minors under the age of 16 years may be employed in gas service stations to perform only those activities specified in Section 1294.3.

Section § 1295

Explanation

This California labor law explains specific exemptions to other legal sections regarding training and work programs. It says vocational or manual training in schools and apprenticeship programs are not subject to certain rules in Sections 1292-1294.5. Additionally, work experience programs for students are exempt if specific conditions are met, such as parental approval and assurance that graduation progress isn't hindered.

The second part addresses exemptions for young student-learners in agriculture. These exemptions apply if the work is part of a structured training program and includes safety instructions, a work process schedule, and is under supervision. Minors aged 14 or 15 with certificates from approved tractor or machine operation programs can work in certain agricultural jobs if the employer keeps certificates on file. These certificates are recognized only for occupations specified in Section 1294.1, subdivision (a).

(a)CA Labor Code § 1295(a) Sections 1292, 1293, 1294, and 1294.5 shall not apply to any of the following:
(1)CA Labor Code § 1295(a)(1) Courses of training in vocational or manual training schools or in state institutions.
(2)CA Labor Code § 1295(a)(2) Apprenticeship training provided in an apprenticeship training program established pursuant to Chapter 4 (commencing with Section 3070) of Division 3.
(3)CA Labor Code § 1295(a)(3) Work experience education programs conducted pursuant to either or both Section 29007.5 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)CA Labor Code § 1295(b) Section 1294.1 shall not apply to the following persons as provided by Section 570.72 of Title 29 of the Code of Federal Regulations:
(1)CA Labor Code § 1295(b)(1) Student-learners in a bona fide vocational agriculture program working in the occupations specified in paragraph (1) of subdivision (a) of Section 1294.1 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:
(A)CA Labor Code § 1295(b)(1)(A) Safety instructions given by the school and correlated with the student-learners’s on-the-job training.
(B)CA Labor Code § 1295(b)(1)(B) A schedule of organized and progressive work processes for the student-learner.
(C)CA Labor Code § 1295(b)(1)(C) The name of the student-learner.
(D)CA Labor Code § 1295(b)(1)(D) The signature of the employer and a school authority, each of whom must keep copies of the agreement.
(2)CA Labor Code § 1295(b)(2) Minors 14 or 15 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 1294.1. 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)CA Labor Code § 1295(b)(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 1294.1. Farmers employing minors who have completed this program shall keep a copy of the certificate of completion on file with the minor’s records.

Section § 1295.5

Explanation

This law allows minors aged 14 and older to work in professional baseball as sports attendants during specific hours. They need approval from their school or county board of education. Kids aged 14-15 can work until 12:30 a.m. on nights before a day without school and until 10 p.m. before a school day. They can work up to five hours on school days and 18 hours during a school week, but not more than eight hours on non-school days or 40 hours when school is out. Minors aged 16-17 can work up to five hours on school days.

Schools must give a work permit to the minor, send a copy to the Division of Labor Standards Enforcement, and keep an eye on the student’s school performance.

(a)CA Labor Code § 1295.5(a) Notwithstanding Section 1391 of this code or Section 49116 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 570.35 of Title 29 of the Code of Federal Regulations. No employer may employ a minor 14 or 15 years of age to perform sports-attending 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)CA Labor Code § 1295.5(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 nonschoolday 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 nonschoolday, 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.
(c)CA Labor Code § 1295.5(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.

Section § 1296

Explanation

This law allows the Division of Labor Standards Enforcement to decide if a specific job or work method is too dangerous or harmful for minors. If so, minors cannot work in that job or manner. These decisions can be challenged and reviewed in a superior court.

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 the 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 therefrom. 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.

Section § 1297

Explanation

This law states that minors under 16 years old cannot work as messengers for any telegraph, telephone, or messenger company, or for the U.S. government, in cities with over 15,000 people. Minors under 18 cannot work these jobs before 6 AM or after 9 PM. However, minors delivering newspapers are not affected by this rule.

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.

Section § 1298

Explanation

This California law states that children under the age of 12 are not allowed to work selling or delivering newspapers, magazines, or similar items. However, there is an exception for children who are at least 10 years old and already working as newspaper carriers as of the law's effective date.

(a)CA Labor Code § 1298(a) Notwithstanding Section 1308.1, 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)CA Labor Code § 1298(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.

