LBExamCalifornia Labor Code, the contractor sections
Working Hours (of minors)
Chapter 3 of Part 4 of Division 2, sections 1390 to 1399, limits the hours a minor may be worked: section 1391 sets the daily and weekly caps and the earliest and latest hours for a minor of 15 or under and for one of 16 or 17, with lower caps on a schoolday; section 1392 makes it a misdemeanor to work a minor in one's control more than eight hours a day; and the sections after it set the exceptions and who enforces the chapter. No free question cites this chapter yet.
- Cited as
- Labor Code, declared subset
- This chapter
- Division 2, Part 4, Chapter 3. Working Hours (of minors)
- Sections
- 9
- Official copy
- The chapter on the publisher site
Only part of this instrument is here
The site's copy of this instrument is sections 200-273, 500-558.1, 1171-1207, 1285-1312, 1390-1399, 1400-1408, 1720-1861, 2750-2810.5, 3070-3098, 3200-3760, 3800, 4650-4653, 4658.7, 5402, 6300-6413.5. Everything outside those boundaries was not ingested and is not searchable here. Read it on the official copy linked above.
In scope: Division 2, Part 1, Chapter 1 (Payment of Wages, ss. 200 to 273: what wages are, when they are due, final pay on discharge and on quitting, waiting-time penalties, itemized statements, deductions); Division 2, Part 2, Chapter 1 (Working Hours, ss. 500 to 558.1: the workday and workweek, overtime, alternative workweeks, meal and rest periods, and the penalties for missing them); Division 2, Part 4, Chapter 1 (Wages, Hours and Working Conditions, ss. 1171 to 1207: who the wage and hour law covers, the Industrial Welfare Commission and its wage orders, and the minimum wage and its scheduled increases in s. 1182.12); Division 2, Part 4, Chapter 2 (Occupational Privileges and Restrictions, ss. 1285 to 1312: the employment of minors, the permit to employ and to work, the ages and hours a minor may be worked, and the penalties for employing one against those rules); Division 2, Part 4, Chapter 3 (Working Hours, ss. 1390 to 1399: the daily, weekly and time-of-day limits on the hours a minor of 15 or under, and of 16 or 17, may be worked, on schooldays and otherwise, and the penalty for working one past them); Division 2, Part 4, Chapter 4, Article 1 (General Cal/WARN Requirements, ss. 1400 to 1408: what a covered establishment, a mass layoff, a relocation and a termination are, the 60 days' written notice an employer gives before ordering one and to whom, and the back pay and penalty for failing to); Division 2, Part 7, Chapter 1 (Public Works, ss. 1720 to 1861: what a public work is, prevailing wage, apprentices, certified payroll, DIR registration, working hours on public work, and the workers' compensation certificate a public works contractor signs); Division 3, Chapter 2 (Employer and Employee, ss. 2750 to 2810.5: the contract of employment, the employee-or-independent-contractor test, and an employer's obligations, including the rules on contracting for labor); Division 3, Chapter 4, Articles 1 to 3 (Apprenticeship, ss. 3070 to 3098: the Division of Apprenticeship Standards and its administrator, the apprentice agreement, how a program is approved, the ratio of apprentices to journeypersons, and other on-the-job training); Division 4, Part 1, Chapters 1 to 4 (Workers' Compensation, ss. 3200 to 3760: definitions, who is an employer and who is an employee, the conditions of compensation liability, and the duty to secure payment by insurance or self-insurance); Division 4, Part 1, Chapter 4, Article 4 (Construction Permit, s. 3800: the workers' compensation certificate, or the signed exemption in its place, that an applicant for a building permit files, and what the permit issuer does with it); Division 4, Part 2, Chapter 2, Article 3 (Disability Payments), ss. 4650 to 4653 and s. 4658.7 (when the first temporary disability payment is due and the 10 percent increase on a late one, the three-day waiting period, the two-thirds rate for temporary total disability, and the supplemental job displacement voucher an employee with a permanent partial disability receives unless offered regular, modified or alternative work); Division 4, Part 4, Chapter 2 (Limitations of Proceedings), s. 5402 (knowledge of an injury as notice, the 90-day presumption of