1285. It is the intent of the Legislature in enacting Sections 1286
to 1289, inclusive, to establish a citation system for the
imposition of prompt and effective civil sanctions against violators
of the laws and regulations of this state relating to the employment
of minors. The civil penalties provided for in this article are in
addition to any other penalty provided by law.
1286. As used in this article:
(a) "Director" means the Director of Industrial Relations or his
or her designee.
(b) "Department" means the Department of Industrial Relations.
(c) "Minor" means any person under the age of 18 years who is
required to attend school under Chapter 2 (commencing with Section
48200) and Chapter 3 (commencing with Section 48400) of Part 27 of
the Education Code and any person under the age of six years. A
person under the age of 18 years who is not required to attend school
under Chapter 2 (commencing with Section 48200) and Chapter 3
(commencing with Section 48400) of Part 27 of the Education Code
solely because that person is a nonresident of California shall still
be considered a minor.
(d) "Labor Commissioner" means the Chief of the Division of Labor
Law Enforcement, his or her deputies or agents, who shall have the
authority to conduct informal hearings and determine the amount of
civil penalties in accordance with this article.
(e) "Door-to-door sales" has the same meaning as "home
solicitation contract or offer," as defined in subdivision (a) of
Section 1689.5 of the Civil Code, except that "door-to-door sales" is
not subject to the minimum monetary limitation set forth in that
subdivision.
1287. If upon inspection or investigation the director determines
that a person is in violation of any statutory provision or rule or
regulation relating to the employment of minors, he may issue a
citation to the person in violation. The citation may be served
personally or by registered mail in accordance with subdivision (c)
of Section 11505 of the Government Code. Each citation shall be in
writing and shall describe the nature of the violation, including
reference to the statutory provisions, rule, or regulation alleged to
have been violated.
1288. Citations issued pursuant to this article shall be classified
according to the nature of the violation, and shall indicate the
classification on the face thereof, as follows:
(a) Class "A" violations are violations of Section 1290, 1292,
1293, 1293.1, 1294, 1294.1, 1294.5, 1308, 1308.1, or 1392, and any
other violations that the director determines present an imminent
danger to minor employees or a substantial probability that death or
serious physical harm would result therefrom. The violation of
Section 1391 for the third or subsequent time shall also constitute a
class "A" violation. A physical condition or one or more practices,
means, methods, or operations in use in a place of employment may
constitute a violation. A class "A" violation is subject to a civil
penalty in an amount not less than five thousand dollars ($5,000) and
not exceeding ten thousand dollars ($10,000) for each and every
violation. Willful or repeated violations shall receive higher civil
penalties than those imposed for comparable nonwillful or first
violations, not to exceed ten thousand dollars ($10,000).
(b) Class "B" violations are violations of Section 1299 or 1308.5,
or a violation of Section 1391 for the first and second time, and
those other violations that the director determines have a direct or
immediate relationship to the health, safety, or security of minor
employees, other than class "A" violations. A class "B" violation is
subject to a civil penalty in an amount not less than five hundred
dollars ($500) and not to exceed one thousand dollars ($1,000) for
each and every violation. Willful or repeated violations shall
receive higher civil penalties than those imposed for comparable
nonwillful or first violations. A second violation of Section 1391
shall be subject to a civil penalty of one thousand dollars ($1,000).
(c) Nothing in this section shall preclude the imposition of
criminal penalties provided for in this chapter.
1289. (a) If a person desires to contest a citation or the proposed
assessment of a civil penalty therefor, he or she shall within 15
business days after service of the citation notify the office of the
Labor Commissioner that appears on the citation of his or her request
for an informal hearing. The Labor Commissioner or the commissioner'
s deputy or agent shall, within 30 days, hold a hearing at the
conclusion of which the citation or proposed assessment of a civil
penalty shall be affirmed, modified, or dismissed. The decision of
the Labor Commissioner shall consist of a notice of findings,
findings, and order that shall be served on all parties to the
hearing within 15 days after the hearing by regular first-class mail
at the last known address of the party on file with the Labor
Commissioner. Service shall be completed pursuant to Section 1013 of
the Code of Civil Procedure. Any amount found due by the Labor
Commissioner as a result of a hearing shall become due and payable 45
days after notice of the findings and written findings and order
have been mailed to the party assessed. A writ of mandate may be
taken from that finding to the appropriate superior court, as long as
the party agrees to pay any judgment and costs ultimately rendered
by the court against the party for the assessment. The writ shall be
taken within 45 days of service of the notice of findings, findings,
and order thereon.
(b) A person to whom a citation has been issued, shall, in lieu of
contesting a citation pursuant to this section, transmit to the
office of the Labor Commissioner designated on the citation the
amount specified for the violation within 15 business days after
issuance of the citation.
(c) When no petition objecting to a citation or the proposed
assessment of a civil penalty is filed, a certified copy of the
citation or proposed civil penalty may be filed by the Labor
Commissioner in the office of the clerk of the superior court in any
county in which the person assessed has property or in which the
person assessed has or had a place of business. The clerk,
immediately upon the filing, shall enter judgment for the state
against the person assessed in the amount shown on the citation or
proposed assessment of a civil penalty.
(d) When findings and the order thereon are made affirming or
modifying a citation or proposed assessment of a civil penalty after
hearing, a certified copy of the findings and the order entered
thereon may be entered by the Labor Commissioner in the office of the
clerk of the superior court in any county in which the person
assessed has property or in which the person assessed has or had a
place of business. The clerk, immediately upon the filing, shall
enter judgment for the state against the person assessed in the
amount shown on the certified order.
(e) A judgment entered pursuant to this section shall bear the
same rate of interest and shall have the same effect as other
judgments and be given the same preference allowed by law on other
judgments rendered for claims for taxes. The clerk shall make no
charge for the service provided by this section to be performed by
him or her.
1290. No minor under the age of 16 years shall be employed,
permitted, or suffered to work in or in connection with any
manufacturing establishment or other place of labor or employment at
any time except as may be provided in this article or by the
provisions of Part 27 (commencing with Section 48000) of the
Education Code.
1291. Work is done for a manufacturing establishment within the
meaning of this article whenever it is done at any place upon the
work of a manufacturing establishment, or upon any of the materials
entering into the products of a manufacturing establishment, whether
under contract or arrangement with any person in charge of or
connected with a manufacturing establishment directly or indirectly
through contractors or third persons.
1292. No minor under the age of sixteen years shall be employed or
permitted to work in any capacity in:
(a) Adjusting any belt to any machinery.
(b) Sewing or lacing machine belts in any workshop or factory.
(c) Oiling, wiping, or cleaning machinery, or assisting therein.
1293. No minor under the age of sixteen years shall be employed, or
permitted, to work in any capacity in operating or assisting in
operating any of the following machines:
(a) Circular or band saws; wood shapers; wood-jointers; planers;
sandpaper or wood-polishing machinery; wood turning or boring
machinery.
(b) Picker machines or machines used in picking wool, cotton,
hair, or other material; carding machines; leather-burnishing
machines; laundry machinery.
(c) Printing-presses of all kinds; boring or drill presses;
stamping machines used in sheet-metal and tinware, in paper and
leather manufacturing, or in washer and nut factories; metal or
paper-cutting machines; paper-lace machines.
(d) Corner-staying machines in paper-box factories; corrugating
rolls, such as are used in corrugated paper, roofing or washboard
factories.
(e) Dough brakes or cracker machinery of any description.
(f) Wire or iron straightening or drawing machinery; rolling-mill
machinery; power punches or shears; washing, grinding or mixing
machinery; calendar rolls in paper and rubber manufacturing;
steam-boilers; in proximity to any hazardous or unguarded belts,
machinery or gearing.
1293.1. (a) Except as provided in subdivision (c) of Section 1394,
no minor under the age of 12 years may be employed or permitted to
work, or accompany or be permitted to accompany an employed parent or
guardian, in an agricultural zone of danger. As used in this
section, "agricultural zone of danger" means any or all of the
following:
(1) On or about moving equipment.
(2) In or about unprotected chemicals.
(3) In or about any unprotected water hazard.
The Department of Industrial Relations may, after hearing,
determine other hazards that constitute an agricultural zone of
danger.
(b) Except for employment described in subdivision (a) of Section
1394, no minor under the age of 12 years may be employed or permitted
to work, or accompany an employed parent or guardian, in any of the
occupations declared hazardous for employment of minors below 16
years of age in Section 570.71 of Title 29 of the Code of Federal
Regulations, as that regulation may be amended from time to time.
1294. No minor under the age of 16 years shall be employed or
permitted to work in any capacity:
(a) Upon any railroad, whether steam, electric, or hydraulic.
(b) Upon any vessel or boat engaged in navigation or commerce
within the jurisdiction of this state.
(c) In, about, or in connection with any processes in which
dangerous or poisonous acids are used, in the manufacture or packing
of paints, colors, white or red lead, or in soldering.
(d) In occupations causing dust in injurious quantities, in the
manufacture or use of dangerous or poisonous dyes, in the manufacture
or preparation of compositions with dangerous or poisonous gases, or
in the manufacture or use of compositions of lye in which the
quantity thereof is injurious to health.
(e) On scaffolding, in heavy work in the building trades, in any
tunnel or excavation, or in, about or in connection with any mine,
coal breaker, coke oven or quarry.
(f) In assorting, manufacturing or packing tobacco.
(g) Operating any automobile, motorcar, or truck.
(h) In any occupation dangerous to the life or limb, or injurious
to the health or morals of the minor.
1294.1. (a) No minor under the age of 16 years shall be employed or
permitted to work in either of the following:
(1) Any occupation declared particularly hazardous for the
employment of minors below the age of 16 years in Section 570.71 of
Subpart E-1 of Part 570 of Title 29 of the Code of Federal
Regulations, as that regulation may be revised from time to time.
(2) Any occupation excluded from the application of Subpart C of
Part 570 of Title 29 of the Code of Federal Regulations, as set forth
in Section 570.33 and paragraph (b) of Section 570.34 thereof, as
those regulations may be revised from time to time.
(b) No minor shall be employed or permitted to work in any
occupation declared particularly hazardous for the employment of
minors between 16 and 18 years of age, or declared detrimental to
their health or well-being, in Subpart E of Part 570 of Title 29 of
the Code of Federal Regulations, as those regulations may be revised
from time to time.
