Work Permit

General Summary of Minors’ Work Regulations

State child labor laws and the child labor provisions of the federal Fair Labor Standards Act (FLSA) govern most California employers.

If federal laws, state laws, and school policies conflict, the more restrictive law (that which is most protective of the employee) prevails.

Generally, minors must attend school until age 18 unless they are 16 years or older and have graduated from high school or received a state Certificate of Proficiency. Minors under the age of 18 may not work in occupations declared hazardous for young workers as listed below.

1. Manufacturing or storing of explosives;
2. Driving a motor vehicle or working as an outside helper on motor vehicles;
3. Coal mining;
4. Forest fire fighting and forest fire prevention, timber tract, forestry service, and occupations in logging and sawmilling;
5. Using power-driven woodworking machines;
6. Exposure to radioactive substances and ionizing radiation;
7. Using power-driven hoisting apparatus;
8. Using power-driven metal-forming, punching and shearing machines;
9. Mining, other than coal;
10. Using power-driven meat-processing machines, slaughtering, meat and poultry packing, processing, or rendering;
11. Using power-driven bakery machines;
12. Using balers, compactors, and power-driven paper-products machines;
13. Manufacturing brick, tile, and related products;
14. Using power-driven circular saws, band saws, guillotine shears, chain saws, reciprocating saws, wood chippers, and abrasive cutting discs;
15. Working in wrecking, demolition, and ship-breaking operations;
16. Roofing and work performed on or about a roof;
17. Trenching or excavating.

Student Work Permit Procedures

Part I: Request for a Work Permit

1. Students on own who request for a work permit needs to contact the Transition Coordinator, Ingrid Christianson Wadler, ichristiansonwadler@csdr-cde.ca.gov, and see if meet the eligible GPA
2. Complete the “Statement of Intent to Employ Minor and Request for Work Permit” form (B1-1) for each job (some students may have more than one job, if so, the student needs to complete two separate forms, one for each employer)
3. The form needs to be completed by the minor. If assistance is needed, contact the Career Center: Program Technician, Ruth Rodriguez, to make sure the form includes:
   • have the employer signature
   • job title with duties defined
   • a parent signature before it can be processed
4. Parent/legal guardian does not have to be present for the permit to be processed
5. Students over 18 years old but still in school (High School Department) has to follow the same rules as minors who apply.

Part II: Processing/Issuing Work Permit

1. Once the form is complete, the Career Center Program Technician, will verify the student’s age
2. Program Technician will ask questions and indicate: the following list is:
   • the hours the student is allocated to work
   • make sure that the job duties meet the minor’s work regulations
3. Once the “Statement of Intent to employ Minor and Request for Work Permit” form is complete, it will go to the Work Permit authorizers/designees and sign the form with blue/black ink
4. The Work Permit authorizers/designees will verify to make sure the form is complete
5. Once the “Permit to Employ and Work” form is completed, two copies will be made and the student has to sign both forms using only black or blue ink

Part III: Keeping Track of Work Permit

1. Once both “Permit to Employ and Work” form is signed and Work Permit Designee, one form will go to the student and the second form will be stapled to the “Statement of Intent to Employ Minor and Request for Work Permit” form
2. Career Center is encouraged to generate a filing system to keep track of the student’s permit
3. Work Permits are valid for a whole year, including summer, so students only have to request it once per year

Work Permit Services Provided

We want you to understand the difference between Work Based Learning/Transitions Program and “On Own” when obtaining work permit.

Students’ Frequently Asked Questions

Q: At what age can I get a work permit?

A: Minors aged 12 through 17 are required to get work permits before starting a job. A minor under the age of 12 cannot receive a work permit except in the entertainment industry. There are a few exceptions to these rules. No work permit is required for the following jobs:

1. Certain agricultural industry jobs,
2. Odd jobs in private homes such as gardening and babysitting,
3. Newspaper delivery jobs,
4. Casual work in a family-owned business, and
5. Self-employment.

Q: Does a work permit require school attendance?

A: Minors under 18 years of age must attend school to get a work permit. When an employer hires someone under 18 years old who has graduated, the document verifying that fact must be given to the employer as proof that no work permit is required. Minors between 16 and 18 years of age who have dropped out of school must be enrolled in continuation or adult school classes for at least four hours per week before getting a work permit. Emancipated minors must attend school in order to get a work permit. Emancipated minors are those who have gone through court proceedings to be legally separated and freed from the control of their parents for certain reasons. Emancipated minors are still required to get a work permit before being employed but may obtain the work permit without parent consent and signature.

Q: Can a work permit be taken away?

