Work Permits
All minors under age 18 (unless a high school graduate or equivalent), including minors employed by parents, (Ed. C. 49141) must have a work permit. Applications are available at each school, except during the summer (see instructions below). All Work Permits expire five (5) days after school starts and must be re-issued at the start of each school year or at the time the student obtains a new job. Work Permits are required all year, not just when school is in session. It serves as an age certificate and states the maximum hours a minor may work based on their age (Ed. C. 49160).
To get your work permit during the school year, contact the Work Experience Educator at your school.
To Get Your Work Permit Over Summer or Winter Break, Follow These Steps:
Print out the work permit application form (B1-1). (see file link)
Fill out the top section - Minor’s Information. Make sure to provide your Social Security Number. A work permit cannot be created without it.
Take the form to your employer. Have the employer complete, sign and date the section – To be filled in and signed by employer.
Have a parent/legal guardian print their name, sign and date the section – To be filled and signed by parent or legal guardian.
After steps 1-4 are completed, email the application to Lori Murphy (Murphy.L@mcs4kids.com). (You may need to use a scanning app on your phone to upload the document to your email.)
A work permit will be processed, signed and emailed to you.
Print, sign and date the work permit.
Give the work permit to your employer.
Wages
In most cases, minors must be paid minimum wage.
If a student works a split shift, they must be paid one extra hour at the minimum.
If a student reports to work, but is not given work and is sent home, that employee is owed a minimum of two hours pay for their time and trouble. If employees are asked not to clock in, they must be free to leave and cannot be required to wait without being paid, as they are under your direction and control.
Tax and Deductions
All employers must furnish each employee, at the time wages are paid, a separate or detachable itemized statement of deduction.
L.C. 226, 226.2) (IRS Circular E-Employers Guide)
Hours minors are allowed to work(California & Federal Labor Codes)
Exceptions: Work Experience enrollees may work until 12:30 AM on any day with written permission of parent and school Work Experience teacher on required form submitted with minor's application for Work Permit (L.C. 1391.1)
Under age 12 - Prohibited except for entertainment industry.
12 to 13 - Prohibited in firms subject to Federal FLSA exceptions, call for further information.
14 to 15 (School in session) - 3 hours max. per day / 18 hours per week, 7 AM – 7 PM
14 to 15 (Summer) - 8 hours max. per day / 40 hours per week, 7 AM – 9 PM
16-17 (School in session) -
4 hours max. per day / Monday - Thursday
8 hours max. per day / Friday - Sunday
20 hours total per week (MCS limit)
5 AM - 10 PM
5 AM - 12:30 AM if no school the next day
16 to 17 (Summer) - 8 hours max. per day / 40 hours per week, 5 AM - 12:30 AM
16 to 17 (School in session & enrolled in Work Experience or Cooperative Career Education Program)
6 hours max. per day / Monday - Thursday
8 hours max. per day / Friday - Sunday
40 hours total per week / 5 AM - 10 AM
(12:30 AM on day preceding a non-school day)
Uniforms (I.W.C. Orders)
When uniforms are required by the employer to be worn on the employee as a condition of employment, such uniform shall be provided and maintained by the employer. "Uniform" includes wearing apparel and accessories of distinctive design or color (i.e. company name imprinted hats, shirts, etc.)
Workers' Compensation Insurance
All minors must be covered by Workers' Compensation including minors employed by parents and minors employed by businesses operating from a private residence.
Note: Private homeowners' insurance only provides Workers' Compensation coverage for employees performing domestic work, not work performed for your business (L.C. 3700). Call State Workers' Compensation Fund for information at (209) 476-2600
FEDERAL LAW - Prohibited employment for minors
The Federal Government under the Fair Labor Standards Act (FLSA) has listed 17 hazardous occupations which minors UNDER THE AGE OF 18 are prohibited from working in any capacity. There are no exemptions or exceptions. This is a partial list. For a complete listing contact the U.S. Department of Labor.
Serving alcoholic beverages.
Motor vehicle driving - minors may not drive on any public highway. This does NOT prohibit a minor from driving on private property (i.e. auto car dealer lot).
Power-driven woodworking machines.
Exposure to radioactive substances, x-rays.
Power-driven hoisting apparatus: automobile, lift truck, fork lift, elevator, crane, derrick.
Power-driven bakery machines: dough sheeter, bread, meat, or vegetable slicer, dough mixer.
Power-driven paper products machines: paper bailers, box crushers.
Power-driven circular saws, band saws, guillotine shears.
Roofing operations.
Excavation operations - cannot work in trenches deeper than 4 feet.
Explosives manufacturing occupations.
Mining operations.
Logging and saw-milling operations.
Occupations in slaughtering, meat packing, and rendering plants.
Brick, tile, and kindred products manufacturing.
Wrecking, demolition, and ship-breaking operations.
CALIFORNIA LAW - Prohibited employment for minors
In addition to Federal (FLSA) regulations the state of California further prohibits minors UNDER THE AGE OF 16 from the following occupations. This is a partial list. For a complete list contact the Dept. of Industrial Relations.
Selling or serving alcoholic beverages.
Public messenger service.
In hazardous occupations.
In all building or construction work of any kind.
Motor vehicle operations or serve as helpers on such vehicles.
Cooking, baking.
In a pool or billiard room.
In delivery from a motor vehicle.
In the vicinity of moving machinery.
In the vicinity of explosives.
In or about moving equipment, aircraft, vessels.
In or about gasoline service stations.
In selling to passing motorists - newspapers, candy, flowers, or other merchandise/commodities. (C.C.C. 11707)
All occupations in warehouses except office and clerical work.
In door-to-door selling - candy, cookies, flowers, newspaper/magazine subscriptions, or other merchandise/commodities unless these conditions are met: (C.A.C. 11706)
Minors work in pairs as a team.
One adult supervisor for ten or fewer minors.
Within sight or sound of supervisor every 15 minutes.
Returned to home or rendezvous point daily.