(c) Nothing in this section shall prohibit a minor engaged in the
processing and delivery of newspapers from entering areas of a
newspaper plant, other than areas where printing presses are located,
for purposes related to the processing or delivery of newspapers.
1294.3. Minors 14 and 15 years of age may be employed in
occupations not otherwise prohibited by this chapter, including, but
not limited to, the following:
(a) Office and clerical work, including the operation of office
machines.
(b) Cashiering, selling, modeling, art work, work in advertising
departments, window trimming, and comparative shopping.
(c) Price marking and tagging by hand or by machine, assembling
orders, packing and shelving.
(d) Bagging and carrying out customers' orders.
(e) Errand and delivery work by foot, bicycle, and public
transportation.
(f) Cleanup work, including the use of vacuum cleaners and floor
waxers, and maintenance of grounds, but not including the use of
power-driven mowers or cutters.
(g) Kitchen work and other work involved in preparing and serving
food and beverages, including the operation of machines and devices
used in the performance of this work, including, but not limited to,
dishwashers, toasters, dumbwaiters, popcorn poppers, milkshake
blenders, and coffee grinders.
(h) Cleaning vegetables and fruits, and wrapping, sealing,
labeling, weighing, pricing, and stocking goods when performed in
areas physically separate from areas where meat is prepared for sale
and outside freezers or meat coolers.
1294.4. Nothing in this chapter shall be construed to prohibit a
minor engaged in the delivery of newspapers to consumers from making
deliveries by foot, bicycle, public transportation, or by an
automobile driven by a person 16 years of age or older.
1294.5. (a) Minors 16 and 17 years of age may work in gas service
stations in the following activities:
(1) Dispensing gas or oil.
(2) Courtesy service.
(3) Car cleaning, washing, and polishing.
(4) Activities specified in Section 1294.3.
(b) No minor 16 or 17 years of age may perform work in gas service
stations that involves the use of pits, racks, or lifting apparatus,
or that involves the inflation of any tire mounted on a rim equipped
with a removable retaining ring.
(c) Minors under the age of 16 years may be employed in gas
service stations to perform only those activities specified in
Section 1294.3.
1295. (a) Sections 1292, 1293, 1294, and 1294.5 shall not apply to
any of the following:
(1) Courses of training in vocational or manual training schools
or in state institutions.
(2) Apprenticeship training provided in an apprenticeship training
program established pursuant to Chapter 4 (commencing with Section
3070) of Division 3.
(3) Work experience education programs conducted pursuant to
either or both Section 29007.5 and Article 5.5 (commencing with
Section 5985) of Chapter 6 of Division 6 of the Education Code,
provided that the work experience coordinator determines that the
students have been sufficiently trained in the employment or work
otherwise prohibited by these sections, if parental approval is
obtained, and the principal or the counselor of the student has
determined that the progress of the student toward graduation will
not be impaired.
(b) Section 1294.1 shall not apply to the following persons as
provided by Section 570.72 of Title 29 of the Code of Federal
Regulations:
(1) Student-learners in a bona fide vocational agriculture program
working in the occupations specified in paragraph (1) of subdivision
(a) of Section 1294.1 under a written agreement that provides that
the student-learner's work is incidental to training, intermittent,
for short periods of time, and under close supervision of a qualified
person, and includes all of the following:
(A) Safety instructions given by the school and correlated with
the student-learners's on-the-job training.
(B) A schedule of organized and progressive work processes for the
student-learner.
(C) The name of the student-learner.
(D) The signature of the employer and a school authority, each of
whom must keep copies of the agreement.
(2) Minors 14 or 15 years of age who hold certificates of
completion of either a tractor operation or a machine operation
program and who are working in the occupations for which they have
been trained. These certificates are valid only for the occupations
specified in paragraph (1) of subdivision (a) of Section 1294.1.
Farmers employing minors who have completed this program shall keep a
copy of the certificates of completion on file with the minor's
records.
(3) Minors 14 and 15 years old who hold certificates of completion
of either a tractor operation or a machine operation program of the
United States Office of Education Vocational Agriculture Training
Program and are working in the occupations for which they have been
trained. These certificates are valid only for the occupations
specified in paragraph (1) of subdivision (a) of Section 1294.1.
Farmers employing minors who have completed this program shall keep a
copy of the certificate of completion on file with the minor's
records.
1295.5. (a) Notwithstanding Section 1391 of this code or Section
49116 of the Education Code, minors 14 years of age and older may be
employed during the hours permitted by subdivision (b) to perform
sports-attending services in professional baseball as enumerated in
subsection (b) of Section 570.35 of Title 29 of the Code of Federal
Regulations. No employer may employ a minor 14 or 15 years of age to
perform sports-attending services in professional baseball without
the prior written approval of either the school district of the
school in which the minor is enrolled or the county board of
education of the county in which that school district is located.
(b) Any minor 14 or 15 years of age who performs sports-attending
services in professional baseball pursuant to subdivision (a) may be
employed outside of school hours until 12:30 a.m. during any evening
preceding a nonschoolday and until 10 p.m. during any evening
preceding a schoolday. No employer may employ a minor 14 or 15 years
of age to perform sports-attending services in professional baseball
pursuant to subdivision (a) for more than five hours in any
schoolday, for more than 18 hours in any week while school is in
session, for more than eight hours in any nonschoolday, or for more
than 40 hours in any week that school is not in session. An employer
may employ a minor 16 or 17 years of age outside of school hours to
perform sports-attending services in professional baseball pursuant
to subdivision (a) for up to five hours in any schoolday.
(c) The school authority issuing the permit to the minor to
perform sports-attending services in professional baseball shall both
(1) provide the local office of the Division of Labor Standards
Enforcement with a copy of the permit within five business days after
the date the permit is issued and (2) monitor the academic
achievement of the minor to ensure that the educational progress of
the minor is being maintained or improves during the period of
employment.
1296. The Division of Labor Standards Enforcement may, after a
hearing, determine whether any particular trade, process of
manufacture, or occupation, in which the employment of minors is not
already forbidden by law, or whether any particular method of
carrying on the trade, process of manufacture, or occupation is
sufficiently dangerous to the lives or limbs or injurious to the
health or morals of minors to justify their exclusion therefrom. No
minor shall be employed or permitted to work in any occupation thus
determined to be dangerous or injurious to minors. Any determination
hereunder may be reviewed by the superior court.
1297. No minor under the age of 16 years shall be employed or
permitted to work as a messenger for any telegraph, telephone, or
messenger company, or for the United States government or any of its
departments while operating a telegraph, telephone, or messenger
service, in the distribution, transmission, or delivery of goods or
messages in cities of more than 15,000 inhabitants; nor shall any
minor under the age of 18 years be employed, permitted, or suffered
to engage in such work before 6 o'clock in the morning or after 9 o'
clock in the evening. Nothing in this section shall apply to any
minor employed to deliver newspapers to consumers.
1298. (a) Notwithstanding Section 1308.1, no minor under 12 years
of age shall be employed or permitted to work at any time in or in
connection with the occupation of selling or distributing newspapers,
magazines, periodicals, or circulars.
(b) This section shall not apply to a minor who is at least 10
years of age and is engaged as a newspaper carrier on the effective
date of the act adding this subdivision.
1299. Every person, or agent or officer thereof, employing minors,
either directly or indirectly through third persons, shall keep on
file all permits and certificates, either to work or to employ,
issued under this article or Part 27 (commencing with Section 48000)
of the Education Code. 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.
1300. All certificates and permits to work or to employ shall be
subject to cancellation at any time by the Labor Commissioner or by
the issuing authority, whenever the commissioner or the issuing
authority finds that the conditions for the legal issuance of such
certificate or permit no longer exist or have never existed.
1301. (a) The provisions of this article concerning the employment
of minors, and the civil penalties for violations of those
provisions, shall be fully applicable to every person who owns or
controls the real property upon which a minor is employed, whether or
not that person is the minor's employer, if the minor's employment
is for the benefit of the person, and the person has knowingly
permitted the violation or continuation of violations.
(b) The posting of a notice pursuant to Section 49140 of the
Education Code shall not operate to exempt any person from this
article.
1302. The attendance supervisor, who is a full-time attendance
supervisor performing no other duties, of any county, city and
county, or school district in which any place of employment is
situated, or the probation officer of the county, may at any time,
enter the place of employment for the purpose of examining permits to
work or to employ of all minors employed in the place of employment,
or for the purpose of investigating violations of this article or of
Chapter 2 (commencing with Section 48200), 3 (commencing with
Section 48400), or 7 (commencing with Section 49100) of Part 27 of
the Education Code. If an attendance supervisor or probation officer
is denied entrance to the place of employment, or if any violations
of laws relating to the employment of minors are found to exist, the
attendance supervisor or probation officer shall report the denial of
entrance or the violation to the Labor Commissioner. The report
shall be made within 48 hours and shall be in writing, setting forth
the fact that he or she has good cause to believe that these laws are
being violated in the place of employment, and describing the nature
of the violation.
1303. Any person, or agent or officer thereof, employing either
directly or indirectly through third persons, or any parent or
guardian of a minor affected by this article who violates any
provision hereof, or who employs, or permits any minor to be employed
in violation hereof, 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 six months, or both. Any person who willfully violates
this article 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
article.
1304. Failure to produce any permit or certificate either to work
or to employ is prima facie evidence of the illegal employment of any
minor whose permit or certificate is not so produced. Proof that any
person was the manager or superintendent of any place of employment
subject to the provisions of this article at the time any minor is
alleged to have been employed therein in violation thereof, is prima
facie evidence that the person employed, or permitted the minor so to
work. The sworn statement of the Labor Commissioner or his deputy or
agents as to the age of any child affected by this article is prima
facie evidence of the age of such child.
1305. (a) All fines and penalties collected under this article,
other than as the result of a judicial proceeding to enforce
collection, shall be paid to the department in the form of
remittances payable to the Department of Industrial Relations. The
department shall transmit the payments to the State Treasury and the
payments shall be credited to the General Fund.