Section § 1299

Explanation

If you hire minors, you must keep all work permits and certificates on file. These documents must be available for inspection by certain authorities like school officials and labor enforcement officers at any time.

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 chapter 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.

Section § 1300

Explanation

This law allows the Labor Commissioner or the authority that issued a work certificate or permit to cancel it if they find that the necessary conditions for it to be legally issued are not, or were never, met.

All certificates and permits to work or to employ shall be subject to cancellation at any time by the Labor Commissioner or by the issuing authority, whenever the commissioner or the issuing authority finds that the conditions for the legal issuance of such certificate or permit no longer exist or have never existed.

Section § 1301

Explanation

This law applies to those who own or control property where minors work. It holds them responsible for any violations of minor employment laws if it's for their benefit and they knowingly allow it. Even if they are not the minor's direct employer, they can face penalties. Simply posting a notice as required by the Education Code does not protect them from these rules.

(a)CA Labor Code § 1301(a) The provisions of this chapter concerning the employment of minors, and the civil penalties for violations of those provisions, are fully applicable to every person who owns or controls the real property upon which a minor is employed, whether or not that person is the minor’s employer, if the minor’s employment is for the benefit of the person, and the person has knowingly permitted the violation or continuation of violations.
(b)CA Labor Code § 1301(b) The posting of a notice pursuant to Section 49140 of the Education Code does not exempt any person from this chapter.

Section § 1302

Explanation

A full-time attendance supervisor or a county probation officer can enter any workplace to check work permits for minors or investigate compliance with laws about employing minors. If they are denied access or find violations, they must report it in writing to the Labor Commissioner within 48 hours, explaining their concerns and detailing any violations.

The attendance supervisor, who is a full-time attendance supervisor 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 the county, may at any time, enter the place of employment for the purpose of examining permits to work or to employ of all minors employed in the place of employment, or for the purpose of investigating violations of this chapter or of Chapter 2 (commencing with Section 48200), 3 (commencing with Section 48400), or 7 (commencing with Section 49100) of Part 27 of the Education Code. If an attendance supervisor or probation officer is denied entrance to the 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. The report shall be made within 48 hours and shall be in writing, setting forth the fact that he or she has good cause to believe that these laws are being violated in the place of employment, and describing the nature of the violation.

Section § 1303

Explanation

This California law states that anyone, including agents, officers, parents, or guardians, violating child labor rules by employing minors illegally can face criminal charges. If found guilty, the punishment includes a fine ranging from $1,000 to $5,000 and possibly up to six months in county jail, or both. For willful violations, the fine can increase to $10,000. Imprisonment is only possible for repeat offenders.

Any person, or agent or officer of that person, employing either directly or indirectly through third persons, or any parent or guardian of a minor affected by this chapter who violates any provision of this chapter, or who employs, or permits any minor to be employed in violation of this chapter, 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 chapter 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. A person shall not be imprisoned under this section, except for an offense committed after the conviction of that person for a prior offense under this chapter.

Section § 1304

Explanation

If you can't show a work permit or certificate for a minor, it's assumed they are being employed illegally. If you're in charge of a place where minors work, not having their work permits means you might have let them work illegally. The Labor Commissioner’s statement about a child’s age is used as proof of how old they are.

Failure to produce any permit or certificate either to work or to employ is prima facie evidence of the illegal employment of any minor whose permit or certificate is not produced. Proof that any person was the manager or superintendent of any place of employment subject to this chapter at the time any minor is alleged to have been employed therein in violation of this chapter, is prima facie evidence that the person employed, or permitted the minor to work. The sworn statement of the Labor Commissioner or his deputy or agents as to the age of any child affected by this chapter is prima facie evidence of the age of the child.

Section § 1305

Explanation

This law explains how fines and penalties collected under certain labor regulations in California are distributed. If the fines are collected without a court case, they go to the Department of Industrial Relations, which then sends them to the State Treasury to be added to the General Fund. If the fines are collected through a court case, the court orders them to be divided like this: 50% goes to the local government (county or city) based on who prosecuted the case, 25% goes to the Department of Industrial Relations for covering costs, and 25% goes to the State Treasury's General Fund.

(a)CA Labor Code § 1305(a) All fines and penalties collected under this chapter, 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)CA Labor Code § 1305(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 Sections 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 and penalties assessed be transmitted to the Treasurer for deposit in the State Treasury to the credit of the General Fund.

