High school graduates under the age of 18 are not subject to the compulsory education laws, and therefore are entirely excluded under California law from permit requirements, work hour restrictions, and all occupational prohibitions. However, under federal regulations, high school graduates under 18 cannot be employed in an occupation prohibited to minors under 18 unless they also have completed a bona fide course of training in that occupation.1

School dropouts are covered by California’s compulsory education laws and thus are covered by all state child labor requirements. Emancipated minors are covered by all California child labor laws, except that they can apply for a work permit without their parents’ permission.2

This topic contains the following information:

• Child Labor Exceptions for Parents and Guardians
• Record Keeping and Employing Minors
• Mandated Reporters
• Farm Employer Postings About Minors
• Door-to-Door Sales Registration and Minors

Child Labor Exceptions for Parents and Guardians

Generally, when parents or guardians employ their minor children they must meet all of the child labor requirements that are imposed upon other employers, including obtaining work permits. Parents or guardians who employ their minor children in “manufacturing, mercantile or similar commercial enterprises” must obtain work permits.3 This phrase is broadly construed to mean any business in which parents or guardians employ their children.

The only parent or guardian employers who are exempt from California child labor laws are those who employ their minor children in agriculture, horticulture, viticulture or domestic labor on or in connection with premises that the parent or guardian owns, operates or controls.4 These parent or guardian employers are uniquely exempt from work permit requirements, most work hour restrictions and hazardous occupation prohibitions. Parents and guardians cannot employ minors in these exempted occupations during school hours, even if the minor is under school age.5 Under federal law, minors employed on a farm owned or operated by his/her parent or guardian are exempt from the FLSA’s child labor provisions, including hazardous occupations, but they cannot be employed in any mining or manufacturing occupation on the farm.6

The exemption for domestic labor does not mean a minor can be employed in the parent or guardian’s home in an occupation otherwise prohibited. Domestic labor refers to the type of duties performed — that is, household duties — not the location where labor is performed. Minors cannot be freely employed to manufacture goods in their parents’ home. They must be at least 16 and possess a homeworker permit issued by the Labor Commissioner, in addition to possessing a work permit issued by the minor’s school.7

Similarly, under federal law, parents do not have carte blanche when they employ their own children. Parents or guardians cannot employ their minor children under 16 in mining or manufacturing, nor can they employ their children in the occupations declared hazardous for people under 18.8 Under federal law, parents or guardians can employ their children under 16 in any other occupation. However, where state law imposes a more protective occupational standard, that standard applies to parent employers. State law does not permit parents or guardians to employ their underage children in prohibited occupations, except in agriculture on premises the parent or guardian owns, operates or controls.9

Parent or guardian employers in these particular industries are entirely exempt from both state and federal minimum wage and overtime pay requirements. Parents and guardians need not pay their employee children any wages at all.10 The parent or guardian must be the owner of the business. If the business entity is a corporation, the minor is not directly employed by the parent and this exception does not apply.

Finally, parents and guardians have special liability for violations of certain child labor laws even when they are not the employer;11 examples include activities dangerous to the health of the minor, begging, and working in entertainment without the required permit.

Record Keeping and Employing Minors

Prior to permitting a minor to start work, you must possess a valid Permit to Employ and Work - Form B1-4. The minor’s school issues the permit. Generally, the minor obtains an application (Minors - Statement of Intent to Employ and Request for Work Permit - Form B1-1 ), completes it, has it signed by his/her parent and/or guardian and prospective supervisor, then returns it to the school. The school may then issue the permit. For more information, see Work Permit for a Minor.

