Kids Back to Work!
For generations now, the number of minors in the workforce has been on the decline, but in recent years the worsening economy has sent many kids back into jobs while in high school, as their parents had less expendable income to hand out or help pay for college.
So Just What are the Rules for Employing Minors?
California has one of the largest groups of working minors in the US, simply because of the film and television industries. But many kids also work in the food industry while in school, as well as other jobs. Because working with minors can carry stiff penalties, the laws should be well known.
While most of us would not consider a 17 year old too much of a child, they still qualify as a minor in the workforce. This can be easily overlooked and employers can make costly mistakes. If you have been a working minor it may be worth checking your records to see if you are owed penalties. California Labor Code considers any employee under 18 who does not yet have a high school diploma or equivalent as a minor. All such workers must have a worker’s permit, though workers under 18 years old who have already graduated or received a GED are exempt from permit requirements. Minors also carry strict hours worked restrictions. If, however, they are graduated from high school and no longer the educational statute of a minor, these will not apply.
Work Permit Required
The State of California attempts to protect minors by requiring a work permit which must be signed off on with approval confirming academic standings. Should an employer hire a minor, they are required to have all permits on hand and up to date for any labor or educational review. Any work permit in CA is required to be signed by the parent or legal guardian. In addition, for minors under a specific age, a Coogan account is required to get the work permit issued. This is an earnings account that must hold a percentage of the minor’s earnings to protect them from being sent to work by parents who want the money.
Minor Wage Requirements
Any minor employed in California is protected by the same rights and wage laws. This includes minimum wage and overtime requirements.
Hours Allowed For Minors on the Job
When the school district where the minor resides is in session, minors 16 to 17 years old may work a maximum of four hours on any school day, or eight hours on a non-school day. The minor’s hours cannot exceed 48 hours in a week, regardless of whether or not they receive overtime pay.
Minors 14 to 15 years of age can work a maximum of three hours on a school day, or eight on a non school day, but with a maximum of 18 hours in a week.
There are, however, different guidelines for minors working in film and television where a full day is required. These rules are much more involved and usually require that the production provide an on-set teacher or tutor to make sure all necessary educational requirements are met.
United Employees Law Group specializes in wage and hour law, including mismanagement of minors in the workforce. If your son or daughter was employed while a minor or you believe you were not paid properly as a minor, we are waiting to review your case now. Call for your free consultation before time is up to file your claim.
Photo Credit: Shutterstock/Ermolaev Alexander