Child Labor Laws in California: Youth Employment Rules

The Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 et seq., establishes federal child labor standards enforced by the U.S. Department of Labor (DOL). The FLSA prohibits employment of children under 14 except in specific industries (agriculture, newspaper delivery, entertainment, family businesses). Children 14-15 are restricted to non-hazardous work and limited hours (3 hours on school days, 8 hours on non-school days, 18 hours per week during school). Children 16-17 may work in most jobs except those designated as hazardous (mining, logging, slaughtering). The FLSA requires payment of the federal minimum wage ($7.25/hour), and overtime rules apply to workers 16 and older. The FLSA does not require work permits. Federal law permits a youth minimum wage of $4.25/hour for workers under 20 during their first 90 days of employment, though many states prohibit this. The DOL's Wage and Hour Division enforces FLSA provisions through investigations and litigation. Violators face civil penalties and may be required to pay back wages and damages to affected employees.

Federal law provides a baseline floor; states may and frequently do impose stricter requirements. California has chosen to exceed federal protections in nearly every respect.

California Labor Code sections 1288–1312 impose child labor restrictions significantly stricter than federal law. California prohibits employment of children under 12 in almost all occupations, with narrow exceptions for entertainment (with entertainment work permits), family-operated businesses, and domestic service in private homes. By contrast, federal law allows children 12 and older to work in non-hazardous occupations.

For children 12-15, California limits work to 3 hours per school day, 8 hours per non-school day, and 40 hours per week when school is in session; during school vacation, the limit is 8 hours per day and 40 hours per week. Children 16-17 can work up to 4 hours on school days, 8 hours on non-school days, and 20 hours per week during the school year. The state also mandates a 30-minute meal period for shifts exceeding 5 hours. Federal law permits 3 hours on school days for ages 14-15 and no hour limits for ages 16-17.

All minors under 18 in California must obtain and carry a work permit issued by their school district (or county office of education if not enrolled). This requirement has no federal equivalent. California applies its state minimum wage ($16.05/hour as of 2024) to all workers including minors, with no youth wage exception. Federal law permits a subminimum wage for workers under 20, but California expressly prohibits wage discrimination based on age.

California Labor Code section 1395 restricts minors from working in hazardous occupations including operation of power-driven machinery, work with explosives, roofing, tunneling, and work in mines or quarries. Certain agricultural work is prohibited. California enforces these rules through the Department of Industrial Relations, Division of Labor Standards Enforcement. Violations result in civil penalties, orders to cease and desist, and potential restitution to affected workers.

California's child labor protections contain narrow exceptions, primarily for entertainment and family businesses. Children under 12 may work in entertainment (theater, film, television, radio) if they obtain an entertainment work permit from their school district and comply with additional hour restrictions and education requirements. Family businesses present an exception: a parent may employ their own child without a work permit in certain limited contexts, though the employer must still comply with wage and hour laws and cannot assign the child to hazardous work.

Children under 12 may also work in domestic service in private homes for their immediate family without a work permit, though wage and hour limits still apply. Family farms operated as agricultural businesses may employ children of the owner without a permit, though hazardous work is still prohibited.

The entertainment exception is the most significant. Child performers require an entertainment work permit, and studios must comply with additional strictures: the child must attend school, receive studio tutoring if required, and work hours are strictly limited (generally 5 hours per day, 4 hours on set). A portion of the child's earnings (typically 15%) must be set aside in a blocked trust account (Coogan account) for protection.

At-will employment principles generally apply to minors in California, meaning employment can be terminated for any lawful reason or no reason. However, termination cannot be retaliatory (e.g., for requesting a break or reporting wage violations). Union and collective bargaining agreements may impose additional protections for minor workers. Minors are not exempt from at-will doctrine but retain all statutory labor protections.

Small employer exemptions do not apply to child labor laws. A business with only one employee must still comply with work permit requirements and hour restrictions. Independent contractors classified as such are technically not "employees," but if a minor is misclassified as an independent contractor to evade child labor protections, the Department of Industrial Relations will treat them as an employee.

STEP 1 — DOCUMENT THE VIOLATION: Keep detailed records of all work performed: dates, times, tasks assigned, wages paid, and any hazardous conditions observed. If your employer did not require a work permit, note this explicitly. Photograph the work environment if it shows hazardous conditions (machinery, chemicals, heights). Request copies of your pay stubs and any employment records from your employer in writing, and keep these documents. If you were required to work prohibited hours, document this with calendar entries or messages. Ask coworkers if they can corroborate the violations.

STEP 2 — INTERNAL COMPLAINT PROCESS: Before filing a government complaint, notify your employer in writing (email or letter) that you believe your employment violates California child labor laws. State specifically what was violated (e.g., "I am 14 years old and was required to work 6 hours on a school day, exceeding the 3-hour legal limit"). Request immediate correction. Keep a copy of this notice. An internal complaint triggers the employer's obligation to investigate and correct violations and may preserve claims for damages if the employer retaliates. If the employer does not respond within 7-10 days, proceed to Step 3.

STEP 3 — FILE WITH STATE AGENCY: Contact the California Department of Industrial Relations, Division of Labor Standards Enforcement (DLSE) at www.dir.ca.gov/dlse or call 1-833-526-4636 (toll-free). You may file a wage claim for unpaid wages (if applicable) or request an investigation into child labor violations. Provide your name, age, employer name and address, dates of employment, and a detailed description of the violation. The DLSE will investigate at no cost to you. You can also file a complaint with the California Labor Commissioner's Office in your county; visit www.dir.ca.gov/dlse to locate your local office. No filing deadline exists for child labor violations (unlike wage claims, which have a 3-year statute of limitations), but earlier is better because evidence deteriorates over time.

STEP 4 — INVESTIGATION PROCESS: Once filed, the DLSE typically initiates an investigation within 10-30 days. An investigator will contact you and your employer to gather statements and documentation. The agency will request your employment records, time records, and pay records from the employer. The investigation typically takes 30-90 days, though complex cases may take longer. You will be interviewed; be honest and provide all documentation you have compiled. The DLSE may issue a citation to the employer requiring correction of violations and assessment of civil penalties. If wage violations occurred (unpaid wages or failure to provide breaks), the investigator may issue a wage order. You will be notified of the outcome; if the DLSE finds a violation, you may be entitled to back pay, penalties, or an order for corrective measures.

STEP 5 — WHEN TO CONSULT AN ATTORNEY: If the DLSE investigation does not resolve the violation or if your employer retaliates against you (suspension, reduced hours, termination), consult an employment attorney specializing in wage and hour law or child labor. Many California employment lawyers work on contingency (no upfront fee; attorney takes a percentage of recovery). An attorney can file a civil lawsuit against your employer for child labor violations, wage theft, retaliation, and emotional distress. California permits recovery of treble damages (three times the unpaid wages) in wage theft cases, plus attorney fees and costs. If retaliation occurred, an attorney can assert additional claims under labor code protections for employees who report violations. Contact the State Bar of California at www.calbar.org or the California Employment Lawyers Association at www.cela.org to find a qualified attorney.