(b) Notwithstanding Section 1463 of the Penal Code, all fines and
penalties collected in judicial proceedings to enforce their
collection, except for the civil penalties that are assessed and
collected pursuant to Sections 1287, 1288, and 1289, shall be
allocated pursuant to court order. The court shall direct that 50
percent of the fines and penalties assessed shall be transmitted to
the county treasury, if prosecuted by the district attorney or the
county counsel, or to the city treasury, if prosecuted by the city
attorney, 25 percent of the fines and penalties assessed shall be
transmitted to the Department of Industrial Relations to be
available, upon appropriation by the Legislature, for the purpose of
recovering costs incurred by the department pursuant to this chapter,
and 25 percent of the fines and penalties assessed be transmitted to
the Treasurer for deposit in the State Treasury to the credit of the
General Fund.
1307. All minors coming within the provisions of Division 9
(commencing with Section 10501) of the Education Code shall be placed
or delivered into the custody of the school district authorities of
the county or city in which they are found illegally at work.
1308. (a) Any person is guilty of a misdemeanor and is punishable
by a fine of not less than one thousand dollars ($1,000) and not more
than five thousand dollars ($5,000), imprisonment for not exceeding
six months, or both, who, as parent, relative, guardian, employer, or
otherwise having the care, custody, or control of any minor under
the age of 16 years, exhibits, uses, or employs, or in any manner or
under any pretense, sells, apprentices, gives away, lets out, or
disposes of the minor to any person, under any name, title, or
pretense for, or who causes, procures, or encourages the minor to
engage in any of the following:
(1) Any business, exhibition, or vocation injurious to the health
or dangerous to the life or limb of the minor.
(2) The vocation, occupation, service, or purpose of singing,
playing on musical instruments, rope or wire walking, dancing,
begging, or peddling, or as a gymnast, acrobat, contortionist, or
rider, in any place whatsoever.
(3) Any obscene, indecent, or immoral purposes, exhibition, or
practice whatsoever. Notwithstanding any other provision of law, this
paragraph shall apply to a person with respect to any minor under
the age of 18 years.
(4) Any mendicant or wandering business.
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 article.
(b) Nothing in this section applies to or affects any of the
following:
(1) The employment or use of any minor as a singer or musician in
any church, school, or academy, or the teaching or learning of the
science or practice of music.
(2) The employment of any minor as a musician at any concert or
other musical entertainment, or as a performer in any form of
entertainment, on the written consent of the Labor Commissioner
pursuant to Section 1308.5.
(3) The participation by any minor of any age, whether or not the
minor receives payment for his or her services or receives money
prizes, in any horseback riding exhibition, contest, or event other
than a rough stock rodeo event, circus, or race. As used in this
paragraph, "rough stock rodeo event" means any rodeo event operated
for profit or operated by other than a nonprofit organization in
which unbroken, little-trained, or imperfectly trained animals are
ridden or handled by the participant, and shall include, but not be
limited to, saddle bronc riding, bareback riding, and bull riding. As
used in this paragraph, "race" means any speed contest between two
or more animals that are on a course at the same time and that is
operated for profit or operated other than by a nonprofit
organization.
(4) The leading of livestock by a minor in nonprofit fairs, stock
parades, livestock shows and exhibitions.
1308.1. (a) No minor under the age of 6 years shall be permitted to
engage in the door-to-door sales or street sales of candy, cookies,
flowers, or any other merchandise or commodities.
(b) No minor under 16 years of age, permitted by law to engage in
door-to-door sales of newspaper or magazine subscriptions, or of
candy, cookies, flowers, or other merchandise or commodities, shall
be employed in those activities more than 50 miles from his or her
place of residence.
1308.2. (a) Except as provided in subdivision (f), any person 18
years of age or older who transports, or provides direction or
supervision during transportation of, a minor under 16 years of age
to any location more than 10 miles from the minor's residence, or
directs or supervises a minor, for the purpose of facilitating the
minor's participation in door-to-door sales of any merchandise or
commodity, shall register with the Labor Commissioner pursuant to
this section. Registration may be renewed on an annual basis.
(b) The Labor Commissioner shall not register or renew
registration of any person pursuant to this section unless all of the
following conditions are satisfied:
(1) The person has executed a written application on a form
prescribed by the Labor Commissioner, including all of the following:
(A) The name, address, social security number, and California
driver's license number of the applicant and the name, address, and
employer identification number of the organization from which the
merchandise to be sold is purchased. The information provided
pursuant to this subparagraph shall be set forth in a declaration of
the individual applicant under penalty of perjury.
(B) A statement by the applicant containing all facts required by
the Labor Commissioner concerning the applicant's character,
competency, responsibility, and the manner and method by which the
applicant proposes to transport the minor or minors, the number of
minors to be transported, methods and levels of adult supervision to
be provided, the nature of the merchandise to be sold, the content of
any promotional statement to be delivered by any minor, and a
description of how the merchandise or commodity to be sold would be
represented to the public.
(2) The Labor Commissioner, following an investigation thereof, is
satisfied as to the character, competency, and responsibility of the
applicant.
(3) Each application for initial registration shall be accompanied
by a fee determined by the Labor Commissioner in an amount
sufficient in the aggregate to defray the division's costs of
administering the registration program, but which shall not exceed
one hundred dollars ($100) for initial registration or fifty dollars
($50) for registration renewal.
(c) Any registrant under this section shall have proof of
registration with the Labor Commissioner in his or her immediate
possession at all times when engaged in any activity described in
subdivision (a).
(d) Whenever an application for a registration or renewal is made,
and application processing pursuant to this section has not been
completed, the Labor Commissioner may, at his or her discretion,
issue a temporary or provisional registration valid for a period not
exceeding 90 days, and subject, where appropriate, to summary
revocation by the Labor Commissioner. Otherwise, the conditions for
issuance or renewal of registration shall meet the requirements of
subdivision (b).
(e) Any person who violates subdivision (a) or (c) is guilty of a
misdemeanor, punishable by a fine of one thousand dollars ($1,000)
per affected minor upon the first conviction for a violation, two
thousand five hundred dollars ($2,500) per affected minor for the
second conviction for a violation, and ten thousand dollars ($10,000)
per affected minor for a third or subsequent conviction for a
violation.
(f) The following persons are not required to register under this
section:
(1) A parent or the guardian of the minor.
(2) A person solely providing transportation for hire, who is not
otherwise subject to the registration requirements of subdivision
(a).
(3) A person acting on behalf of a trustee or charitable
corporation, as defined in Sections 12582 and 12582.1, respectively,
of the Government Code, or of any entity described in Section 12583
of the Government Code.
1308.3. (a) Except as provided in subdivision (g), any individual,
association, corporation, or other entity that employs or uses,
either directly or indirectly through third persons, minors under 16
years of age in door-to-door sales at any location more than 10 miles
from the minor's residence shall register with the Labor
Commissioner pursuant to this section. Registration may be renewed on
an annual basis.
(b) The Labor Commissioner shall not register or renew
registration of any applicant pursuant to this section unless all of
the following conditions are satisfied:
(1) The organization has executed a written application therefor
on a form prescribed by the Labor Commissioner, including all of the
following:
(A) The company's name, address, and employer identification
number, and the names, addresses, and social security numbers of all
adults employed to supervise, accompany, or transport minors who
would be engaged in door-to-door sales. The information provided
pursuant to this subparagraph shall be set forth in a declaration
under penalty of perjury by the applicant if an individual, or an
officer of an applicant that is an association, corporation, or other
entity.
(B) A statement of all the facts required by the Labor
Commissioner concerning the nature of the merchandise to be sold and
a plan detailing the level and nature of adult supervision to be
provided minors engaged in door-to-door sales. The information
provided pursuant to this subparagraph shall be by declaration under
penalty of perjury by the individual, or an officer of the
association, corporation, or other entity.
(C) A copy of any written contract or other written agreement to
be offered by the applicant to minors employed or used by the
applicant in door-to-door sales.
(2) The Labor Commissioner, following an investigation thereof, is
satisfied that the employer has not previously violated this article
and does not propose to expose minors in its employ to hazardous or
unsafe working conditions.
(3) Each application for initial registration shall be accompanied
by a fee determined by the Labor Commissioner in an amount
sufficient in the aggregate to defray the division's costs of
administering the registration program, but which shall not exceed
three hundred fifty dollars ($350) for initial registration or two
hundred dollars ($200) for registration renewal.
(c) Any registrant under this section shall, upon request, make
available for inspection by the Labor Commissioner all of its payroll
records for any period.
(d) Any registrant under this section, or person acting on behalf
of a registrant, shall have proof of registration with the Labor
Commissioner in his or her immediate possession at all times when
engaged in any activity described in subdivision (a).
(e) Whenever an application for a registration or renewal is made,
and application processing pursuant to this section has not been
completed, the Labor Commissioner may, at his or her discretion,
issue a temporary or provisional registration valid for a period not
exceeding 90 days, and subject, where appropriate, to summary
revocation by the Labor Commissioner. Otherwise, the conditions for
issuance or renewal of registration shall meet the requirements of
subdivision (a).
(f) Any person or entity, or any agent or officer thereof, who
violates subdivision (a) or (d), and any parent or guardian who
knowingly permits a minor in his or her custody to be employed in
door-to-door sales specified in subdivision (a) by an unregistered
person or entity, or permits any minor to be employed in violation
hereof, is guilty of a misdemeanor, punishable by a fine of one
thousand dollars ($1,000) per affected minor for the first conviction
for a violation, two thousand five hundred dollars ($2,500) per
affected minor for the second conviction for a violation, and ten
thousand dollars ($10,000) per affected minor for a third or
subsequent conviction for a violation.
(g) This section does not apply to any trustee or charitable
corporation, as defined in Sections 12582 and 12582.1, respectively,
of the Government Code, or to any entity described in Section 12583
of the Government Code.
1308.4. The Labor Commissioner may revoke, suspend, or refuse to
renew any registration under Section 1308.2 or 1308.3 when any of the
following have occurred:
(a) The registrant or any agent of the registrant has violated or
failed to comply with Section 1308.2 or 1308.3.
(b) The registrant has made any misrepresentation or false
statement in his or her application for registration under Section
1308.2 or 1308.3.
(c) The registrant has operated in a manner substantially
different from the conditions of operation stated in the application
for registration.
(d) The registrant, or any agent of the registrant, has been found
by a court of law or the Labor Commissioner to have violated, or
willfully aided or abetted any person in the violation of, any law of
this state regulating the employment of minors, the payment of wages
to minors, or the conditions, terms, or places of employment
affecting the health and safety of minors.
