Complying with Child Labor Laws: Information for Employers

Summary

Complying with Child Labor Laws: Information for Employers

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Complying With Child Labor Laws: 
Information for Employers 
Prior to permitting the minor to work, employers must possess  
a valid Permit to Employ and Work. 
• The minor’s school issues the permit. In typical circumstances, after an 
employer agrees to hire a minor, the minor obtains from their school a 
form with the title “Statement of Intent to Employ Minor and Request for 
Work Permit” (“Application”). (EC 49162)
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• The application is completed by the minor and the employer and signed 
by the minor’s parent or guardian and the employer. (EC 49163)
• After returning the completed and signed application to the school, 
school officials may then issue the Permit to Employ and Work.  
(EC 49110–49113 and 49130) 
Employers must have a Permit to Employ and Work on file and available  
for inspection by school and labor officials at all times. (LC 1299 2, EC 49161  
and 49164)
• Permits to Employ and Work are issued on the same form. Permits are 
always required, even when school is not in session. Permits are issued 
for specific employment at a specified address. (EC 49115 and 49163)
• Permits contain the maximum number of hours a minor may work  
in a day and week, the range of hours during the day that a minor  
may work, any limitations, and any additional restrictions imposed  
at the school’s discretion. 
• Permits issued during the school year expire five days after the opening  
of the next succeeding school year and must be renewed. (EC 49118)
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1 Education Code (EC) 
2 Labor Code (LC)

• Permits to Employ and Work may be denied or canceled at any time by school officials or the Labor 
Commissioner, whenever the conditions for the issuance of the certificate or permit do not exist,  
no longer exist, or never existed. (LC 1300 and EC 49164) 
• School officials who determine that school work or health of the minor is impaired by the employment  
may revoke the permit. (EC 49116) 
Employers have additional recordkeeping and training  
obligations when employing minors. 
• Employers must keep a record for three years of the minor employee’s names, 
date of birth, and addresses, and maintain for minor employees the same 
payroll and timekeeping records required for all employees.  
(LC 1299 and 1174–1175)
• In 2020, California passed a bill that expanded the definition of a mandated 
reporter. Under the law, a California employer with five or more employees 
that employs minors must provide training on identification and reporting  
of child abuse and neglect to the following classes of mandated reporters:  
All human resources employees, and all adults whose duties require direct 
contact with and supervision of minors in the performance of the minors’ 
duties in the workplace. (AB 1963)
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Minors must be paid at least the same prevailing  
minimum wage as any adult.
• Minors are protected from wage theft, and employers cannot take tips or deduct wages illegally.  
(LC 1196, IWC Orders Section 4)
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Table of Key Limitations
Workers Age 16 and 17 Workers Age 14 and 15
When school is in session
4 hours per day on a school day 
or 8 hours on a non-school day. 
Limited to 48 hours per week.
3 hours per school day outside  
of school hours or 8 hours on  
a non-school day. Limited to 18 
hours per week.
When school is not  in session
8 hours per day. Limited to 48 
hours per week.
8 hours per day. Limited to 40 
hours per week. 
3 Assembly Bill (AB) 
4 Industrial Welfare Commission (IWC)
For More Information on Child Labor Law:
www.dir.ca.gov/dlse/MinorsSummaryCharts.pdf
Contact the Labor Commissioner’s Office:
Call (833) 526-4636 or visit www.dir.ca.gov/dlse
for local office locations and phone numbers. PAGE 2

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  PAGE 1 Complying With Child Labor Laws: Information for Employers Prior to permitting the minor to work, employers must possess a valid Permit to Employ and Work. • The minor’s school issues the permit. In typical circumstances, after an employer agrees to hire a minor, the minor obtains from their school a for…

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  of child abuse and neglect to the following classes of mandated reporters: All human resources employees, and all adults whose duties require direct contact with and supervision of minors in the performance of the minors’ duties in the workplace. (AB 1963) 3 Minors must be paid at least the same prevailing minim…