Section § 1307

Explanation
If a minor is found working illegally, they must be placed under the care of the school district officials in the area where they are discovered.
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.

Section § 1308

Explanation

This law makes it illegal for anyone responsible for a minor under 16 to make them work or participate in activities that are harmful or dangerous, such as risky performances or immoral acts. Violating this can lead to fines or jail time. If done willfully after a prior conviction, the penalties increase.

The law also includes protections for minors under 18 from being involved in obscene or immoral acts. However, it allows exceptions where minors can legally participate, like singing or playing music in certain accepted environments, with consent from authorities. Exceptions also cover minors participating in non-profit and supervised activities like livestock shows or approved music performances.

(a)CA Labor Code § 1308(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)CA Labor Code § 1308(a)(1) Any business, exhibition, or vocation injurious to the health or dangerous to the life or limb of the minor.
(2)CA Labor Code § 1308(a)(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)CA Labor Code § 1308(a)(3) Any obscene, indecent, or immoral purposes, exhibition, or practice whatsoever. Notwithstanding any other law, this paragraph applies to a person with respect to any minor under the age of 18 years.
(4)CA Labor Code § 1308(a)(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 chapter.
(b)CA Labor Code § 1308(b) This section does not apply to or affect any of the following:
(1)CA Labor Code § 1308(b)(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)CA Labor Code § 1308(b)(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 1308.5.
(3)CA Labor Code § 1308(b)(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 that are on a course at the same time and that is operated for profit or operated other than by a nonprofit organization.
(4)CA Labor Code § 1308(b)(4) The leading of livestock by a minor in nonprofit fairs, stock parades, livestock shows and exhibitions.

Section § 1308.1

Explanation

This law states that children under 6 years old are not allowed to sell items like candy or flowers in door-to-door or street sales. Additionally, any child under 16 who is legally allowed to sell such items cannot do so more than 50 miles from their home.

(a)CA Labor Code § 1308.1(a) No minor under the age of 6 years shall be permitted to engage in the door-to-door sales or street sales of candy, cookies, flowers, or any other merchandise or commodities.
(b)CA Labor Code § 1308.1(b) No minor under 16 years of age, permitted by law to engage in door-to-door sales of newspaper 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.

Section § 1308.2

Explanation

If you’re 18 or older and in charge of transporting or supervising minors under 16 for door-to-door sales, you need to register with the Labor Commissioner. This rule applies when traveling more than 10 miles from the minor's home. Registration has to be renewed annually.

To register, you must fill out a detailed application, be investigated for good character and responsibility, and pay a fee. You need to carry proof of registration while doing the job. The Labor Commissioner can issue temporary registrations up to 90 days. Violating these rules can lead to fines ranging from $1,000 to $10,000. However, parents, guardians, hired transport providers, and charitable organizations are exempt from registering.

(a)CA Labor Code § 1308.2(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, shall register with the Labor Commissioner pursuant to this section. Registration may be renewed on an annual basis.
(b)CA Labor Code § 1308.2(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)CA Labor Code § 1308.2(b)(1) The person has executed a written application on a form prescribed by the Labor Commissioner, including all of the following:
(A)CA Labor Code § 1308.2(b)(1)(A) 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.
(B)CA Labor Code § 1308.2(b)(1)(B) 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)CA Labor Code § 1308.2(b)(2) The Labor Commissioner, following an investigation thereof, is satisfied as to the character, competency, and responsibility of the applicant.
(3)CA Labor Code § 1308.2(b)(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)CA Labor Code § 1308.2(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)CA Labor Code § 1308.2(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).
(e)CA Labor Code § 1308.2(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 ($10,000) per affected minor for a third or subsequent conviction for a violation.
(f)CA Labor Code § 1308.2(f) The following persons are not required to register under this section:
(1)CA Labor Code § 1308.2(f)(1) A parent or the guardian of the minor.
(2)CA Labor Code § 1308.2(f)(2) A person solely providing transportation for hire, who is not otherwise subject to the registration requirements of subdivision (a).
(3)CA Labor Code § 1308.2(f)(3) A person acting on behalf of a trustee or charitable corporation, as defined in Sections 12582 and 12582.1, respectively, of the Government Code, or of any entity described in Section 12583 of the Government Code.

