2007 California Labor Code Article 2. Minors

CA Codes (lab:1390-1399)

1390.  As used in this article, unless the context otherwise
indicates:
   (a) "Horticultural" includes the curing and drying but not the
canning of all varieties of fruit.
   (b) "Drama" or "play" includes the production of motion picture
plays.



1391.  (a) Except as provided in Sections 1297, 1298, and 1308.7:
   (1) No employer shall employ a minor 15 years of age or younger
for more than eight hours in one day of 24 hours, or more than 40
hours in one week, or before 7 a.m. or after 7 p.m., except that from
June 1 through Labor Day, a minor 15 years of age or younger may be
employed for the hours authorized by this section until 9 p.m. in the
evening.
   (2) Notwithstanding paragraph (1), while school is in session, no
employer shall employ a minor 14 or 15 years of age for more than
three hours in any schoolday, nor more than 18 hours in any week, nor
during school hours, except that a minor enrolled in and employed
pursuant to a school-supervised and school-administered work
experience and career exploration program may be employed for no more
than 23 hours, any portion of which may be during school hours.
   (3) No employer shall employ a minor 16 or 17 years of age for
more than eight hours in one day of 24 hours or more than 48 hours in
one week, or before 5 a.m., or after 10 p.m. on any day preceding a
schoolday.  However, a minor 16 or 17 years of age may be employed
for the hours authorized by this section during any evening preceding
a nonschoolday until 12:30 a.m. of the nonschoolday.
   (4) Notwithstanding paragraph (3), while school is in session, no
employer shall employ a minor 16 or 17 years of age for more than
four hours in any schoolday, except as follows:
   (A) The minor is employed in personal attendant occupations, as
defined in the Industrial Welfare Commission Minimum Wage Order No.
15 (8 Cal. Code Regs. Sec. 11150), school-approved work experience,
or cooperative vocational education programs.
   (B) The minor has been issued a permit to work pursuant to
subdivision (c) of Section 49112 and is employed in accordance with
the provisions of that permit.
   (b) For purposes of this section, "schoolday" means any day in
which a minor is required to attend school for 240 minutes or more.
   (c) Any person or the agent or officer thereof, or any parent or
guardian, who directly or indirectly violates or causes or suffers
the violation of this section is guilty of a misdemeanor punishable
by a fine of not less than one thousand dollars (,000) nor more
than five thousand dollars (,000), or imprisonment in the county
jail for not more than 60 days, or both.  Any person who willfully
violates this section shall, upon conviction, be subject to a fine of
not more than ten thousand dollars (,000) or to imprisonment in
the county jail for not more than six months, or both.  No person
shall be imprisoned under this section, except for an offense
committed after the conviction of that person for a prior offense
under this article.
   (d) Nothing in this section shall apply to any minor employed to
deliver newspapers to consumers.


1391.1.  Minors 16 years of age or older and under the age of 18
years enrolled in work experience or cooperative vocational education
programs approved by the State Department of Education or in work
experience education programs conducted by private schools may work
after 10 p.m. but not later than 12:30 a.m., providing such
employment is not detrimental to the health, education, or welfare of
the minor and the approval of the parent and the work experience
coordinator has been obtained.  However, if any such minor works any
time during the hours from 10 p.m. to 12:30 a.m., he or she shall be
paid for work during that time at a rate which is not less than the
minimum wage paid to adults.



1391.2.  (a) Notwithstanding Sections 1391 and 1391.1, any minor
under 18 years of age who has been graduated from a high school
maintaining a four-year course above the eighth grade of the
elementary schools, or who has had an equal amount of education in a
private school or by private tuition, or who has been awarded a
certificate of proficiency pursuant to Section 48412 of the Education
Code, may be employed for the same hours as an adult may be employed
in performing the same work.
   (b) Notwithstanding the provisions of the orders of the Industrial
Welfare Commission, no employer shall pay any minor described in
this section in his employ at wage rates less than the rates paid to
adult employees in the same establishment for the same quantity and
quality of the same classification of work; provided, however, that
nothing herein shall prohibit a variation of rates of pay for such
minors and adult employees engaged in the same classification of work
based upon a difference in seniority, length of service, ability,
skill, difference in duties or services performed, whether regularly
or occasionally, difference in the shift or time of day worked, hours
of work, or other reasonable differentiation, when exercised in good
faith.