You must have a Minors - Statement of Intent to Employ and Request for Work Permit - Form B1-1 on file with the school district of attendance for each minor required to attend school.12 Every employer must have a Permit to Employ and Work - Form B1-4 on file in the workplace for each minor.13

• Minors - Statement of Intent to Employ and Request for Work Permit - Form B1-1
• Permit to Employ and Work - Form B1-4

Keep records available at all times for inspection by school authorities and officers of the Division of Labor Standards Enforcement (DLSE).14 Failure to produce a Permit to Employ and Work - Form B1-4 is evidence of the illegal employment of minors and subjects you to a $500 fine for the first offense.15

You must keep a record showing the names, ages, dates of birth and addresses of all minors employed, and time and payroll records required by the applicable Industrial Welfare Commission (IWC) Wage Order for three years. You must furnish this information when requested.16

The student-learner program is for high school students of at least 16 years of age who are enrolled in vocational education courses. If you employ student-learners, you must keep a copy of the written agreement with the minor’s other employment records.17

Minors are covered by all record keeping requirements related to payment of wages. At the time you pay wages, you must furnish each of your employees a separate or detachable itemized statement of deductions.18

Mandated Reporters

The California Child Abuse and Neglect Reporting Law, originally adopted in 1980, requires certain “mandated reporters” to make formal reports to law enforcement of suspected child abuse. This includes certain human resource professionals and supervisors.19

Specifically, human resources employees working for businesses with five or more employees that employs minors are now mandated reporters under the law. The law defines “human resource employee” as someone designated by the employer to accept any complaints of discrimination, harassment, retaliation and related issues made under the California Fair Employment and Housing Act (FEHA).

Additionally, the law includes adults whose duties require direct contact with and supervision of minors in the performance of the minors' duties as mandated reporters of sexual abuse only, as defined, but not reporters of all child abuse. This also applies to businesses with five or more employees.

Covered employers (those with five or more employees that employ minors) must provide training to employees who have mandated reporting duties under the law. It must include training in child abuse and neglect identification and training in child abuse and neglect reporting. The training requirement may be met by completing the general online training for mandated reporters offered by the Office of Child Abuse Prevention in the State Department of Social Services.

Farm Employer Postings About Minors

If you are the owner, tenant or operator of a farm that employs parents who have minor children in their immediate care or custody, you must post an additional notice. This notice must state that the minor children are not allowed to work unless legally permitted and unless the proper work permits have been secured. You must post this notice in a conspicuous place on the property or place of employment, where it can be easily read.

You must furnish your own notice, which must be printed in both English and Spanish. The notice should state “minor children are not allowed to work upon the premises unless legally permitted to do so by law and unless permits to work have been secured by the minor children from duly constituted authorities.”20

Door-to-Door Sales Registration and Minors

If you employ minors under 16 in door-to-door sales more than 10 miles from the minor’s residence, you must register with the Labor Commissioner. Among other requirements, you must identify the organization, organization’s officers, employer identification (ID) number and all individuals employed to transport or in any way supervise, accompany, recruit, solicit, hire, furnish, employ, pay or otherwise direct or measure the minors’ work. The Labor Commissioner issues registration cards that the minor must carry at all times. The initial fee is $350; the annual renewal fee is $200.21

Transporters and supervisors must register separately and individually. Registration cards are issued and must be carried at all times. The initial fee is $100; the annual renewal fee is $50.22

Among other requirements, all applicants — whether employer, transporter or supervisor — must submit two sworn affidavits of character, a personal record and a set of fingerprint cards. All applicants must describe the method and level of adult supervision, the merchandise to be sold or distributed and promotional statements the minor will deliver. You must describe how the sales operation will be presented to the public. All applicants must identify all vehicles used to transport minors. All applicants must present proof of liability insurance.23

You are bound by these registration requirements for minors’ door-to-door sales if you employ minors to deliver newspapers to consumers. Any violation of the laws protecting minors is grounds for suspension, revocation or refusal to renew any registration.24

All applications for registration are subject to investigation. All statements on an application are subject to a penalty for perjury. Any false statement on an application is grounds for non-issuance, suspension or revocation of a registration and a felony.25

Exceptions to Door-to-Door Sales Registration Requirements

You are not bound by these registration requirements if you are:

• The parent or guardian of the minor
• A person acting on behalf of a bona fide trustee of charitable assets or on behalf of a charitable organization
• Part of a government agency, including schools
• Part of any religious corporation or organization that holds property for religious purposes or any officer, director or trustee who holds property for like purposes
• Part of a bona fide cemetery corporation
• Part of a bona fide political committee
• Part of a bona fide charitable corporation organized and operated primarily as a religious organization, educational institution, hospital or a licensed health care service plan26

1. 29 CFR sec. 570.50