EmployeesOccupational Privileges and Restrictions
Section § 1285
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.
Section § 1286
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.
Section § 1287
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.
Section § 1288
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.
Section § 1289
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.
Section § 1290
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.
Section § 1291
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.
Section § 1292
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.
Section § 1293
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.
Section § 1293.1
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.
Section § 1294
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.
Section § 1294.1
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.
Section § 1294.3
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.
Section § 1294.4
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.
Section § 1294.5
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.
Section § 1295
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).
Section § 1295.5
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.
Section § 1296
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.
Section § 1297
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.
Section § 1298
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.
Section § 1299
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.
Section § 1300
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.
Section § 1301
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.
Section § 1302
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.
Section § 1303
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.
Section § 1304
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.
Section § 1305
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.
Section § 1307
Section § 1308
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.
Section § 1308.1
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.
Section § 1308.2
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.
Section § 1308.3
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.
Section § 1308.4
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.
Section § 1308.5
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.
Section § 1308.6
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.
Section § 1308.7
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.
Section § 1308.8
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.
Section § 1308.9
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.
Section § 1308.10
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.
Section § 1308.11
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.
Section § 1309
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.
Section § 1309.5
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.
Section § 1309.6
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.
Section § 1310
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.
Section § 1311
This law states that the Division of Labor Standards Enforcement is responsible for making sure the rules in this chapter are followed.
Section § 1311.5
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.
Section § 1312
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.