(e) The registrant has been found, by a court of law or the
Secretary of Labor, to have violated any provision of the child labor
provisions set forth in Section 12 of the federal Fair Labor
Standards Act of 1938, as amended (29 U.S.C. Sec. 212).
1308.5. (a) This section, with the exception of paragraph (4) of
this subdivision, shall apply to all minors under the age of 16
years. The written consent of the Labor Commissioner is required for
any minor, not otherwise exempted by this chapter, for any of the
following:
(1) The employment of any minor, in the presentation of any drama,
legitimate play, or in any radio broadcasting or television studio.
(2) The employment of any minor 12 years of age or over in any
other performance, concert, or entertainment.
(3) The appearance of any minor over the age of eight years in any
performance, concert, or entertainment during the public school
vacation.
(4) Allowing any minor between the ages of 8 and 18 years, who is
by any law of this state permitted to be employed as an actor,
actress, or performer in a theater, motion picture studio, radio
broadcasting studio, or television studio, before 10 o'clock p.m., in
the presentation of a performance, play, or drama continuing from an
earlier hour until after 10 o'clock, to continue his part in such
presentation between the hours of 10 and 12 p.m.
(5) The appearance of any minor in any entertainment which is
noncommercial in nature.
(6) The employment of any minor artist in the making of phonograph
recordings.
(7) The employment of any minor as an advertising or photographic
model.
(8) The employment or appearance of any minor pursuant to a
contract approved by the superior court under Chapter 3 (commencing
with Section 6750) of Part 3 of Division 11 of the Family Code.
(b) Any person, or the agent, manager, superintendent or officer
thereof, employing either directly or indirectly through third
persons, or any parent or guardian of a minor who employs, or permits
any minor to be employed in violation of any of the provisions of
this section is guilty of a misdemeanor. Failure to produce the
written consent from the Labor Commissioner is prima facie evidence
of the illegal employment of any minor whose written consent is not
produced.
1308.6. No consent shall be given at any time unless the officer
giving it is satisfied that all of the following conditions are met:
(a) The environment in which the performance, concert, or
entertainment is to be produced is proper for the minor.
(b) The conditions of employment are not detrimental to the health
of the minor.
(c) The minor's education will not be neglected or hampered by his
or her participation in the performance, concert, or entertainment.
The Labor Commissioner may require the authority charged with the
issuance of age and schooling certificates to make the necessary
investigation into the conditions covered by this section.
1308.7. (a) No minor shall be employed in the entertainment
industry 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 may work the hours authorized
by this section during any evening preceding a nonschoolday until
12:30 a.m. of the nonschoolday.
(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 five hundred dollars ($500) nor more than
one thousand dollars ($1,000), or imprisonment in the county jail for
not more than 60 days, or both.
1308.8. (a) No infant under the age of one month may be employed on
any motion picture set or location unless a licensed physician and
surgeon who is board-certified in pediatrics provides written
certification that the infant is at least 15 days old and, in his or
her medical opinion, the infant was carried to full term, was of
normal birth weight, is physically capable of handling the stress of
filmmaking, and the infant's lungs, eyes, heart, and immune system
are sufficiently developed to withstand the potential risks.
(b) Any parent, guardian, or employer of a minor, and any officer
or agent of an employer of a minor, who directly or indirectly
violates subdivision (a), or who causes or suffers a violation of
subdivision (a), with respect to that minor, is guilty of a
misdemeanor punishable by a fine of not less than two thousand five
hundred dollars ($2,500) nor more than five thousand dollars
($5,000), by imprisonment in the county jail for not more than 60
days, or by both that fine and imprisonment.
1308.9. (a) If the Labor Commissioner provides written consent
pursuant to Section 1308.5 for the employment of a minor under a
contract described in Section 6750 of the Family Code, that consent
shall be void after the expiration of 10 business days from the date
written consent was granted, unless it is attached to a true and
correct copy of the trustee's statement evidencing the establishment
on behalf of the minor of a "Coogan Trust Account" pursuant to
Chapter 3 (commencing with Section 6750) of Part 3 of Division 11 of
the Family Code. If the written consent is attached to a true and
correct copy of that trustee's statement, the written consent shall
be valid for a six-month period.
(b) A person may not apply for the written consent of the Labor
Commissioner to employ the same minor under a contract described in
Section 6750 of the Family Code more than once in any six-month
period. If written consent is issued by the Labor Commissioner for
the employment of the same minor more than once within any six-month
period, the earliest dated written consent shall be valid and any
other written consent issued during that six-month period shall be
void.
1309. Every person who takes, receives, hires, employs, uses,
exhibits, or has in custody, for any of the purposes mentioned in
Section 1308, any minor under the age of 16, or under the age of 18,
as specified in paragraph (3) of subdivision (a) of Section 1308, 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 for not more than six months, 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 article.
1309.5. (a) Every person who, with knowledge that a person is a
minor under 18 years of age, or who, while in possession of these
facts that he or she should reasonably know that the person is a
minor under 18 years of age, knowingly sells or distributes for
resale films, photographs, slides, or magazines which depict a minor
under 18 years of age engaged in sexual conduct as defined in Section
311.4 of the Penal Code, shall determine the names and addresses of
persons from whom this material is obtained, and shall keep a record
of these names and addresses. These records shall be kept for a
period of three years after the material is obtained, and shall be
kept confidential except that they shall be available to law
enforcement officers as described in Section 830.1 and subdivision
(h) of Section 830.3 of the Penal Code upon request.
(b) Every retailer who knows or reasonably should know that films,
photographs, slides, or magazines depict a minor under the age of 18
years engaged in sexual conduct as defined in Section 311.4 of the
Penal Code, shall keep a record of the names and addresses of persons
from whom this material is acquired. These records shall be kept for
a period of three years after the material is acquired, and shall be
kept confidential except that they shall be available to law
enforcement officers as described in Section 830.1 and subdivision
(h) of Section 830.3 of the Penal Code upon request.
(c) The failure to keep and maintain the records described in
subdivisions (a) and (b) for a period of three years after the
obtaining or acquisition of this material is a misdemeanor.
Disclosure of these records by law enforcement officers, except in
the performance of their duties, is a misdemeanor.
1309.6. (a) Any person who violates any provision of Section 1309.5
shall be liable for a civil penalty not to exceed seven thousand
five hundred dollars ($7,500) for each violation, which shall be
assessed and recovered in a civil action brought in the name of the
people of the State of California by the Attorney General or by any
district attorney, county counsel, or city attorney in any court of
competent jurisdiction.
(b) If the action is brought by the Attorney General, one-half of
the penalty collected shall be paid to the treasurer of the county in
which the judgment was entered, and one-half to the State Treasurer.
If brought by a district attorney or county counsel, the entire
amount of penalty collected shall be paid to the treasurer of the
county in which the judgment was entered. If brought by a city
attorney or city prosecutor, one-half of the penalty shall be paid to
the treasurer of the county and one-half to the city.
1310. Nothing in this article or Article 2 (commencing with Section
1390) of Chapter 3 shall prohibit or prevent:
(a) The appearance of any minor in any church, public or religious
school, or community entertainment.
(b) The appearance of any minor in any school entertainment or in
any entertainment for charity or for children, for which no admission
fee is charged.
(c) The appearance of any minor in any radio or television
broadcasting exhibition, where the minor receives no compensation
directly or indirectly therefor, and where the engagement of the
minor is limited to a single appearance lasting not more than one
hour, and where no admission fee is charged for the radio
broadcasting or television exhibition.
(d) The appearance of any minor at any one event during a calendar
year, occurring on a day on which school attendance is not required
or on the day preceding such a day, lasting four hours or less, where
a parent or guardian of the minor is present, for which the minor
does not directly or indirectly receive any compensation.
1311. The Division of Labor Standards Enforcement shall enforce
this article.
1312. Nothing in this article shall 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 article, or to enforce the
provisions thereof independently and without specific direction of
the director.
1285. It is the intent of the Legislature in enacting Sections 1286
to 1289, inclusive, to establish a citation system for the
imposition of prompt and effective civil sanctions against violators
of the laws and regulations of this state relating to the employment
of minors. The civil penalties provided for in this article are in
addition to any other penalty provided by law.
1286. As used in this article:
(a) "Director" means the Director of Industrial Relations or his
or her designee.
(b) "Department" means the Department of Industrial Relations.
(c) "Minor" means any person under the age of 18 years who is
required to attend school under Chapter 2 (commencing with Section
48200) and Chapter 3 (commencing with Section 48400) of Part 27 of
the Education Code and any person under the age of six years. A
person under the age of 18 years who is not required to attend school
under Chapter 2 (commencing with Section 48200) and Chapter 3
(commencing with Section 48400) of Part 27 of the Education Code
solely because that person is a nonresident of California shall still
be considered a minor.
(d) "Labor Commissioner" means the Chief of the Division of Labor
Law Enforcement, his or her deputies or agents, who shall have the
authority to conduct informal hearings and determine the amount of
civil penalties in accordance with this article.
(e) "Door-to-door sales" has the same meaning as "home
solicitation contract or offer," as defined in subdivision (a) of
Section 1689.5 of the Civil Code, except that "door-to-door sales" is
not subject to the minimum monetary limitation set forth in that
subdivision.
1287. If upon inspection or investigation the director determines
that a person is in violation of any statutory provision or rule or
regulation relating to the employment of minors, he may issue a
citation to the person in violation. The citation may be served
personally or by registered mail in accordance with subdivision (c)
of Section 11505 of the Government Code. Each citation shall be in
writing and shall describe the nature of the violation, including
reference to the statutory provisions, rule, or regulation alleged to
have been violated.
1288. Citations issued pursuant to this article shall be classified
according to the nature of the violation, and shall indicate the
classification on the face thereof, as follows:
(a) Class "A" violations are violations of Section 1290, 1292,
1293, 1293.1, 1294, 1294.1, 1294.5, 1308, 1308.1, or 1392, and any
other violations that the director determines present an imminent
danger to minor employees or a substantial probability that death or
serious physical harm would result therefrom. The violation of
Section 1391 for the third or subsequent time shall also constitute a
class "A" violation. A physical condition or one or more practices,
means, methods, or operations in use in a place of employment may
constitute a violation. A class "A" violation is subject to a civil
penalty in an amount not less than five thousand dollars ($5,000) and
not exceeding ten thousand dollars ($10,000) for each and every
violation. Willful or repeated violations shall receive higher civil
penalties than those imposed for comparable nonwillful or first
violations, not to exceed ten thousand dollars ($10,000).
