296 | 2024 Cal-Peculiarities ©2024 Seyfarth Shaw LLP www.seyfarth.com 7.25.16 Status of minors LC § Description Penalty 1299 Files on Minors. Employers of minors must keep on file all relevant permits and certificates to work or to employ such minors. The files shall be open at all times to the inspection of the school attendance and probation officers, the State Board of Education, and the officers of the Division of Labor Standards Enforcement. LC 2699 1302 Employers Must Permit Inspections of Files on Minors. Employers must allow attendance supervisor or probation officer to enter workplace to inspect work permits regarding minors. LC 2699 1311.5 Child Protection Act of 2014. Employers must not discriminate, discharge, or threaten any adverse action against any individual for filing a claim for Labor Code violations that arose while the individual was a minor. The statute of limitations for Labor Code claims are tolled until the aggrieved individual attains the age of majority. $25,000- $50,000 for each class “A” violation, as defined in LC 1288 1391 Work Hours for Minors 16-17 Years Old. Minors 16-17 years old must not work more than eight hours within 24 hours, more than 40 hours within one week, or before 7 a.m. or after 7 p.m. on any day preceding a schoolday, except that they can work during the evening preceding a nonschoolday until 12:30 a.m. of the nonschoolday. When school is in session, minors 16-17 years old must not work more than four hours in a schoolday unless they are employed in “personal attendant” occupation, school-approved work experience, or cooperative vocational education program, or have a work permit. fines up to $10,000 for willful violation 1391.1 Minors Work Between 10 p.m.-12:30 a.m. Minors 16-18 years old enrolled in work experience or cooperative vocational education programs may work after 10 p.m. but not later than 12:30 a.m. if not detrimental to health, education, or welfare of minor and with approval of parent and work experience coordinator, but work between 10 p.m. to 12:30 a.m. is subject to minimum wage paid to adults. LC 2699 1391.2 Minors Who Have High School Equivalency Can Be Employed As Adults. For minors under 18 who have completed high school equivalency can be employed on same terms as adults, if paid in manner equivalent to adults. LC 2699 7.25.17 Miscellaneous LC § Description Penalty 1050, 1052 No Misrepresentations to Prevent Reemployment. Employers commit a misdemeanor if they make misrepresentations to prevent a former employee from obtaining new job, or if they fail to take all reasonable steps to prevent such a violation. LC 1054: treble damages
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