Obtaining and Completing the Necessary Permits for Minors

Work permit laws require two forms that must be obtained and completed before employment begins. To obtain these forms, contact the Office of the Superintendent of the school district in which the minor attends school.

In the event of a natural disaster, pandemic, or other emergency, California law authorizes issuance of a work permit without the appearance of the minor or their parent or guardian. It also allows for electronic submission/collection of required documents under those circumstances.

• Employing Minors Checklist

If you’re considering hiring a minor, you and the minor must complete the first form, known as a Minors - Statement of Intent to Employ and Request for Work Permit - Form B1-1. The minor must complete Form B1-1, then you and the minor’s parent or guardian must sign it.2

After you file a Form B1-1 with a school district, the superintendent of each school district has the authority to issue the second form, known as a Permit to Employ and Work - Form B1-4.3 This responsibility is often delegated to other school district officials who take into consideration a minor’s health, education and welfare before issuing a permit. Neither school nor labor officials can waive any established minimum labor standard for minors. The issuing authority can revoke a work permit if they determine that the employment is impairing the health or education of the minor.4

The Permit to Employ and Work - Form B1-4 specifies:

• The maximum number of hours of work per day when school is in session
• Other limitations
• The permit’s expiration date

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

Special Minor Permit Circumstances

A minor employed in the entertainment industry must have an Entertainment Work Permit issued by the DLSE.5 You can find the procedures for obtaining an Entertainment Work Permit on the DLSE website.

Employers intending to employ minors in the entertainment industry must complete an application for a Permit to Employ Minors and submit it, along with proof of workers' compensation insurance coverage, to the DLSE. Prior to the first employment of a minor performer, a temporary, 10-day permit may be issued under specific circumstances.6 Prior to issuing a temporary permit for an infant under the age of one month, a certification must be made by a pediatric physician.

Minors visiting from another state (or country, if eligible to work in the United States) who want to work in California must have a work permit.7 The local school district in which the minor resides while visiting issues these permits.8

Talent Agency Harassment Prevention Training for Minors

Talent agencies must provide sexual harassment prevention, training and reporting resources to certain minors they sign for representation.9

Artists who are between the ages of 14 and 17, along with their parent or legal guardian, must receive and complete training in sexual harassment prevention, retaliation and reporting resources before they are issued a work permit. State law directs parents or legal guardians to ensure that the minor completes the training using the CRD's online training course. A parent or legal guardian must accompany the minor for the training and must certify to the Labor Commissioner that the training has been completed. The training must be in a language understood by the minor and their legal guardian whenever reasonably possible. Additionally, talent agencies must make available electronically or in print educational materials regarding harassment prevention, retaliation, and reporting resources that must include, at a minimum, the components in the Department of Fair Employment and Housing Form 185 - Sexual Harassment.

Talent agencies must request and retain a copy of the minor's entertainment work permit prior to representing or sending a minor artist on an audition, meeting or interview for engagement of the minor's services.

Talent agencies must keep records for three years confirming that the educational materials have been made available to all artists who have been signed for representation and, as a part of their license renewal process, to confirm with the Labor Commissioner that they are providing the relevant educational materials. A penalty of $100 per violation can be assessed, unless the Labor Commissioner determines the violation was a clerical error or an inadvertent mistake.

Additional training requirements apply to adult artists signed by talent agencies. For more information, see Effective Harassment Prevention.

Minor Permit Expiration Dates

Permits issued in one school year expire five days after a new school year begins.10

Exceptions for Requiring Permits for Minors

Permits are not required for:

• Any minor who is a high school graduate or who has been awarded a Certificate of Proficiency.11

• Minors in this situation should provide some proof of age and parental authorization to work. The Statement of Intent to Employ and Request for Work Permit can be used for this purpose.12

• Minors who irregularly work at odd jobs, such as yard work and babysitting in private homes where the minor is not otherwise regularly employed.13
• Minors who are at least 14 years of age and employed to deliver newspapers to consumers.14
• Minors who work for a parent or guardian in agriculture, horticulture, viticulture or domestic labor on or in connection with property the parent or guardian owns, operates or controls.15
• Note that these minors cannot be employed during school hours, even when they are under school age.16
  
  Minors of any age who participate in any horseback riding exhibition, contest or event, if they receive payment for services or prize money.17
• Self-employed minors.
• Minors directly employed by state and local agencies, unless explicitly included in the state’s Labor Code. The FLSA covers state and local agencies. These agencies must meet all its requirements.18

Workers’ Compensation and Minors

Minors requesting work permits must have the name of your workers’ compensation carrier on their Minors - Statement of Intent to Employ and Request for Work Permit - Form B1-1. If minors enrolled in work experience education programs receive pay for their work, you must carry workers’ compensation insurance for them. In the case of minors not paid for their work in work experience education programs, workers’ compensation insurance must be carried by the school district.

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

1. Educ. Code sec. 49160; Lab. Code sec. 1299; 29 CFR sec. 510.9