A: Yes, the work permit can be cancelled and taken away at any time by the principal/work permit designee. In addition, a work permit can be cancelled at a parent's request with good reason. Good reasons for canceling a work permit include:

1. Job does not fit legal requirements for minors,
2. Hours scheduled create a truancy or absence problem for the student,
3. Or demands of job are causing student to fail classes at school.

Q: When does a work permit expire?

A: A minor must obtain a work permit for each job. A work permit is no longer valid when a minor quits or leaves a job. A new work permit application must be filled out for each new job. In addition, all work permits in the state of California expire five days after the opening of school in the fall. This is to insure that all minors report to school in the fall before continuing to work after summer vacation. Therefore, if a minor obtained a job and work permit in June and still had that same job in September, the work permit would expire. The minor would need to obtain a new work permit for the new school year even though it was for the same continuing job.

Q: Do teenage actors get their work permits from their high school?

A: No. Minors aged 15 days to 18 years employed in the entertainment industry must have a permit to work, and employers must have a permit to employ, both permits being issued by the Division of Labor Standards Enforcement Opens in a new window or tab.. These permits are also required for minors making phonographic recordings or who are employed as advertising or photographic models. Permits are required even when the entertainment is noncommercial in nature.

There is no fee to obtain an entertainment work permit. The application PDF opens in a new window or tab. for permission to work in the entertainment industry must be filled out completely and mailed, along with any required documents and a pre-addressed, stamped envelope, to any office of the Division of Labor Standards Enforcement. To find the nearest DLSE office, use the division's office locator Opens in a new window or tab..

Q: Do teenage actors have to attend school?

A: Yes. If a performer is under 18 years and unable to attend his or her regular school, the employer must provide a studio teacher to teach during school days. In addition, the studio teacher is present on the set with minors on Saturdays, Sundays, holidays, and during vacations. The studio teacher, in addition to teaching, has the responsibility for attending to the health, safety, and morals of minors under 16 years of age while the minors are employed by the entertainment industry. The studio teacher may refuse to allow the use of a minor on a set or location, if , in the judgment of the studio teacher, conditions are such as to present a danger to the health, safety, or morals of the minor.

Q: If I've graduated from high school, do I need a work permit?

A: Once a minor is no longer subject to the state's compulsory education laws, he/she is not considered a minor for purposes of the state's child labor laws (labor code 1286[c]). Therefore, a high school graduate does not require a permit and may work in any occupation.

Q: If I have more than one job, do I need more than one work permit?

A: Yes, you will need a separate work permit for each job that you hold.

Q: When do work permits expire?

A: Summer work permits expire five days after the beginning of the next school year. Work permits issued during the school year, providing you remain with the same employer, expire five days after the following school year begins.

Q: Do I need to get a new work permit if I'm working now?

A: A new work permit must be obtained at the beginning of each school year.

Q: Can my parent/guardian bring in my Request for Work Permit and be issued a work permit?

A: No, you must email your Request for Work Permit after it has been completed. The work permit will require the student's ID and signature before it may be issued. The student must be present when the work permit is issued.

Q: Can I start working when my employer signs the Request for Work Permit?

A: No, you must have the work permit issued first before you can begin working.

Q: What ages are required to have a work permit?

A: Any student under the age of 18 who has not graduated from high school must have a work permit on file.

Q: Can I get a work permit at CSDR?

A: Yes, during the school year, work permits are issued at CSDR. In the summer, Career Center and Office of Assistant Superintendent issue work permits.

Legal References

For more information about education codes, child labor laws, work permits, etc.); Here are legal references you can search through search engine.

Education Code
48230 Exemption from full-time school attendance for students with work permits
48231 Exemption from compulsory attendance for students entering attendance area near end of term
49100-49101 Compulsory attendance
49110-49119 Permits to work
49130-49135 Permits to work full time
49140-49141 Exceptions
49160-49165 Employment of minors; duties of employers
49180-49183 Violations
51760-51769.5 Work experience education
52300-52499.66 Career technical education

Work Permits

LABOR CODE
1285-1312 Employment of minors
1391-1394 Working hours for minors

CODE OF REGULATIONS, TITLE 5
16023-16027 District records, retention and destruction

CODE OF REGULATIONS, TITLE 8
11701-11707 Prohibited and dangerous occupations for minors
11750-11763 Work permits and conditions, minor employed in entertainment industry

CODE OF FEDERAL REGULATIONS, TITLE 29
570.1-570.129 Child labor regulations

ATTORNEY GENERAL OPINIONS
18 Ops.Cal.Atty.Gen. 114 (1951)

Websites

Department of Education, Work Experience Education Opens in a new window or tab.

California Department of Education, Office of Regional Occupational Centers and Programs and Workforce Development Opens in a new window or tab.

Department of Industrial Relations Opens in a new window or tab.