Section § 1308.3

Explanation

This law requires anyone employing minors under 16 in door-to-door sales more than 10 miles from the minor's home to register with the Labor Commissioner. This includes providing certain information such as the names and details of supervising adults, and agreeing to safe working conditions.

The application must be completed under penalty of perjury and include a contract for the minors. A fee is required for registration or renewal, which is capped at $350 for the first registration and $200 for renewals. The Labor Commissioner can issue temporary registrations if necessary.

Employers must have proof of registration when conducting these sales activities. Violating this law can lead to misdemeanor charges with fines escalating based on the number of offenses. However, certain charitable organizations are exempt from these requirements.

(a)CA Labor Code § 1308.3(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 section. Registration may be renewed on an annual basis.
(b)CA Labor Code § 1308.3(b) The Labor Commissioner shall not register or renew registration of any applicant pursuant to this section unless all of the following conditions are satisfied:
(1)CA Labor Code § 1308.3(b)(1) The organization has executed a written application therefor on a form prescribed by the Labor Commissioner, including all of the following:
(A)CA Labor Code § 1308.3(b)(1)(A) 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 applicant if an individual, or an officer of an applicant that is an association, corporation, or other entity.
(B)CA Labor Code § 1308.3(b)(1)(B) 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 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.
(C)CA Labor Code § 1308.3(b)(1)(C) 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)CA Labor Code § 1308.3(b)(2) The Labor Commissioner, following an investigation thereof, is satisfied that the employer has not previously violated this chapter and does not propose to expose minors in its employ to hazardous or unsafe working conditions.
(3)CA Labor Code § 1308.3(b)(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)CA Labor Code § 1308.3(c) Any registrant under this section shall, upon request, make available for inspection by the Labor Commissioner all of its payroll records for any period.
(d)CA Labor Code § 1308.3(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)CA Labor Code § 1308.3(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)CA Labor Code § 1308.3(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)CA Labor Code § 1308.3(g) This section does not apply to any trustee or charitable corporation, as defined in Sections 12582 and 12582.1, respectively, of the Government Code, or to any entity described in Section 12583 of the Government Code.

Section § 1308.4

Explanation

This section allows the Labor Commissioner to revoke, suspend, or refuse to renew a registration if certain issues occur. These issues include the registrant or their agent violating conditions in the registration process, providing false information in their application, or operating differently than stated. It also applies if they have broken laws related to child labor, particularly those affecting minors' health, safety, or wages.

Additionally, if found violating child labor laws under the federal Fair Labor Standards Act, the registration can similarly be revoked or suspended.

The Labor Commissioner may revoke, suspend, or refuse to renew any registration under Section 1308.2 or 1308.3 when any of the following have occurred:
(a)CA Labor Code § 1308.4(a) The registrant or any agent of the registrant has violated or failed to comply with Section 1308.2 or 1308.3.
(b)CA Labor Code § 1308.4(b) The registrant has made any misrepresentation or false statement in his or her application for registration under Section 1308.2 or 1308.3.
(c)CA Labor Code § 1308.4(c) The registrant has operated in a manner substantially different from the conditions of operation stated in the application for registration.
(d)CA Labor Code § 1308.4(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)CA Labor Code § 1308.4(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).

Section § 1308.5

Explanation

This law regulates the employment of minors under the age of 16 in the entertainment industry in California. A permit from the Labor Commissioner is required for minors working in various entertainment roles, such as in plays, broadcasts, concerts, and as models or performers in non-commercial settings. Special conditions apply for minors aged 8 to 18 who can continue performances past 10 p.m. under certain circumstances. Violating these rules is a misdemeanor, and not having the required permit is considered proof of illegal employment.

(a)CA Labor Code § 1308.5(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 in the form of a permit to employ a minor in the entertainment industry is required for any minor, not otherwise exempted by this chapter, for any of the following:
(1)CA Labor Code § 1308.5(a)(1) The employment of any minor, in the presentation of any drama, legitimate play, or in any radio broadcasting or television studio.
(2)CA Labor Code § 1308.5(a)(2) The employment of any minor 12 years of age or over in any other performance, concert, or entertainment.
(3)CA Labor Code § 1308.5(a)(3) The appearance of any minor over the age of eight years in any performance, concert, or entertainment during the public school vacation.
(4)CA Labor Code § 1308.5(a)(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 p.m., in the presentation of a performance, play, or drama continuing from an earlier hour until after 10 p.m., to continue his or her part in such presentation between the hours of 10 p.m. and midnight.
(5)CA Labor Code § 1308.5(a)(5) The appearance of any minor in any entertainment which is noncommercial in nature.
(6)CA Labor Code § 1308.5(a)(6) The employment of any minor artist in the making of phonograph recordings.
(7)CA Labor Code § 1308.5(a)(7) The employment of any minor as an advertising or photographic model.
(8)CA Labor Code § 1308.5(a)(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)CA Labor Code § 1308.5(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.