(b) Class "B" violations are violations of Section 1299 or 1308.5,
or a violation of Section 1391 for the first and second time, and
those other violations that the director determines have a direct or
immediate relationship to the health, safety, or security of minor
employees, other than class "A" violations. A class "B" violation is
subject to a civil penalty in an amount not less than five hundred
dollars ($500) and not to exceed one thousand dollars ($1,000) for
each and every violation. Willful or repeated violations shall
receive higher civil penalties than those imposed for comparable
nonwillful or first violations. A second violation of Section 1391
shall be subject to a civil penalty of one thousand dollars ($1,000).
(c) Nothing in this section shall preclude the imposition of
criminal penalties provided for in this chapter.
1289. (a) If a person desires to contest a citation or the proposed
assessment of a civil penalty therefor, he or she shall within 15
business days after service of the citation notify the office of the
Labor Commissioner that appears on the citation of his or her request
for an informal hearing. The Labor Commissioner or the commissioner'
s deputy or agent shall, within 30 days, hold a hearing at the
conclusion of which the citation or proposed assessment of a civil
penalty shall be affirmed, modified, or dismissed. The decision of
the Labor Commissioner shall consist of a notice of findings,
findings, and order that shall be served on all parties to the
hearing within 15 days after the hearing by regular first-class mail
at the last known address of the party on file with the Labor
Commissioner. Service shall be completed pursuant to Section 1013 of
the Code of Civil Procedure. Any amount found due by the Labor
Commissioner as a result of a hearing shall become due and payable 45
days after notice of the findings and written findings and order
have been mailed to the party assessed. A writ of mandate may be
taken from that finding to the appropriate superior court, as long as
the party agrees to pay any judgment and costs ultimately rendered
by the court against the party for the assessment. The writ shall be
taken within 45 days of service of the notice of findings, findings,
and order thereon.
(b) A person to whom a citation has been issued, shall, in lieu of
contesting a citation pursuant to this section, transmit to the
office of the Labor Commissioner designated on the citation the
amount specified for the violation within 15 business days after
issuance of the citation.
(c) When no petition objecting to a citation or the proposed
assessment of a civil penalty is filed, a certified copy of the
citation or proposed civil penalty may be filed by the Labor
Commissioner in the office of the clerk of the superior court in any
county in which the person assessed has property or in which the
person assessed has or had a place of business. The clerk,
immediately upon the filing, shall enter judgment for the state
against the person assessed in the amount shown on the citation or
proposed assessment of a civil penalty.
(d) When findings and the order thereon are made affirming or
modifying a citation or proposed assessment of a civil penalty after
hearing, a certified copy of the findings and the order entered
thereon may be entered by the Labor Commissioner in the office of the
clerk of the superior court in any county in which the person
assessed has property or in which the person assessed has or had a
place of business. The clerk, immediately upon the filing, shall
enter judgment for the state against the person assessed in the
amount shown on the certified order.
(e) A judgment entered pursuant to this section shall bear the
same rate of interest and shall have the same effect as other
judgments and be given the same preference allowed by law on other
judgments rendered for claims for taxes. The clerk shall make no
charge for the service provided by this section to be performed by
him or her.
1290. No minor under the age of 16 years shall be employed,
permitted, or suffered to work in or in connection with any
manufacturing establishment or other place of labor or employment at
any time except as may be provided in this article or by the
provisions of Part 27 (commencing with Section 48000) of the
Education Code.
1291. Work is done for a manufacturing establishment within the
meaning of this article whenever it is done at any place upon the
work of a manufacturing establishment, or upon any of the materials
entering into the products of a manufacturing establishment, whether
under contract or arrangement with any person in charge of or
connected with a manufacturing establishment directly or indirectly
through contractors or third persons.
1292. No minor under the age of sixteen years shall be employed or
permitted to work in any capacity in:
(a) Adjusting any belt to any machinery.
(b) Sewing or lacing machine belts in any workshop or factory.
(c) Oiling, wiping, or cleaning machinery, or assisting therein.
1293. No minor under the age of sixteen years shall be employed, or
permitted, to work in any capacity in operating or assisting in
operating any of the following machines:
(a) Circular or band saws; wood shapers; wood-jointers; planers;
sandpaper or wood-polishing machinery; wood turning or boring
machinery.
(b) Picker machines or machines used in picking wool, cotton,
hair, or other material; carding machines; leather-burnishing
machines; laundry machinery.
(c) Printing-presses of all kinds; boring or drill presses;
stamping machines used in sheet-metal and tinware, in paper and
leather manufacturing, or in washer and nut factories; metal or
paper-cutting machines; paper-lace machines.
(d) Corner-staying machines in paper-box factories; corrugating
rolls, such as are used in corrugated paper, roofing or washboard
factories.
(e) Dough brakes or cracker machinery of any description.
(f) Wire or iron straightening or drawing machinery; rolling-mill
machinery; power punches or shears; washing, grinding or mixing
machinery; calendar rolls in paper and rubber manufacturing;
steam-boilers; in proximity to any hazardous or unguarded belts,
machinery or gearing.
1293.1. (a) Except as provided in subdivision (c) of Section 1394,
no minor under the age of 12 years may be employed or permitted to
work, or accompany or be permitted to accompany an employed parent or
guardian, in an agricultural zone of danger. As used in this
section, "agricultural zone of danger" means any or all of the
following:
(1) On or about moving equipment.
(2) In or about unprotected chemicals.
(3) In or about any unprotected water hazard.
The Department of Industrial Relations may, after hearing,
determine other hazards that constitute an agricultural zone of
danger.
(b) Except for employment described in subdivision (a) of Section
1394, no minor under the age of 12 years may be employed or permitted
to work, or accompany an employed parent or guardian, in any of the
occupations declared hazardous for employment of minors below 16
years of age in Section 570.71 of Title 29 of the Code of Federal
Regulations, as that regulation may be amended from time to time.
1294. No minor under the age of 16 years shall be employed or
permitted to work in any capacity:
(a) Upon any railroad, whether steam, electric, or hydraulic.
(b) Upon any vessel or boat engaged in navigation or commerce
within the jurisdiction of this state.
(c) In, about, or in connection with any processes in which
dangerous or poisonous acids are used, in the manufacture or packing
of paints, colors, white or red lead, or in soldering.
(d) In occupations causing dust in injurious quantities, in the
manufacture or use of dangerous or poisonous dyes, in the manufacture
or preparation of compositions with dangerous or poisonous gases, or
in the manufacture or use of compositions of lye in which the
quantity thereof is injurious to health.
(e) On scaffolding, in heavy work in the building trades, in any
tunnel or excavation, or in, about or in connection with any mine,
coal breaker, coke oven or quarry.
(f) In assorting, manufacturing or packing tobacco.
(g) Operating any automobile, motorcar, or truck.
(h) In any occupation dangerous to the life or limb, or injurious
to the health or morals of the minor.
1294.1. (a) No minor under the age of 16 years shall be employed or
permitted to work in either of the following:
(1) Any occupation declared particularly hazardous for the
employment of minors below the age of 16 years in Section 570.71 of
Subpart E-1 of Part 570 of Title 29 of the Code of Federal
Regulations, as that regulation may be revised from time to time.
(2) Any occupation excluded from the application of Subpart C of
Part 570 of Title 29 of the Code of Federal Regulations, as set forth
in Section 570.33 and paragraph (b) of Section 570.34 thereof, as
those regulations may be revised from time to time.
(b) No minor shall be employed or permitted to work in any
occupation declared particularly hazardous for the employment of
minors between 16 and 18 years of age, or declared detrimental to
their health or well-being, in Subpart E of Part 570 of Title 29 of
the Code of Federal Regulations, as those regulations may be revised
from time to time.
(c) Nothing in this section shall prohibit a minor engaged in the
processing and delivery of newspapers from entering areas of a
newspaper plant, other than areas where printing presses are located,
for purposes related to the processing or delivery of newspapers.
1294.3. Minors 14 and 15 years of age may be employed in
occupations not otherwise prohibited by this chapter, including, but
not limited to, the following:
(a) Office and clerical work, including the operation of office
machines.
(b) Cashiering, selling, modeling, art work, work in advertising
departments, window trimming, and comparative shopping.
(c) Price marking and tagging by hand or by machine, assembling
orders, packing and shelving.
(d) Bagging and carrying out customers' orders.
(e) Errand and delivery work by foot, bicycle, and public
transportation.
(f) Cleanup work, including the use of vacuum cleaners and floor
waxers, and maintenance of grounds, but not including the use of
power-driven mowers or cutters.
(g) Kitchen work and other work involved in preparing and serving
food and beverages, including the operation of machines and devices
used in the performance of this work, including, but not limited to,
dishwashers, toasters, dumbwaiters, popcorn poppers, milkshake
blenders, and coffee grinders.
(h) Cleaning vegetables and fruits, and wrapping, sealing,
labeling, weighing, pricing, and stocking goods when performed in
areas physically separate from areas where meat is prepared for sale
and outside freezers or meat coolers.
1294.4. Nothing in this chapter shall be construed to prohibit a
minor engaged in the delivery of newspapers to consumers from making
deliveries by foot, bicycle, public transportation, or by an
automobile driven by a person 16 years of age or older.
1294.5. (a) Minors 16 and 17 years of age may work in gas service
stations in the following activities:
(1) Dispensing gas or oil.
(2) Courtesy service.
(3) Car cleaning, washing, and polishing.
(4) Activities specified in Section 1294.3.
(b) No minor 16 or 17 years of age may perform work in gas service
stations that involves the use of pits, racks, or lifting apparatus,
or that involves the inflation of any tire mounted on a rim equipped
with a removable retaining ring.
(c) Minors under the age of 16 years may be employed in gas
service stations to perform only those activities specified in
Section 1294.3.
1295. (a) Sections 1292, 1293, 1294, and 1294.5 shall not apply to
any of the following:
(1) Courses of training in vocational or manual training schools
or in state institutions.
(2) Apprenticeship training provided in an apprenticeship training
program established pursuant to Chapter 4 (commencing with Section
3070) of Division 3.
