Introduction
Because summer is just around the corner, a host of companies are looking to hire students from local high schools. Employers, regardless of whether the workers are full-time or seasonal, need to know some details. The California Wage Orders, California Labor Code, California Education Code, and the FLSA (Fair Labor Standards Act) all govern child work.
Who is considered a minor?
Anybody below the age of 6 is regarded as a minor, as is anyone below the age of eighteen who must attend school.
Who requires a work permit, and what does that mean?
Every youngster who hasn’t received a certification of proficiency or finished high school needs to have a current work permit. Even if the youngster is only employed seasonally or it’s summer, this is still the case.
If a business wants to hire a youngster, the first thing they need to make sure of is that they have an active permit to work. Even in the summer, permission is still needed, and it’s important to remember that work permits expire five days before the next school year begins. Before the minor performs any job for the business, the permit must be obtained and kept in the child’s personnel file.
How many hours a week can a minor work?
This is a question every employer should be able to answer before scheduling student employees. How many hours a week can a minor work?
Depending on the minor’s age and if school is in session, there are restrictions on how many hours and times they can work. For minors to work during the school day, they typically need to have finished the seventh grade. The following criteria still apply to minors attending hybrid or remote schools.
1. Sixteen and seventeen years old
Exception: If a minor is participating in a cooperative vocational curriculum or work experience that has been recognized by the Department of Education (California), they are permitted to work up to eight hours on school days and until 12:30 am on any other day.
On school days, they may work for a maximum of four hours, and on non-school days and the days prior to non-school days, they can function up to eight hours. They are able to work as many as eight hours a day while school isn’t in session. Between the times of 5 am and 10 pm, they are able to work for a maximum of 48 hours a week. Prior to non-school days, they might work till 12:30 am.
Employers must always be mindful of how many hours a week a minor can work in this age group to stay compliant.
2. Fourteen and fifteen years old
Exception: The minor may work during the school day and a maximum of 23 hours a week if they are enrolled in a cooperative vocational course or work experience that has been authorized by the Department of Education (California).
On school days, kids can work for a maximum of three hours, and on non-school days, up to eight hours. They are able to work between 7 am and 7 pm, and a maximum of eighteen hours a week. They are eligible to work till 9 p.m. from June 1 to Labor Day.
How many hours a week can a minor work? Knowing this is critical, especially when school is out.
3. Twelve and thirteen years old
Employers asking how many hours a week a minor can work should take extra care when hiring minors under 14, as their allowable hours are tightly controlled.
They are only permitted to work on the weekends and during school breaks, never on regular school days. They are capable of working eight hours a day and forty hours a week. They are permitted to work from 7 am to 7 pm, and from June 1 to Labor Day, they’re allowed to work till 9 pm, just like fourteen and fifteen-year-olds.
What duties are acceptable for minors?
Job limits differ depending on the minor’s age and sector. In general, children are not allowed to work in any profession that is deemed dangerous.
Among the examples are:
- Fourteen and fifteen-year-olds are only permitted to cook in front of patrons and when it isn’t their main responsibility.
- Under-16s are not permitted to pursue employment in the bakery industry.
- Certain baking equipment and power-driven food processing equipment are off-limits to minors.
- Minors are not permitted to work in any establishment where the primary function is to offer alcoholic drinks for on-site consumption (this covers every position)
- In a legitimate public dining place where alcohol is offered, minors can bus tables.
- A person 21 years of age or older must be present at all times when minors are selling lottery tickets or alcoholic drinks for off-site payment.
What are my wage & hour duties to minors?
Minors must be paid at least the appropriate minimum wage by their employers. Furthermore, legally compliant rest and meal intervals, overtime pay, and compensation insurance must be given to adolescents who are non-exempt employees. A minor must receive the same compensation as adults if they have completed high school.
Penalties for breaking laws pertaining to child labor
There are both civil & criminal sanctions for breaking child labor regulations. The range of civil fines for each juvenile involved in a violation is 500 to 10 thousand dollars. Criminal infractions are misdemeanors that carry a maximum 6-month jail sentence and/or a $10,000 fine.
Employers often ask: How many hours a week can a minor work? The answer depends heavily on age, school status, and whether the minor is in a special program. Employers must check this each time they hire a minor and before assigning work hours. With strict state and federal guidelines, ‘How many hours a week can a minor work?’ is not just a question—it’s a legal obligation to get it right.