Owners of real property who knowingly benefit from child labor violations are subject to all applicable civil penalties, regardless of whether the person is the minor’s employer.3

If a garment manufacturer commits two violations involving child labor, minimum wage, maximum hours of labor or a combination of these within a two-year period, then the Labor Commissioner can require them to post a surety bond. If a subsequent violation occurs within a two-year period, the Labor Commissioner can suspend a garment manufacturer’s registration for up to one year and confiscate any partially or fully assembled garments.4

Minor workers are also protected just like other workers by state labor, employment and civil rights laws and an employer can be liable for violations of these laws.

A child worker’s immigration status is not relevant to the issue of whether the employer violated the law or what remedies are available to the worker (unless the remedy is directly prohibited by federal law).

Civil Penalties for Incorrectly Employing Minors

Violations of child labor laws carry serious penalties. California law provides two types of civil penalties for violations of child labor laws: Class A and Class B.5

The statute of limitations for claims that arise from violations of employment laws while someone is a minor is tolled, in other words, delayed or suspended until the minor is 18 years of age. In addition, treble damages are allowed if an individual is discriminated against or retaliated against because they filed a claim or civil action alleging a violation of employment laws that occurred while they were a minor.6

Class A Violations of Child Labor Laws

The more severe violations, Class A, generally involve underage employment in hazardousoccupations. Class A violations include violations of laws relating to:

• Manufacturingand underage employment7
• Hazardous occupations8
• Door-to-door sales9
• Eight-hour days10
• Hazardous activities11
• Any other violations that the DIR’s director determines present an imminent danger to minor employees or a substantial probability that death or serious physical harm would result12

The violation of work hour limitations13 for the third or subsequent occasion also constitutes a Class A violation.14 Class A violations incur penalties of not less than $5,000 and up to $10,000 for each and every violation.15

If the class A violation involves a minor 12 years of age or younger, the penalty will be at least $25,000 and up to $50,000 for each and every violation.16

Class B Violations of Child Labor Laws

Class B violations include violations of laws relating to:

• Work permits17
• The entertainment industry18
• Other violations that the DIR’s director determines have a direct or immediate relationship to the health, safety or security of minor employees other than Class A violations19

The violation of work hour limitations20 is a $500 Class B violation upon the first violation and a $1,000 Class B violation on the second violation.21 Class B violations carry civil penalties of not less than $500 and up to $1,000 for each and every violation.22 In addition, you can be liable for civil penalties for failure to:

• Pay the applicable minimum wage23
• Carry workers’ compensation insurance24
• Provide a written deduction statement25

Federal Penalties for Violating Child Labor Laws

Civil penalties are available under federal law for violation of child labor laws.26 The penalties include up to $55,808 for each child labor violation that causes the deathor serious injury of any minor employee. The amount can be doubled up to $111,616 if the violations are determined to be willful or repeated. You can also be assessed civil penalties up to $12,278 for each employee who is subject to the child labor provisions and for whom a violation occurs. In addition, you can be assessed civil penalties for each willful or repeated violation of the minimum wage or overtime pay provisions of federal law.

Criminal Penalties for Violating Child Labor Laws

Criminal violations of child labor laws are misdemeanors punishable by fines ranging up to $10,000, or by confinement in the county jail for periods of up to six months or by both fine and imprisonment.27

Social Compliance Audit Reports

• Effective January 1, 2025, employers that opt to voluntarily undertake a “social compliance audit” will be required to post a clear and conspicuous link on their website to a report detailing the audit’s findings regarding the employer’s compliance with child labor laws.28

A social compliance audit is “a voluntary, nongovernmental inspection or assessment of an employer’s operations or practices to evaluate whether the operations or practices are in compliance with state and federal labor laws, including, but not limited to, wage and hour and health and safety regulations, including those regarding child labor.”29

Though the audit may cover a variety of issues, the specified report must include certain information related only to child labor law compliance, including the following information:30

• The year, month, day, and time the audit was conducted, and whether the audit was conducted during a day shift or night shift.
• Whether the employer did or did not engage in, or support the use of, child labor.
• A copy of any written policies and procedures the employer has and had regarding child employees.
• Whether the employer exposed children to any workplace situations that were hazardous or unsafe to their physical and mental health and development.
• Whether children worked within or outside regular school hours, or during night hours, for the employer.
• A statement that the auditing company is not a government agency and is not authorized to verify compliance with state and federal labor laws or other health and safety regulations.

1. Lab. Code secs. 1294.1, 1290