1392.  Every person who has a minor under his or her control, as a
ward or an apprentice, and who, except in household occupations,
requires the minor to work more than eight hours in any one day, is
guilty of a misdemeanor.


1393.  (a) Notwithstanding any other provision of this article and
Article 2 (commencing with Section 49110) of Chapter 7 of Part 27 of
Division 4 of Title 2 of the Education Code, the Labor Commissioner
may issue an exemption from laws regulating the employment of minors
to employers operating agricultural packing plants that employ minors
16 and 17 years of age during any day during which school is not in
session, for up to 10 hours per day during the peak harvest season.
These exemptions shall only be granted if they do not materially
affect the safety and welfare of minor employees and will prevent
undue hardship on the employer.  The Labor Commissioner may require
an inspection of an agricultural packing plant prior to issuing an
exemption.
   (b) Any exemption granted pursuant to subdivision (a) shall be in
writing to be effective, and may be revoked after reasonable notice
is given, in writing, by the Labor Commissioner.  Any notice of
revocation shall include the reason for the revocation.
   (c) An application for an exemption under subdivision (a) shall be
made by an employer on a form provided by the Labor Commissioner,
and a copy of the application shall be posted at the employer's place
of employment at the time the application is filed with the
division.



1393.5.  (a) Notwithstanding any other provision of this article or
Article 2 (commencing with Section 49110) of Chapter 7 of Part 27 of
the Education Code, an exemption issued pursuant to Section 1393 may
authorize the employment during the peak harvest season of a minor,
16 or 17 years of age who resides in Lake County, during any day in
which school is not in session for up to 10 hours per day and more
than 48 hours but not more than 60 hours in any one week, only upon
the prior written approval of the Lake County Office of Education.
   (b) Each year, the Labor Commissioner, prior to issuing or
renewing an exemption under this section, shall inspect the affected
agricultural packing plant.
   (c) As a condition of receiving an exemption or a renewal of an
exemption under this section, an affected employer shall, on or
before March 1 of each year, file a written report to the Labor
Commissioner that contains the following employment information
regarding the employer's prior year's payroll:
   (1) The number of minors employed by that employer.
   (2) A list of the age and hours worked on a weekly basis of each
minor employed.
   (d) Notwithstanding Chapter 24 (commencing with Section 7550) of
Division 7 of Title 1 of the Government Code, the Labor Commissioner
shall submit a written report to the Legislature, on or before March
1 of each year, that describes the general working conditions of
minors employed in the agricultural packing industry during the past
year, and that includes all of the following information:
   (1) The number of minors employed in the agricultural packing
industry.
   (2) The number of exemptions issued, renewed, or denied pursuant
to this section.
   (3) A summary of the inspections conducted by the Labor
Commissioner pursuant to this section.
   (4) The number of workplace injuries that occurred to minors at
agricultural packing plants.
   (5) The number of violations of labor laws and regulations that
occurred at agricultural packing plants.
   (e) This section shall remain in effect only until January 1,
2012, and as of that date is repealed.



1394.  Nothing in this article or Article 2 (commencing with Section
1285) of Chapter 2 shall prohibit or prevent either of the
following:
   (a) The employment of any minor at agricultural, horticultural,
viticultural, or domestic labor during the time the public schools
are not in session, or during other than school hours, when the work
performed is for or under the control of his parent or guardian and
is performed upon or in connection with premises owned, operated or
controlled by the parent or guardian.  However, nothing herein shall
permit children under schoolage to work at these occupations, while
the public schools are in session.
   (b) The full-time employment of minors who meet all other legal
employment requirements, if they are exempt from compulsory school
attendance under Section 48231 of the Education Code.



1398.  The Division of Labor Standards Enforcement shall enforce the
provisions of this article.



1399.  Nothing in this article shall limit the authority of the
Attorney General or the district attorney of any county, either upon
their own complaint or the complaint of any person acting for himself
or the general public, to prosecute actions, either civil or
criminal, for violations of this article, or to enforce the
provisions thereof independently and without specific direction of
the director.