Section § 1308.6

Explanation

This law section states that consent for a minor to work in performances, concerts, or entertainment can only be given if certain conditions are satisfied. These conditions ensure that the work environment is suitable, the job won't harm the minor's health, and the minor's education remains unaffected. Additionally, the Labor Commissioner may have investigations conducted to ensure these criteria are met.

No consent shall be given at any time unless the officer giving it is satisfied that all of the following conditions are met:
(a)CA Labor Code § 1308.6(a) The environment in which the performance, concert, or entertainment is to be produced is proper for the minor.
(b)CA Labor Code § 1308.6(b) The conditions of employment are not detrimental to the health of the minor.
(c)CA Labor Code § 1308.6(c) The minor’s education will not be neglected or hampered by his or her participation in the 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.

Section § 1308.7

Explanation

This law limits the hours that minors can work in the entertainment industry. Minors cannot work more than eight hours in a day or 48 hours in a week. They are prohibited from working before 5 a.m. or after 10 p.m. on nights before school. However, they can work until 12:30 a.m. on nights before non-school days.

A 'schoolday' is defined as a day when a minor has school for at least 240 minutes. If someone breaks this law, they could face a fine between $500 and $1,000, or up to 60 days in jail, or both.

(a)CA Labor Code § 1308.7(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 nonschoolday until 12:30 a.m. of the nonschoolday.
(b)CA Labor Code § 1308.7(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)CA Labor Code § 1308.7(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.

Section § 1308.8

Explanation

This law states that infants under one month old cannot work in the entertainment industry unless a doctor, specifically certified in pediatrics or family medicine, confirms in writing that the baby is at least 15 days old and physically ready for the job. This includes being born full-term, having a normal birth weight, and having sufficiently developed lungs, eyes, heart, and immune system.

If a parent, guardian, or employer violates this rule, they can be fined between $2,500 and $5,000, face up to 60 days in jail, or receive both penalties.

(a)CA Labor Code § 1308.8(a) No infant under the age of one month may be employed in the entertainment industry unless a licensed physician and surgeon who is board certified in either pediatrics or family medicine provides written certification that the infant is at least 15 days old and, in their medical opinion, the infant was carried to full term, was of normal birth weight, is physically capable of handling the stress of working in the entertainment industry, and the infant’s lungs, eyes, heart, and immune system are sufficiently developed to withstand the potential risks.
(b)CA Labor Code § 1308.8(b) Any parent, guardian, or employer of a minor, and any officer or agent of an employer of a minor, who directly or indirectly violates subdivision (a), or who causes or suffers a violation of subdivision (a), with respect to that minor, is guilty of a misdemeanor punishable by a fine of not less than two thousand five hundred dollars ($2,500) nor more than five thousand dollars ($5,000), by imprisonment in the county jail for not more than 60 days, or by both that fine and imprisonment.

Section § 1308.9

Explanation

This law explains the rules for obtaining permission to employ a minor under a specific type of contract, known as a Coogan Trust Account contract. If the Labor Commissioner gives written consent for such employment, this consent is only valid for 10 business days unless it's accompanied by proof that a Coogan Trust Account has been set up for the minor. With this proof, the consent remains valid for six months.

Additionally, an employer can't apply for permission to hire the same minor more than once every six months. If multiple consents are mistakenly issued within a six-month period, only the first issued consent is valid, and all others are void.