compensability, and the one working day to authorize treatment up to $10,000 while a claim is pending); Division 5, Part 1, Chapters 1 to 3 (Occupational Safety and Health, ss. 6300 to 6413.5: what a safe place of employment is and who enforces it, the right to refuse dangerous work and the bar on retaliation in ss. 6310 to 6312, hazardous substance information and training, the employer's duties from s. 6400 on including the injury and illness prevention program in s. 6401.7, and the report of a serious injury or death in s. 6409.1). Out: the rest of the Labor Code, which runs from s. 50 to s. 11005 across thirteen divisions, including the rest of Division 4, Parts 2 and 4 (the other disability payment sections of Article 3 and the other limitation periods of Part 4, Chapter 2, which the two pages fetched for this subset carry and this ingest does not claim), Article 2 of Division 2, Part 4, Chapter 4 (relocation of call centers, ss. 1409 to 1413); and, inside the chapters fetched for this subset, Division 3, Chapter 4, Articles 4 to 6 (preapprenticeship, apprenticeship innovation funding and youth apprenticeship, ss. 3100 to 3122.4) and Division 4, Part 1, Chapter 4 above s. 3760 apart from s. 3800 (insurance rights and privileges, and workers' compensation misrepresentations). Sections 3801 to 3803 are declared by nothing here because the code prints no such sections: Article 4 of that chapter is the single section 3800. Why: the Law and Business examination outline reaches the Labor Code in four of its seven sections, Employment Requirements, Public Works, Insurance and Liens, and Safety, and these are the chapters those four draw on. Everything left out is law, and none of it is authority this corpus carries: a claim that needs it is unverifiable here, not verified against a silence.
Reproduced from the official code text. The official version is the one linked above. Nothing has been added to the text, and nothing inside this chapter has been left out.
Section 1390§Sections
As used in this chapter, 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.
(Amended by Stats. 2017, Ch. 561, Sec. 164. (AB 1516) Effective January 1, 2018.)
Section 1391§Sections
(a) Except as provided in Sections 1297, 1298, and 1308.7:
(1) An employer shall not 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, an employer shall not 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) An employer shall not 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, an employer shall not 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 of the Education Code 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 ($1,000) nor more than five thousand dollars ($5,000), 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 ($10,000) 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 chapter.
(d) This section does not apply to any minor employed to deliver newspapers to consumers.
(Amended by Stats. 2017, Ch. 561, Sec. 165. (AB 1516) Effective January 1, 2018.)
Section 1391.1§Sections
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.
(Amended by Stats. 1982, Ch. 231, Sec. 1.)
Section 1391.2§Sections
(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.
(Added by Stats. 1977, Ch. 765.)
Section 1392§Sections
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.
(Amended by Stats. 1994, Ch. 1175, Sec. 25. Effective January 1, 1995.)
Section 1393§Sections
(a) Notwithstanding any other provision of this chapter 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.
(Amended by Stats. 2017, Ch. 561, Sec. 166. (AB 1516) Effective January 1, 2018.)
Section 1394§Sections
This chapter and Chapter 2 (commencing with Section 1285) do not 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.
(Amended by Stats. 2017, Ch. 561, Sec. 168. (AB 1516) Effective January 1, 2018.)
Section 1398§Sections
The Division of Labor Standards Enforcement shall enforce the provisions of this chapter.
(Amended by Stats. 2017, Ch. 561, Sec. 169. (AB 1516) Effective January 1, 2018.)
Section 1399§Sections
This chapter does not 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 chapter, or to enforce the provisions thereof independently and without specific direction of the director.
(Amended by Stats. 2017, Ch. 561, Sec. 170. (AB 1516) Effective January 1, 2018.)