An Administrator's Guide to California Private School Law

Chapter 6 – Wage And Hour Laws

C. R ESTRICTIONS ON O CCUPATIONS Significant restrictions exist under California and federal law that prohibit the employment of minors in many occupations declared hazardous. For example, minors under 18 may not be employed or permitted to work in occupations such as motor vehicle driver or outside helper. 765 In another example, minors under 16 may not be employed in the occupations of cooking or baking. 766 D. H OURS W ORKED Labor Code section 1391 provides that no minor can be employed more than eight hours in any workday. Minors 15 years or younger may not be employed more than 40 hours in any one week. However, minors who are 16 or 17 years of age may work up to 48 hours in a workweek. A minor is entitled to overtime for all work over 40 hours in any workweek. Additionally, the IWC Orders provide that minors 15-17 years old who are not required by law to attend school may be employed for the same hours as an adult, and are subject to the same overtime pay requirements as adults. 767 Minors must be paid at least minimum wage. 768 SUMMARY CHART OF HOURS MINORS MAY WORK Ages 16 & 17 Must have completed 7th Grade to work while school in session. (Education Code § 49112) Ages 14 & 15 Must have completed 7th Grade to work while school in session. (Education Code § 49112) Ages 12 & 13

When school is in session.

4 hours per day on any school day. (Education Code §§ 49112, 49116; Labor Code §1391) 8 hours on any non-school day or on any day preceding a non-school day. (Education Code §49112; 49116; Labor Code §1391) 48 hours per week. (Labor Code § 1391) Work Experience Education students may work more than 4 hours

3 hours per school day outside of school hours. (Education Code §§ 49112, 49116; Labor Code § 1391) 8 hours on any non-school day. (Labor Code § 1391) 18 hours per week (Education Code § 49116; Labor Code § 1391) Work Experience Education students may work up to a total of 23 hours per week, including work during school hours. (Education Code §49116; Labor Code § 1391)

May be employed only during school holidays and vacations. (Education Code § 49111) Not eligible for Work Experience Education programs. (Education Code § 49113)

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 198