(a)CA Labor Code § 1308.9(a) If the Labor Commissioner provides written consent pursuant to Section 1308.5 for the employment of a minor under a contract described in Section 6750 of the Family Code, that consent shall be void after the expiration of 10 business days from the date written consent was granted, unless it is attached to a true and correct copy of the trustee’s statement evidencing the establishment on behalf of the minor of a “Coogan Trust Account” pursuant to Chapter 3 (commencing with Section 6750) of Part 3 of Division 11 of the Family Code. If the written consent is attached to a true and correct copy of that trustee’s statement, the written consent shall be valid for a six-month period.
(b)CA Labor Code § 1308.9(b) A person may not apply for the written consent of the Labor Commissioner to employ the same minor under a contract described in Section 6750 of the Family Code more than once in any six-month period. If written consent is issued by the Labor Commissioner for the employment of the same minor more than once within any six-month period, the earliest dated written consent shall be valid and any other written consent issued during that six-month period shall be void.

Section § 1308.10

Explanation

Before hiring a minor under 16 in certain jobs, a temporary work permit can be issued by the Labor Commissioner. This is mainly to help parents set up a trust account or provide necessary documents for a full permit. The temporary permit is valid for up to 10 days.

A temporary permit cannot be issued if the minor's parent or guardian has gotten a permit for the minor before. For infants, specific additional requirements must be met before a temporary permit is granted. Applications for permits can be submitted and paid for online, and the fee is capped at $50 to cover the program costs.

(a)CA Labor Code § 1308.10(a) Prior to the employment of a minor under the age of 16 years in any of the circumstances listed in subdivision (a) of Section 1308.5, the Labor Commissioner may issue a temporary permit authorizing employment of the minor to enable a parent or guardian of the minor to meet the requirement for a permit under subdivision (a) of Section 1308.5 and to establish a trust account for the minor or to produce the documentation required by the Labor Commissioner for the issuance of a permit under Section 1308.5, subject to all of the following conditions:
(1)CA Labor Code § 1308.10(a)(1) A temporary permit shall be valid for a period not to exceed 10 days from the date of issuance.
(2)CA Labor Code § 1308.10(a)(2) A temporary permit shall not be issued for the employment of a minor if the minor’s parent or guardian has previously applied for or been issued a permit by the Labor Commissioner pursuant to Section 1308.5 or a temporary permit pursuant to this section for employment of the minor.
(3)CA Labor Code § 1308.10(a)(3) For infants who are subject to the requirements of Section 1308.8, a temporary permit shall not be issued before the requirements of that section are met.
(4)CA Labor Code § 1308.10(a)(4) The Division of Labor Standards Enforcement shall prepare and make available on its Internet Web site the application form for a temporary permit. An applicant for a temporary permit shall submit a completed application and application fee online to the division. Upon receipt of the completed application and fee, the division shall immediately issue a temporary permit.
(b)CA Labor Code § 1308.10(b) The Labor Commissioner shall set forth the fee in an amount sufficient to pay for the costs of administering the online temporary minor’s entertainment work permit program, but not to exceed fifty dollars ($50).

Section § 1308.11

Explanation

This law specifies that all registration and permit fees collected under this chapter should be put into the Labor Enforcement and Compliance Fund. Additionally, as of June 27, 2016, any remaining money and all financial responsibilities related to the Entertainment Work Permit Fund were to be transferred to the same fund.

(a)CA Labor Code § 1308.11(a) All registrations, fees, and permit fees collected under this chapter shall be deposited in the Labor Enforcement and Compliance Fund.
(b)CA Labor Code § 1308.11(b) On June 27, 2016, any moneys in the Entertainment Work Permit Fund and any assets, liabilities, revenues, expenditures, and encumbrances of that fund shall be transferred to the Labor Enforcement and Compliance Fund.

Section § 1309

Explanation

If someone hires, employs, or uses a minor under 16 or 18 years for certain prohibited activities, it's a misdemeanor with a fine of $1,000 to $5,000, or up to six months in jail, or both.

If someone intentionally breaks this rule, fines can go up to $10,000, or six months in jail, or both.

You can only be jailed if you've been convicted of a similar offense before.

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. A person shall not be imprisoned under this section, except for an offense committed after the conviction of that person for a prior offense under this chapter.

Section § 1309.5

Explanation

This section requires anyone who sells or distributes films, photographs, slides, or magazines featuring minors (under 18) engaged in sexual conduct to keep records of the names and addresses of the sources of such materials. These records must be maintained for three years and are only accessible to law enforcement upon request. Retailers also have the same obligation to keep such records confidentially for three years. Failing to maintain these records or improperly disclosing them, outside of law enforcement duties, is considered a misdemeanor.

