Hiring Minors in California: Work Permits, Hours, and Penalties
Three hours is the most a 14- or 15-year-old can work on a school day in California, and 18 hours is the weekly cap while school is in session. Those limits come from Labor Code section 1391, and they apply on top of a permit requirement that covers nearly every worker under 18. Summer jobs bring the most violations. A missing permit or a late shift can lead to a Labor Commissioner citation, so an employer’s defense depends on the permit file and the time records.
Does every minor need a work permit?
Nearly every one. Under Education Code section 49160, no employer may “employ, suffer, or permit any minor under the age of 18 years to work in or in connection with any establishment or occupation” except as allowed by law “without a permit to employ, issued by the proper educational officers in accordance with law.” The minor’s school usually issues the permit after the employer and parent complete an application.
The Labor Commissioner’s child labor guide is direct about both timing and place: “Permits are always required, even when school is not in session,” and “Permits are issued for specific employment at a specified address.” A permit for one store doesn’t cover a transfer to another location.
The file has to be ready for inspection. Labor Code section 1299 requires every employer of minors to “keep on file all permits and certificates,” and the files “shall be open at all times to the inspection” of school officials and the Division of Labor Standards Enforcement.
How many hours can minors work?
It depends on age and whether school is in session. Under section 1391, an employer can’t employ a minor 15 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.” From June 1 through Labor Day, the evening limit moves to 9 p.m.
While school is in session, 14- and 15-year-olds are limited to three hours on a school day and 18 hours a week. For 16- and 17-year-olds, the statute sets a limit of “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,” and four hours on a school day, with some exceptions. On an evening before a nonschool day, they may work until 12:30 a.m.
The permit itself may be stricter. According to the Labor Commissioner’s guide, permits state the maximum daily and weekly hours, the range of hours the minor may work, and “any additional restrictions imposed at the school’s discretion.” Scheduling software rarely knows those limits unless someone enters them.
Which jobs are off limits?
Many hazardous ones. Under Labor Code section 1294, no minor under 16 may work in listed settings, including “On scaffolding, in heavy work in the building trades, in any tunnel or excavation,” or “Operating any automobile, motorcar, or truck.” The section ends with a catchall barring work “In any occupation dangerous to the life or limb, or injurious to the health or morals of the minor.”
Federal law adds its own rules. Under 29 U.S.C. § 212(c), “No employer shall employ any oppressive child labor” in covered commerce, and federal hazardous occupation rules reach 16- and 17-year-olds in some jobs. An employer has to meet both sets of rules, so the stricter limit controls in practice.
What penalties can the Labor Commissioner impose?
Civil penalties by class, plus possible criminal penalties. Under Labor Code section 1288, class “A” violations include prohibited-occupation violations and a third or later violation of the hours rules. A class “A” violation carries “a civil penalty in an amount not less than five thousand dollars ($5,000) and not exceeding ten thousand dollars ($10,000) for each and every violation.”
Class “B” violations include failing to keep permits on file and a first or second violation of section 1391. They carry “a civil penalty in an amount not less than five hundred dollars ($500) and not to exceed one thousand dollars ($1,000) for each and every violation.” Section 1288 also states that it “does not preclude the imposition of criminal penalties provided for in this chapter,” and section 1391 makes an hours violation a misdemeanor.
Because penalties apply per violation, a summer of late shifts for several teenage employees can add up fast. Each late shift for each minor may be counted separately. And Labor Code section 1285 states that “The civil penalties provided for in this chapter are in addition to any other penalty provided by law,” so a child labor citation can arrive alongside wage claims for the same shifts. The minors’ overtime, meal periods, and rest breaks follow the same rules as any other employee’s.
Do companies have to disclose child labor audits?
Some do. Since January 1, 2025, Labor Code section 1251 requires an employer that has voluntarily undergone a social compliance audit covering child labor to “post a clear and conspicuous link on its internet website to a report detailing the findings of the employer’s compliance with child labor laws.” Under the same section, the report has to say whether the employer “did or did not engage in, or support the use of, child labor.”
