Do minors need permits to work year-round?

The California Labor Code, the Fair Labor Standards Act (FLSA) and the Education Code all regulate employment of minors in California. Several employer misconceptions about California work permit requirements result in the issuance of civil citations and penalty assessments. With certain limited exceptions, California requires minors under 18 years of age who have not graduated from high school or obtained a “Certificate of Proficiency” to have a valid work permit.

Permits Required Year-Round

A common misconception is that work permits are not necessary during holidays and summer vacation.

This perception is incorrect.

Work permits are required year-round, even when school is not in session.

Employers often hire high school “dropouts” or married minors in the belief that the work permit requirement does not apply to these minors.

Again, this belief is incorrect.

So-called “dropouts” under 18 years old are required to attend school and must have a permit in order to work. Emancipated minors are persons under 18 who have married, are in the armed services or have become emancipated by the court, and all must have a valid permit to work.

Working for Parents

Parents also hire their minor children to work in the family business without realizing that the work permit requirements apply.

When parents/guardians employ their minor children, they must obtain work permits, as well as meet all the child labor requirements imposed upon other employers.

The only parent/guardian employers exempt from the work permit requirements are those employing their minor children in agriculture, horticulture, viticulture or domestic labor on or in connection with premises the parent/guardian owns, operates or controls.

Visiting Minors Need Permits

Another less common problem arises when a visiting minor child wants to go to work. Whether the child is visiting from another area of the state, another state or another country, a work permit must be obtained from the local school district in which the minor resides while visiting.

No Permit Sometimes

Work permits are not required in some circumstances:

• Minors who irregularly work at odd jobs, such as yard work and babysitting in private homes where the minor is not otherwise regularly employed.
• Minors who are at least 14 years old and employed to deliver newspapers.
• Minors who are self-employed.
• Minors directly employed by state and local agencies. These minors, however, are covered by the federal FLSA.

Required Forms

• The Statement of Intent to Employ Minor and Request for Work Permit.
  This form should be completed by the minor and signed by the employer and the parent/guardian of the minor. Once the form is completed, the student files it with the school district and the school district may issue a work permit.
• Permit to Employ and Work.
  The school issues the permit, and the student returns the Permit to Employ and Work to the employer. The employer must have this permit on file in the workplace for each minor.

Keep these records open at all times for inspection by school authorities and officers of the state Division of Labor Standards Enforcement.