(a)CA Labor Code § 1309.5(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 18 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 311.4 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 830.1 and subdivision (h) of Section 830.3 of the Penal Code upon request.
(b)CA Labor Code § 1309.5(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 311.4 of the Penal Code, shall keep a record of the names and addresses of persons from whom this material is acquired. These 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 830.1 and subdivision (h) of Section 830.3 of the Penal Code upon request.
(c)CA Labor Code § 1309.5(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.

Section § 1309.6

Explanation

If someone breaks Section 1309.5, they can be fined up to $7,500 for each offense. The fine is collected through a legal action taken by officials like the Attorney General or local attorneys in California.

If the Attorney General sues and collects the fine, the money is split equally between the county and the state. If a district attorney or county counsel handles it, the county gets all the money. If a city attorney or prosecutor takes action, the fine is divided equally between the city and the county.

(a)CA Labor Code § 1309.6(a) Any person who violates any provision of Section 1309.5 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 recovered 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)CA Labor Code § 1309.6(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.

Section § 1310

Explanation

This law section outlines situations where minors are allowed to participate in certain activities without the restrictions that might normally apply. These situations include participating in church, school, or community events, school or charity entertainments that don't charge admission, radio or TV broadcasts without compensation, and events lasting no more than four hours when a parent or guardian is present. Additionally, these must occur on a day when school isn't required or the day before.

This chapter and Chapter 3 (commencing with Section 1390) do not prohibit or prevent any of the following:
(a)CA Labor Code § 1310(a) The appearance of any minor in any church, public or religious school, or community entertainment.
(b)CA Labor Code § 1310(b) The appearance of any minor in any school entertainment or in any entertainment for charity or for children, for which an admission fee is not charged.
(c)CA Labor Code § 1310(c) The appearance of any minor in any radio or television broadcasting or digital exhibition, if the minor does not receive compensation directly or indirectly therefor, the engagement of the minor is limited to a single appearance lasting not more than one hour, and an admission fee is not charged for the radio or television broadcasting or digital exhibition.
(d)CA Labor Code § 1310(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, if a parent or guardian of the minor is present, for which the minor does not directly or indirectly receive any compensation.

Section § 1311

Explanation

This law states that the Division of Labor Standards Enforcement is responsible for making sure the rules in this chapter are followed.

The Division of Labor Standards Enforcement shall enforce this chapter.

Section § 1311.5

Explanation

The Child Labor Protection Act of 2014 sets special rules for claims related to unlawful employment practices involving minors. If a minor is affected by an illegal work practice, they have until they turn 18 to start legal action. This giving of extra time is called 'tolling the statute of limitations.'

If a minor is fired, threatened, or treated unfairly because they made a legal complaint or lawsuit about a workplace issue that happened while they were underage, they can receive triple the usual damages.

Additionally, any severe violation involving children 12 or younger can result in fines from $25,000 to $50,000 per violation.

(a)CA Labor Code § 1311.5(a) This section shall be known and may be cited as the Child Labor Protection Act of 2014.
(b)CA Labor Code § 1311.5(b) The statute of limitations for claims arising under this code shall be tolled until an individual allegedly aggrieved by an unlawful practice attains the age of majority. This subdivision is declaratory of existing law.
(c)CA Labor Code § 1311.5(c) In addition to other remedies available, an individual who is discharged, threatened with discharge, demoted, suspended, retaliated against, subjected to an adverse action, or in any other manner discriminated against in the terms or conditions of his or her employment because the individual filed a claim or civil action alleging a violation of this code that arose while the individual was a minor, whether the claim or civil action was filed before or after the individual reached the age of majority, is entitled to treble damages.
(d)CA Labor Code § 1311.5(d) A class “A” violation, as defined in subdivision (a) of Section 1288, that involves a minor 12 years of age or younger shall be subject to a civil penalty in an amount not less than twenty-five thousand dollars ($25,000) and not exceeding fifty thousand dollars ($50,000) for each violation.

Section § 1312

Explanation

This law allows the Attorney General or a county district attorney to independently take legal action, whether civil or criminal, against violations of this chapter. They can act based on their own initiative or on complaints from others, without needing instructions from the director.

This chapter does not 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 chapter, or to enforce the provisions thereof independently and without specific direction of the director.