EmployeesWorking Hours
Section § 1390
This law section explains the definitions of certain terms in the context of the chapter it's part of. Here, 'horticultural' refers to activities like curing and drying all types of fruit but does not include canning them. Additionally, 'drama' or 'play' also covers the creation of motion picture plays.
Section § 1391
This section outlines specific rules about working hours for minors in California. For those 15 and under, they can't work over 8 hours a day, 40 hours a week, or outside 7 a.m. to 7 p.m., except up to 9 p.m. during summer. When school is in session, 14 and 15-year-olds are limited to 3 hours per schoolday and 18 hours per week, though exceptions allow up to 23 hours if part of a school program. For 16 and 17-year-olds, work is capped at 8 hours per day and 48 hours per week, with no work before 5 a.m. or after 10 p.m. on school nights, though they can work later before nonschool days. When school is on, they're limited to 4 hours on schooldays, unless they have special permits or are in certain programs. Violating these rules can result in fines and possibly jail. Delivering newspapers isn't subject to these restrictions.
Section § 1391.1
Minors aged 16 to 17 who are enrolled in certain approved educational programs can work until 12:30 a.m. if it's not harmful to their well-being and they have permission from their parents and program coordinator. If they work between 10 p.m. and 12:30 a.m., they must be paid at least the same minimum wage as adults.
Section § 1391.2
This law allows minors under 18 who have completed high school, or an equivalent education, or received a proficiency certificate, to work the same hours as adults in the same jobs.
Additionally, employers must pay these minors the same wages as adults if they perform the same work. However, differences in pay are allowed if they're based on seniority, skill, duties, or other reasonable factors.
Section § 1392
This law states that if someone has a minor under their control, like a ward or apprentice, and has them work more than eight hours in a day (unless it's household work), they are committing a misdemeanor.
Section § 1393
This section of the law allows the Labor Commissioner to grant special exemptions to agricultural packing plants so they can employ 16 and 17-year-olds for up to 10 hours a day during peak harvest season on days when school is not in session. These exemptions are only permitted if they do not compromise the minors' safety or welfare, and help prevent employers from facing major difficulties.
The exemption must be provided in writing and can be revoked if necessary, with the reasons for revocation clearly stated in a written notice. Employers must apply for these exemptions using a form from the Labor Commissioner, and a copy of the application must be displayed at the workplace when filed.
Section § 1394
This law allows minors to work in agricultural, horticultural, viticultural, or domestic jobs during non-school hours or when schools are not in session, as long as they are working under the supervision of a parent or guardian on properties owned or controlled by them. However, children who are not yet of school age cannot work in these roles when school is in session.
Additionally, minors can work full-time if they meet legal employment requirements and are exempt from mandatory school attendance according to another education law.
Section § 1398
This law states that the Division of Labor Standards Enforcement is responsible for making sure that the rules and regulations in this chapter are followed.
Section § 1399
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.