(3) Work experience education programs conducted pursuant to
either or both Section 29007.5 and Article 5.5 (commencing with
Section 5985) of Chapter 6 of Division 6 of the Education Code,
provided that the work experience coordinator determines that the
students have been sufficiently trained in the employment or work
otherwise prohibited by these sections, if parental approval is
obtained, and the principal or the counselor of the student has
determined that the progress of the student toward graduation will
not be impaired.
(b) Section 1294.1 shall not apply to the following persons as
provided by Section 570.72 of Title 29 of the Code of Federal
Regulations:
(1) Student-learners in a bona fide vocational agriculture program
working in the occupations specified in paragraph (1) of subdivision
(a) of Section 1294.1 under a written agreement that provides that
the student-learner's work is incidental to training, intermittent,
for short periods of time, and under close supervision of a qualified
person, and includes all of the following:
(A) Safety instructions given by the school and correlated with
the student-learners's on-the-job training.
(B) A schedule of organized and progressive work processes for the
student-learner.
(C) The name of the student-learner.
(D) The signature of the employer and a school authority, each of
whom must keep copies of the agreement.
(2) Minors 14 or 15 years of age who hold certificates of
completion of either a tractor operation or a machine operation
program and who are working in the occupations for which they have
been trained. These certificates are valid only for the occupations
specified in paragraph (1) of subdivision (a) of Section 1294.1.
Farmers employing minors who have completed this program shall keep a
copy of the certificates of completion on file with the minor's
records.
(3) Minors 14 and 15 years old who hold certificates of completion
of either a tractor operation or a machine operation program of the
United States Office of Education Vocational Agriculture Training
Program and are working in the occupations for which they have been
trained. These certificates are valid only for the occupations
specified in paragraph (1) of subdivision (a) of Section 1294.1.
Farmers employing minors who have completed this program shall keep a
copy of the certificate of completion on file with the minor's
records.
1295.5. (a) Notwithstanding Section 1391 of this code or Section
49116 of the Education Code, minors 14 years of age and older may be
employed during the hours permitted by subdivision (b) to perform
sports-attending services in professional baseball as enumerated in
subsection (b) of Section 570.35 of Title 29 of the Code of Federal
Regulations. No employer may employ a minor 14 or 15 years of age to
perform sports-attending services in professional baseball without
the prior written approval of either the school district of the
school in which the minor is enrolled or the county board of
education of the county in which that school district is located.
(b) Any minor 14 or 15 years of age who performs sports-attending
services in professional baseball pursuant to subdivision (a) may be
employed outside of school hours until 12:30 a.m. during any evening
preceding a nonschoolday and until 10 p.m. during any evening
preceding a schoolday. No employer may employ a minor 14 or 15 years
of age to perform sports-attending services in professional baseball
pursuant to subdivision (a) for more than five hours in any
schoolday, for more than 18 hours in any week while school is in
session, for more than eight hours in any nonschoolday, or for more
than 40 hours in any week that school is not in session. An employer
may employ a minor 16 or 17 years of age outside of school hours to
perform sports-attending services in professional baseball pursuant
to subdivision (a) for up to five hours in any schoolday.
(c) The school authority issuing the permit to the minor to
perform sports-attending services in professional baseball shall both
(1) provide the local office of the Division of Labor Standards
Enforcement with a copy of the permit within five business days after
the date the permit is issued and (2) monitor the academic
achievement of the minor to ensure that the educational progress of
the minor is being maintained or improves during the period of
employment.
1296. The Division of Labor Standards Enforcement may, after a
hearing, determine whether any particular trade, process of
manufacture, or occupation, in which the employment of minors is not
already forbidden by law, or whether any particular method of
carrying on the trade, process of manufacture, or occupation is
sufficiently dangerous to the lives or limbs or injurious to the
health or morals of minors to justify their exclusion therefrom. No
minor shall be employed or permitted to work in any occupation thus
determined to be dangerous or injurious to minors. Any determination
hereunder may be reviewed by the superior court.
1297. No minor under the age of 16 years shall be employed or
permitted to work as a messenger for any telegraph, telephone, or
messenger company, or for the United States government or any of its
departments while operating a telegraph, telephone, or messenger
service, in the distribution, transmission, or delivery of goods or
messages in cities of more than 15,000 inhabitants; nor shall any
minor under the age of 18 years be employed, permitted, or suffered
to engage in such work before 6 o'clock in the morning or after 9 o'
clock in the evening. Nothing in this section shall apply to any
minor employed to deliver newspapers to consumers.
1298. (a) Notwithstanding Section 1308.1, no minor under 12 years
of age shall be employed or permitted to work at any time in or in
connection with the occupation of selling or distributing newspapers,
magazines, periodicals, or circulars.
(b) This section shall not apply to a minor who is at least 10
years of age and is engaged as a newspaper carrier on the effective
date of the act adding this subdivision.
1299. Every person, or agent or officer thereof, employing minors,
either directly or indirectly through third persons, shall keep on
file all permits and certificates, either to work or to employ,
issued under this article or Part 27 (commencing with Section 48000)
of the Education Code. 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.
1300. All certificates and permits to work or to employ shall be
subject to cancellation at any time by the Labor Commissioner or by
the issuing authority, whenever the commissioner or the issuing
authority finds that the conditions for the legal issuance of such
certificate or permit no longer exist or have never existed.
1301. (a) The provisions of this article concerning the employment
of minors, and the civil penalties for violations of those
provisions, shall be fully applicable to every person who owns or
controls the real property upon which a minor is employed, whether or
not that person is the minor's employer, if the minor's employment
is for the benefit of the person, and the person has knowingly
permitted the violation or continuation of violations.
(b) The posting of a notice pursuant to Section 49140 of the
Education Code shall not operate to exempt any person from this
article.
1302. The attendance supervisor, who is a full-time attendance
supervisor performing no other duties, of any county, city and
county, or school district in which any place of employment is
situated, or the probation officer of the county, may at any time,
enter the place of employment for the purpose of examining permits to
work or to employ of all minors employed in the place of employment,
or for the purpose of investigating violations of this article or of
Chapter 2 (commencing with Section 48200), 3 (commencing with
Section 48400), or 7 (commencing with Section 49100) of Part 27 of
the Education Code. If an attendance supervisor or probation officer
is denied entrance to the place of employment, or if any violations
of laws relating to the employment of minors are found to exist, the
attendance supervisor or probation officer shall report the denial of
entrance or the violation to the Labor Commissioner. The report
shall be made within 48 hours and shall be in writing, setting forth
the fact that he or she has good cause to believe that these laws are
being violated in the place of employment, and describing the nature
of the violation.
1303. Any person, or agent or officer thereof, employing either
directly or indirectly through third persons, or any parent or
guardian of a minor affected by this article who violates any
provision hereof, or who employs, or permits any minor to be employed
in violation hereof, 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 six months, or both. Any person who willfully violates
this article 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
article.
1304. Failure to produce any permit or certificate either to work
or to employ is prima facie evidence of the illegal employment of any
minor whose permit or certificate is not so produced. Proof that any
person was the manager or superintendent of any place of employment
subject to the provisions of this article at the time any minor is
alleged to have been employed therein in violation thereof, is prima
facie evidence that the person employed, or permitted the minor so to
work. The sworn statement of the Labor Commissioner or his deputy or
agents as to the age of any child affected by this article is prima
facie evidence of the age of such child.
1305. (a) All fines and penalties collected under this article,
other than as the result of a judicial proceeding to enforce
collection, shall be paid to the department in the form of
remittances payable to the Department of Industrial Relations. The
department shall transmit the payments to the State Treasury and the
payments shall be credited to the General Fund.
(b) Notwithstanding Section 1463 of the Penal Code, all fines and
penalties collected in judicial proceedings to enforce their
collection, except for the civil penalties that are assessed and
collected pursuant to Sections 1287, 1288, and 1289, shall be
allocated pursuant to court order. The court shall direct that 50
percent of the fines and penalties assessed shall be transmitted to
the county treasury, if prosecuted by the district attorney or the
county counsel, or to the city treasury, if prosecuted by the city
attorney, 25 percent of the fines and penalties assessed shall be
transmitted to the Department of Industrial Relations to be
available, upon appropriation by the Legislature, for the purpose of
recovering costs incurred by the department pursuant to this chapter,
and 25 percent of the fines and penalties assessed be transmitted to
the Treasurer for deposit in the State Treasury to the credit of the
General Fund.
1307. All minors coming within the provisions of Division 9
(commencing with Section 10501) of the Education Code shall be placed
or delivered into the custody of the school district authorities of
the county or city in which they are found illegally at work.
1308. (a) Any person is guilty of a misdemeanor and is punishable
by a fine of not less than one thousand dollars ($1,000) and not more
than five thousand dollars ($5,000), imprisonment for not exceeding
six months, or both, who, as parent, relative, guardian, employer, or
otherwise having the care, custody, or control of any minor under
the age of 16 years, exhibits, uses, or employs, or in any manner or
under any pretense, sells, apprentices, gives away, lets out, or
disposes of the minor to any person, under any name, title, or
pretense for, or who causes, procures, or encourages the minor to
engage in any of the following:
(1) Any business, exhibition, or vocation injurious to the health
or dangerous to the life or limb of the minor.
(2) The vocation, occupation, service, or purpose of singing,
playing on musical instruments, rope or wire walking, dancing,
begging, or peddling, or as a gymnast, acrobat, contortionist, or
rider, in any place whatsoever.
(3) Any obscene, indecent, or immoral purposes, exhibition, or
practice whatsoever. Notwithstanding any other provision of law, this
paragraph shall apply to a person with respect to any minor under
the age of 18 years.
(4) Any mendicant or wandering business.
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 article.
(b) Nothing in this section applies to or affects any of the
following:
(1) The employment or use of any minor as a singer or musician in
any church, school, or academy, or the teaching or learning of the
science or practice of music.
(2) The employment of any minor as a musician at any concert or
other musical entertainment, or as a performer in any form of
entertainment, on the written consent of the Labor Commissioner
pursuant to Section 1308.5.
(3) The participation by any minor of any age, whether or not the
minor receives payment for his or her services or receives money
prizes, in any horseback riding exhibition, contest, or event other
than a rough stock rodeo event, circus, or race. As used in this
paragraph, "rough stock rodeo event" means any rodeo event operated
for profit or operated by other than a nonprofit organization in
which unbroken, little-trained, or imperfectly trained animals are
ridden or handled by the participant, and shall include, but not be
limited to, saddle bronc riding, bareback riding, and bull riding. As
used in this paragraph, "race" means any speed contest between two
or more animals that are on a course at the same time and that is
operated for profit or operated other than by a nonprofit
organization.
