Employers in California must follow strict rules when hiring 16-year-olds, including limitations based on school attendance. Work hours vary depending on school sessions, permits, and participation in approved vocational education programs.
By Brad Nakase, Attorney
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The non-availability of candidates, especially in the hospitality industry, is causing many companies to resort to recruiting minors in their list of skilled applicants. Nevertheless, those employers willing to employ minors should obey some norms and regulations.
Although the FLSA (Fair Labor Standards Act) governs the job possibilities of children, including the industries and hours they are permitted to work, California has its own regulations that are usually more stringent than the FLSA. A common question employers and parents ask is: “How many hours can you work at 16?”
An outline of what California employers must know about hiring minors is provided below:
Minors aged 12-15 who have not completed high school or their equivalent must undergo full-time high school.
A 16 or 17-year-old is not required to attend high school in case they have acquired either a high school diploma or certificate of proficiency. They must, however, spend at least four hours a week in continuing school if they have a regular job and have not completed high school or its equivalent.
This condition directly affects the question “How many hours can you work at 16?” since school attendance impacts the total number of hours available for employment.
Employers must, with rare exceptions, obtain a work permit from the minor’s school prior to hiring them, unless the minor has completed high school or its equivalent. Prior to the minor performing any duties, including training or orientation, even if they do not carry out any real job obligations, the employer must obtain a work permit after agreeing to employ the minor. When deciding whether to grant a work permit, the school may choose to limit the number of hours the minor can work, grant permission to work for the maximum number of hours permitted by law, or not grant a permit at all.
Work Permits
Legislation may limit work hours, which in turn impacts “How many hours can you work at 16?” Minor workers are not permitted to work an infinite number of hours, and their work schedule may vary according to their age & the academic calendar.
1. When classes are in session:
Again, “How many hours can you work at 16?” depends not only on age but also on the school calendar.
2. When classes aren’t in session:
So if you’re asking, “How many hours can you work at 16 during the summer?” the answer is generally more than during the school year, but never unlimited.
3. 16 and 17-year-old youth participating in a cooperative vocational curriculum or work experience that has been authorized by the California Department of Education are permitted to be employed until 12:30 am on any given day and more than eight hours on any school day.
4. 14 and 15-year-olds may be granted permission to work full-time jobs and participate in job-based education programs if:
In addition to receiving any legally mandated meal and rest breaks, minors have to be paid no less than the minimum wage and any applicable overtime rates. When they’re doing the same amount, caliber, and type of labor as adults, graduates of high school or their equivalents must be compensated accordingly. Wage rates over the minimum wage are included in this.
Child labor violations are punishable by severe civil & criminal sanctions. Working in dangerous jobs is typically the subject of harsher civil sanctions. Serious infractions of child labor regulations are misdemeanors that carry penalties of as much as $10,000, jail sentences of as long as six months, or both.
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