You can, in limited circumstances, pay minors less than the minimum wage. Both state and federal law regulate these subminimum wages. The federal opportunity wage allows you to pay a subminimum rate to individuals under the age of 20 for the first 90 consecutive calendar days of employment. State law allows you to pay learners 85 percent of the minimum wage rounded to the nearest nickel. The overlapping of the state and federal standards severely limits the payment of subminimum wages in California. For a thorough discussion of the subminimum wages that California employers can pay to minors and the restrictions that apply, see “Subminimum Wages” in Minimum Wage.

• Always check with legal counsel before paying subminimum wages.

Minors Working as Apprentices

You can pay apprentices at subminimum rates, but only in accordance with federal standards.2 For the rules about paying subminimum rates, see “Subminimum Wages” in Minimum Wage.

Minors Working at Organized Camps

You can pay organized camp student employees, camp counselors or program counselors, regardless of age, a weekly salary amounting to 85 percent of the minimum wage for a 40-hour week, regardless of the number of hours worked per week.3 If individuals employed in these occupations work fewer than 40 hours per week, you must pay them at least 85 percent of the minimum wage for each hour worked.

State law defines an “organized camp” as a site with program facilities established for the primary purposes of providing an outdoor group living experience with social, spiritual, educational or recreational objectives for five days or more during one or more seasons of the year. The term does not include a motel, tourist camp, trailer park, resort, hunting camp, auto court, labor camp, penal or correctional camp, child care institution, home-finding agency or any charitable or recreational organization operating a special (for example, temporary) occupancy trailer park.4 The organized camp must meet the standards established by the American Camping Association.

The FLSA also exempts employees of organized camps, amusement or recreational establishments and religious or nonprofit educational conference centers from minimum wage and overtime requirements if one of the following conditions is met:

• The facility does not operate for more than seven months in any calendar year
• Its average receipts for any six months of the preceding year do not exceed 33.3 percent of the receipts for the remaining six months of the preceding year

However, private entities providing services or facilities in a national park, national forest or national wildlife refuge are not exempt from federal wage requirements, unless the services or facilities relate to skiing.5

1. Lab. Code sec. 1391.2

2. IWC Wage Orders sec. 4; 29 U.S.C. 214; 29 CFR sec. 521.5

3. Lab. Code sec. 1182.4

4. Health and Safety Code sec. 18897

5. 29 U.S.C. 213(a)(3)