(4) The leading of livestock by a minor in nonprofit fairs, stock
parades, livestock shows and exhibitions.
1308.1. (a) No minor under the age of 6 years shall be permitted to
engage in the door-to-door sales or street sales of candy, cookies,
flowers, or any other merchandise or commodities.
(b) No minor under 16 years of age, permitted by law to engage in
door-to-door sales of newspaper or magazine subscriptions, or of
candy, cookies, flowers, or other merchandise or commodities, shall
be employed in those activities more than 50 miles from his or her
place of residence.
1308.2. (a) Except as provided in subdivision (f), any person 18
years of age or older who transports, or provides direction or
supervision during transportation of, a minor under 16 years of age
to any location more than 10 miles from the minor's residence, or
directs or supervises a minor, for the purpose of facilitating the
minor's participation in door-to-door sales of any merchandise or
commodity, shall register with the Labor Commissioner pursuant to
this section. Registration may be renewed on an annual basis.
(b) The Labor Commissioner shall not register or renew
registration of any person pursuant to this section unless all of the
following conditions are satisfied:
(1) The person has executed a written application on a form
prescribed by the Labor Commissioner, including all of the following:
(A) The name, address, social security number, and California
driver's license number of the applicant and the name, address, and
employer identification number of the organization from which the
merchandise to be sold is purchased. The information provided
pursuant to this subparagraph shall be set forth in a declaration of
the individual applicant under penalty of perjury.
(B) A statement by the applicant containing all facts required by
the Labor Commissioner concerning the applicant's character,
competency, responsibility, and the manner and method by which the
applicant proposes to transport the minor or minors, the number of
minors to be transported, methods and levels of adult supervision to
be provided, the nature of the merchandise to be sold, the content of
any promotional statement to be delivered by any minor, and a
description of how the merchandise or commodity to be sold would be
represented to the public.
(2) The Labor Commissioner, following an investigation thereof, is
satisfied as to the character, competency, and responsibility of the
applicant.
(3) Each application for initial registration shall be accompanied
by a fee determined by the Labor Commissioner in an amount
sufficient in the aggregate to defray the division's costs of
administering the registration program, but which shall not exceed
one hundred dollars ($100) for initial registration or fifty dollars
($50) for registration renewal.
(c) Any registrant under this section shall have proof of
registration with the Labor Commissioner in his or her immediate
possession at all times when engaged in any activity described in
subdivision (a).
(d) Whenever an application for a registration or renewal is made,
and application processing pursuant to this section has not been
completed, the Labor Commissioner may, at his or her discretion,
issue a temporary or provisional registration valid for a period not
exceeding 90 days, and subject, where appropriate, to summary
revocation by the Labor Commissioner. Otherwise, the conditions for
issuance or renewal of registration shall meet the requirements of
subdivision (b).
(e) Any person who violates subdivision (a) or (c) is guilty of a
misdemeanor, punishable by a fine of one thousand dollars ($1,000)
per affected minor upon the first conviction for a violation, two
thousand five hundred dollars ($2,500) per affected minor for the
second conviction for a violation, and ten thousand dollars ($10,000)
per affected minor for a third or subsequent conviction for a
violation.
(f) The following persons are not required to register under this
section:
(1) A parent or the guardian of the minor.
(2) A person solely providing transportation for hire, who is not
otherwise subject to the registration requirements of subdivision
(a).
(3) A person acting on behalf of a trustee or charitable
corporation, as defined in Sections 12582 and 12582.1, respectively,
of the Government Code, or of any entity described in Section 12583
of the Government Code.
1308.3. (a) Except as provided in subdivision (g), any individual,
association, corporation, or other entity that employs or uses,
either directly or indirectly through third persons, minors under 16
years of age in door-to-door sales at any location more than 10 miles
from the minor's residence shall register with the Labor
Commissioner pursuant to this section. Registration may be renewed on
an annual basis.
(b) The Labor Commissioner shall not register or renew
registration of any applicant pursuant to this section unless all of
the following conditions are satisfied:
(1) The organization has executed a written application therefor
on a form prescribed by the Labor Commissioner, including all of the
following:
(A) The company's name, address, and employer identification
number, and the names, addresses, and social security numbers of all
adults employed to supervise, accompany, or transport minors who
would be engaged in door-to-door sales. The information provided
pursuant to this subparagraph shall be set forth in a declaration
under penalty of perjury by the applicant if an individual, or an
officer of an applicant that is an association, corporation, or other
entity.
(B) A statement of all the facts required by the Labor
Commissioner concerning the nature of the merchandise to be sold and
a plan detailing the level and nature of adult supervision to be
provided minors engaged in door-to-door sales. The information
provided pursuant to this subparagraph shall be by declaration under
penalty of perjury by the individual, or an officer of the
association, corporation, or other entity.
(C) A copy of any written contract or other written agreement to
be offered by the applicant to minors employed or used by the
applicant in door-to-door sales.
(2) The Labor Commissioner, following an investigation thereof, is
satisfied that the employer has not previously violated this article
and does not propose to expose minors in its employ to hazardous or
unsafe working conditions.
(3) Each application for initial registration shall be accompanied
by a fee determined by the Labor Commissioner in an amount
sufficient in the aggregate to defray the division's costs of
administering the registration program, but which shall not exceed
three hundred fifty dollars ($350) for initial registration or two
hundred dollars ($200) for registration renewal.
(c) Any registrant under this section shall, upon request, make
available for inspection by the Labor Commissioner all of its payroll
records for any period.
(d) Any registrant under this section, or person acting on behalf
of a registrant, shall have proof of registration with the Labor
Commissioner in his or her immediate possession at all times when
engaged in any activity described in subdivision (a).
(e) Whenever an application for a registration or renewal is made,
and application processing pursuant to this section has not been
completed, the Labor Commissioner may, at his or her discretion,
issue a temporary or provisional registration valid for a period not
exceeding 90 days, and subject, where appropriate, to summary
revocation by the Labor Commissioner. Otherwise, the conditions for
issuance or renewal of registration shall meet the requirements of
subdivision (a).
(f) Any person or entity, or any agent or officer thereof, who
violates subdivision (a) or (d), and any parent or guardian who
knowingly permits a minor in his or her custody to be employed in
door-to-door sales specified in subdivision (a) by an unregistered
person or entity, or permits any minor to be employed in violation
hereof, is guilty of a misdemeanor, punishable by a fine of one
thousand dollars ($1,000) per affected minor for the first conviction
for a violation, two thousand five hundred dollars ($2,500) per
affected minor for the second conviction for a violation, and ten
thousand dollars ($10,000) per affected minor for a third or
subsequent conviction for a violation.
(g) This section does not apply to any trustee or charitable
corporation, as defined in Sections 12582 and 12582.1, respectively,
of the Government Code, or to any entity described in Section 12583
of the Government Code.
1308.4. The Labor Commissioner may revoke, suspend, or refuse to
renew any registration under Section 1308.2 or 1308.3 when any of the
following have occurred:
(a) The registrant or any agent of the registrant has violated or
failed to comply with Section 1308.2 or 1308.3.
(b) The registrant has made any misrepresentation or false
statement in his or her application for registration under Section
1308.2 or 1308.3.
(c) The registrant has operated in a manner substantially
different from the conditions of operation stated in the application
for registration.
(d) The registrant, or any agent of the registrant, has been found
by a court of law or the Labor Commissioner to have violated, or
willfully aided or abetted any person in the violation of, any law of
this state regulating the employment of minors, the payment of wages
to minors, or the conditions, terms, or places of employment
affecting the health and safety of minors.
(e) The registrant has been found, by a court of law or the
Secretary of Labor, to have violated any provision of the child labor
provisions set forth in Section 12 of the federal Fair Labor
Standards Act of 1938, as amended (29 U.S.C. Sec. 212).
1308.5. (a) This section, with the exception of paragraph (4) of
this subdivision, shall apply to all minors under the age of 16
years. The written consent of the Labor Commissioner is required for
any minor, not otherwise exempted by this chapter, for any of the
following:
(1) The employment of any minor, in the presentation of any drama,
legitimate play, or in any radio broadcasting or television studio.
(2) The employment of any minor 12 years of age or over in any
other performance, concert, or entertainment.
(3) The appearance of any minor over the age of eight years in any
performance, concert, or entertainment during the public school
vacation.
(4) Allowing any minor between the ages of 8 and 18 years, who is
by any law of this state permitted to be employed as an actor,
actress, or performer in a theater, motion picture studio, radio
broadcasting studio, or television studio, before 10 o'clock p.m., in
the presentation of a performance, play, or drama continuing from an
earlier hour until after 10 o'clock, to continue his part in such
presentation between the hours of 10 and 12 p.m.
(5) The appearance of any minor in any entertainment which is
noncommercial in nature.
(6) The employment of any minor artist in the making of phonograph
recordings.
(7) The employment of any minor as an advertising or photographic
model.
(8) The employment or appearance of any minor pursuant to a
contract approved by the superior court under Chapter 3 (commencing
with Section 6750) of Part 3 of Division 11 of the Family Code.
(b) Any person, or the agent, manager, superintendent or officer
thereof, employing either directly or indirectly through third
persons, or any parent or guardian of a minor who employs, or permits
any minor to be employed in violation of any of the provisions of
this section is guilty of a misdemeanor. Failure to produce the
written consent from the Labor Commissioner is prima facie evidence
of the illegal employment of any minor whose written consent is not
produced.
1308.6. No consent shall be given at any time unless the officer
giving it is satisfied that all of the following conditions are met:
(a) The environment in which the performance, concert, or
entertainment is to be produced is proper for the minor.
(b) The conditions of employment are not detrimental to the health
of the minor.
(c) The minor's education will not be neglected or hampered by his
or her participation in the performance, concert, or entertainment.
The Labor Commissioner may require the authority charged with the
issuance of age and schooling certificates to make the necessary
investigation into the conditions covered by this section.
1308.7. (a) No minor shall be employed in the entertainment
industry 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 may work the hours authorized
by this section during any evening preceding a nonschoolday until
12:30 a.m. of the nonschoolday.