That rule changes how companies should commission audits. A company with outside auditors reviewing its supply chain or its own operations should know before the audit starts that the results may have to be published.
How do child labor violations compare?
| Violation | Statute | Penalty class | Where the defense starts |
|---|---|---|---|
| No permit on file | Lab. Code § 1299; Ed. Code § 49160 | Class B, $500 to $1,000 per violation | The permit file and the minor’s hire date |
| Hours or time-of-day violation, first or second | Lab. Code § 1391 | Class B, plus possible misdemeanor | Time records, school calendar, and permit limits |
| Hours violation, third or later | Lab. Code §§ 1288, 1391 | Class A, $5,000 to $10,000 per violation | Prior citations and corrective steps taken |
| Prohibited occupation for a minor under 16 | Lab. Code § 1294 | Class A | The minor’s actual duties and equipment used |
| Unposted social compliance audit report | Lab. Code § 1251 | No penalty amount stated in § 1251 | Whether the audit was voluntary and covered child labor |
What should an employer do once a child labor citation arrives?
These cases are about records the company already has. Pull them before the hearing.
- Preserve permits, applications, time records, schedules, job descriptions, training records, and any communications with the minor’s school about the permit.
- Calendar the appeal or hearing deadline on the citation, and check for an employment practices liability (EPLI) policy or other insurance with notice requirements.
- Identify the managers who scheduled and supervised the minors, and make sure no action is taken against any employee who spoke with investigators.
- Gather the documents the citation depends on, including the permit limits for each minor, the school calendar for the cited dates, and the shifts actually worked.
- Talk to a lawyer before responding to the citation, contacting the minor’s family or school about the case, or agreeing to pay any penalty.
Employers looking for child labor citation defense for California employers can review the firm’s practice page.
Questions from California employers about hiring minors
Does a 17-year-old who graduated early need a permit?
Usually not. The Labor Commissioner’s guide says high school graduates under 18 “are entirely excluded from permit requirements, work hour restrictions, and all occupational prohibitions.” Federal rules still bar them from occupations prohibited to minors under 18 unless they’ve completed a bona fide course of training in that occupation. Keep proof of graduation in the file before treating a minor as exempt.
Can a minor work late during summer break?
Yes, within limits. Minors 15 and younger may work until 9 p.m. from June 1 through Labor Day. Minors 16 and 17 may work later on nights before nonschool days. The permit still applies in the summer, and its own limits may be stricter than the statute.
What about a family business?
Usually the normal rules apply. The Labor Commissioner’s guide states that parents who employ their children in “manufacturing, mercantile or similar commercial enterprises” must obtain permits, and that the phrase is “broadly construed to mean any business in which parents or guardians employ their children.” The exemption is limited to agriculture, horticulture, viticulture, or domestic work on premises the parent owns, operates, or controls. A family restaurant or retail store doesn’t qualify.
Does a permit transfer if the minor moves to another store?
No. Permits are issued for specific employment at a specified address. A transfer, a new location, or a change in duties usually calls for a new permit, and managers who move teen employees between stores should treat it as a new hire for permit purposes.
If a child labor citation reaches your company
If your company has received a Labor Commissioner citation over minors’ work permits, hours, or duties, the permit file and the time records usually decide how much of the citation is real. Rosenberger + Kawabata represents employers defending employment lawsuits and claims through its business litigation practice, including child labor citations. Contact Rosenberger + Kawabata online for a confidential consultation, or call (310) 894-6921.
Sources
The statutes are Labor Code section 1251, section 1285, section 1288, section 1294, section 1299, section 1391, Education Code section 49160, and 29 U.S.C. § 212. The agency source is the Labor Commissioner’s California Child Labor Laws guide.
This post is general information about California employment law as of November 7, 2026. It is not legal advice, and reading it does not create an attorney-client relationship. Employment statutes, regulations, and court decisions change often, and the outcome of any claim depends on its facts. Past results do not guarantee future outcomes.