EdLawConnect Blog

Summer is here, meaning some of your students will be taking on summer jobs. Although school may not be in session, all minors under 18 years of age (except in limited circumstances) must still have a permit to work. (Educ. Code § 49160, Labor Code § 1299.)

Work permits are issued for employment at a specified address. (Educ. Code §§ 49915, 49163). Permits must note the maximum number of hours a minor may work in a day and a week, and the range of hours during the day that a minor may work. When school is not in session, all students may work a maximum of eight hours per day.  Students ages 12-15 may work a maximum of 40 hours per week while students ages 16-17 may work a maximum of 48 hours per week (Labor Code §§ 1391, 1392). Students ages 12-15 may work between 7 a.m. and 9 p.m. while students ages 16- 17 may work from 5 am to 12:30 a.m. (Id.)

Minors work with the permission of the local school district, and no law requires a district to issue a permit for the maximum hours allowed by law. Depending on the minor’s particular circumstances or local district policy, school officials may also impose additional restrictions at their discretion. A district may revoke a permit for any violation of such special restrictions. (Educ. Code § 49164).

Work permits may be denied or cancelled at any time by a district if the conditions for issuance of the certificate or permit do not exist, no longer exist, or have never existed. (Labor Code § 1300, Educ. Code § 49164). A district may also revoke a student’s summer work permit if it believes that the health of the minor is being impaired by employment. (Educ. Code § 49116.)

Permits issued during the summer expire five days before the opening of the next succeeding school year and must be renewed if the student wishes to continue working during the school year. (Educ. Code §49118.)  The restrictions on the hours and duration of employment for minors are different during the school year.  More information is available online on the Division of Labor Standard’s Enforcement website.