(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 five hundred dollars ($500) nor more than
one thousand dollars ($1,000), or imprisonment in the county jail for
not more than 60 days, or both.
1308.8. (a) No infant under the age of one month may be employed on
any motion picture set or location unless a licensed physician and
surgeon who is board-certified in pediatrics provides written
certification that the infant is at least 15 days old and, in his or
her medical opinion, the infant was carried to full term, was of
normal birth weight, is physically capable of handling the stress of
filmmaking, and the infant's lungs, eyes, heart, and immune system
are sufficiently developed to withstand the potential risks.
(b) Any parent, guardian, or employer of a minor, and any officer
or agent of an employer of a minor, who directly or indirectly
violates subdivision (a), or who causes or suffers a violation of
subdivision (a), with respect to that minor, is guilty of a
misdemeanor punishable by a fine of not less than two thousand five
hundred dollars ($2,500) nor more than five thousand dollars
($5,000), by imprisonment in the county jail for not more than 60
days, or by both that fine and imprisonment.
1308.9. (a) If the Labor Commissioner provides written consent
pursuant to Section 1308.5 for the employment of a minor under a
contract described in Section 6750 of the Family Code, that consent
shall be void after the expiration of 10 business days from the date
written consent was granted, unless it is attached to a true and
correct copy of the trustee's statement evidencing the establishment
on behalf of the minor of a "Coogan Trust Account" pursuant to
Chapter 3 (commencing with Section 6750) of Part 3 of Division 11 of
the Family Code. If the written consent is attached to a true and
correct copy of that trustee's statement, the written consent shall
be valid for a six-month period.
(b) A person may not apply for the written consent of the Labor
Commissioner to employ the same minor under a contract described in
Section 6750 of the Family Code more than once in any six-month
period. If written consent is issued by the Labor Commissioner for
the employment of the same minor more than once within any six-month
period, the earliest dated written consent shall be valid and any
other written consent issued during that six-month period shall be
void.
1309. Every person who takes, receives, hires, employs, uses,
exhibits, or has in custody, for any of the purposes mentioned in
Section 1308, any minor under the age of 16, or under the age of 18,
as specified in paragraph (3) of subdivision (a) of Section 1308, 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 for not more than six months, 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 article.
1309.5. (a) Every person who, with knowledge that a person is a
minor under 18 years of age, or who, while in possession of these
facts that he or she should reasonably know that the person is a
minor under 18 years of age, knowingly sells or distributes for
resale films, photographs, slides, or magazines which depict a minor
under 18 years of age engaged in sexual conduct as defined in Section
311.4 of the Penal Code, shall determine the names and addresses of
persons from whom this material is obtained, and shall keep a record
of these names and addresses. These records shall be kept for a
period of three years after the material is obtained, and shall be
kept confidential except that they shall be available to law
enforcement officers as described in Section 830.1 and subdivision
(h) of Section 830.3 of the Penal Code upon request.
(b) Every retailer who knows or reasonably should know that films,
photographs, slides, or magazines depict a minor under the age of 18
years engaged in sexual conduct as defined in Section 311.4 of the
Penal Code, shall keep a record of the names and addresses of persons
from whom this material is acquired. These records shall be kept for
a period of three years after the material is acquired, and shall be
kept confidential except that they shall be available to law
enforcement officers as described in Section 830.1 and subdivision
(h) of Section 830.3 of the Penal Code upon request.
(c) The failure to keep and maintain the records described in
subdivisions (a) and (b) for a period of three years after the
obtaining or acquisition of this material is a misdemeanor.
Disclosure of these records by law enforcement officers, except in
the performance of their duties, is a misdemeanor.
1309.6. (a) Any person who violates any provision of Section 1309.5
shall be liable for a civil penalty not to exceed seven thousand
five hundred dollars ($7,500) for each violation, which shall be
assessed and recovered in a civil action brought in the name of the
people of the State of California by the Attorney General or by any
district attorney, county counsel, or city attorney in any court of
competent jurisdiction.
(b) If the action is brought by the Attorney General, one-half of
the penalty collected shall be paid to the treasurer of the county in
which the judgment was entered, and one-half to the State Treasurer.
If brought by a district attorney or county counsel, the entire
amount of penalty collected shall be paid to the treasurer of the
county in which the judgment was entered. If brought by a city
attorney or city prosecutor, one-half of the penalty shall be paid to
the treasurer of the county and one-half to the city.
1310. Nothing in this article or Article 2 (commencing with Section
1390) of Chapter 3 shall prohibit or prevent:
(a) The appearance of any minor in any church, public or religious
school, or community entertainment.
(b) The appearance of any minor in any school entertainment or in
any entertainment for charity or for children, for which no admission
fee is charged.
(c) The appearance of any minor in any radio or television
broadcasting exhibition, where the minor receives no compensation
directly or indirectly therefor, and where the engagement of the
minor is limited to a single appearance lasting not more than one
hour, and where no admission fee is charged for the radio
broadcasting or television exhibition.
(d) The appearance of any minor at any one event during a calendar
year, occurring on a day on which school attendance is not required
or on the day preceding such a day, lasting four hours or less, where
a parent or guardian of the minor is present, for which the minor
does not directly or indirectly receive any compensation.
1311. The Division of Labor Standards Enforcement shall enforce
this article.
1312. Nothing in this article shall 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 article, or to enforce the
provisions thereof independently and without specific direction of
the director.
1285. It is the intent of the Legislature in enacting Sections 1286
to 1289, inclusive, to establish a citation system for the
imposition of prompt and effective civil sanctions against violators
of the laws and regulations of this state relating to the employment
of minors. The civil penalties provided for in this article are in
addition to any other penalty provided by law.
1286. As used in this article:
(a) "Director" means the Director of Industrial Relations or his
or her designee.
(b) "Department" means the Department of Industrial Relations.
(c) "Minor" means any person under the age of 18 years who is
required to attend school under Chapter 2 (commencing with Section
48200) and Chapter 3 (commencing with Section 48400) of Part 27 of
the Education Code and any person under the age of six years. A
person under the age of 18 years who is not required to attend school
under Chapter 2 (commencing with Section 48200) and Chapter 3
(commencing with Section 48400) of Part 27 of the Education Code
solely because that person is a nonresident of California shall still
be considered a minor.
(d) "Labor Commissioner" means the Chief of the Division of Labor
Law Enforcement, his or her deputies or agents, who shall have the
authority to conduct informal hearings and determine the amount of
civil penalties in accordance with this article.
(e) "Door-to-door sales" has the same meaning as "home
solicitation contract or offer," as defined in subdivision (a) of
Section 1689.5 of the Civil Code, except that "door-to-door sales" is
not subject to the minimum monetary limitation set forth in that
subdivision.
1287. If upon inspection or investigation the director determines
that a person is in violation of any statutory provision or rule or
regulation relating to the employment of minors, he may issue a
citation to the person in violation. The citation may be served
personally or by registered mail in accordance with subdivision (c)
of Section 11505 of the Government Code. Each citation shall be in
writing and shall describe the nature of the violation, including
reference to the statutory provisions, rule, or regulation alleged to
have been violated.
1288. Citations issued pursuant to this article shall be classified
according to the nature of the violation, and shall indicate the
classification on the face thereof, as follows:
(a) Class "A" violations are violations of Section 1290, 1292,
1293, 1293.1, 1294, 1294.1, 1294.5, 1308, 1308.1, or 1392, and any
other violations that the director determines present an imminent
danger to minor employees or a substantial probability that death or
serious physical harm would result therefrom. The violation of
Section 1391 for the third or subsequent time shall also constitute a
class "A" violation. A physical condition or one or more practices,
means, methods, or operations in use in a place of employment may
constitute a violation. A class "A" violation is subject to a civil
penalty in an amount not less than five thousand dollars ($5,000) and
not exceeding ten thousand dollars ($10,000) for each and every
violation. Willful or repeated violations shall receive higher civil
penalties than those imposed for comparable nonwillful or first
violations, not to exceed ten thousand dollars ($10,000).
(b) Class "B" violations are violations of Section 1299 or 1308.5,
or a violation of Section 1391 for the first and second time, and
those other violations that the director determines have a direct or
immediate relationship to the health, safety, or security of minor
employees, other than class "A" violations. A class "B" violation is
subject to a civil penalty in an amount not less than five hundred
dollars ($500) and not to exceed one thousand dollars ($1,000) for
each and every violation. Willful or repeated violations shall
receive higher civil penalties than those imposed for comparable
nonwillful or first violations. A second violation of Section 1391
shall be subject to a civil penalty of one thousand dollars ($1,000).
(c) Nothing in this section shall preclude the imposition of
criminal penalties provided for in this chapter.
1289. (a) If a person desires to contest a citation or the proposed
assessment of a civil penalty therefor, he or she shall within 15
business days after service of the citation notify the office of the
Labor Commissioner that appears on the citation of his or her request
for an informal hearing. The Labor Commissioner or the commissioner'
s deputy or agent shall, within 30 days, hold a hearing at the
conclusion of which the citation or proposed assessment of a civil
penalty shall be affirmed, modified, or dismissed. The decision of
the Labor Commissioner shall consist of a notice of findings,
findings, and order that shall be served on all parties to the
hearing within 15 days after the hearing by regular first-class mail
at the last known address of the party on file with the Labor
Commissioner. Service shall be completed pursuant to Section 1013 of
the Code of Civil Procedure. Any amount found due by the Labor
Commissioner as a result of a hearing shall become due and payable 45
days after notice of the findings and written findings and order
have been mailed to the party assessed. A writ of mandate may be
taken from that finding to the appropriate superior court, as long as
the party agrees to pay any judgment and costs ultimately rendered
by the court against the party for the assessment. The writ shall be
taken within 45 days of service of the notice of findings, findings,
and order thereon.
(b) A person to whom a citation has been issued, shall, in lieu of
contesting a citation pursuant to this section, transmit to the
office of the Labor Commissioner designated on the citation the
amount specified for the violation within 15 business days after
issuance of the citation.
(c) When no petition objecting to a citation or the proposed
assessment of a civil penalty is filed, a certified copy of the
citation or proposed civil penalty may be filed by the Labor
Commissioner in the office of the clerk of the superior court in any
county in which the person assessed has property or in which the
person assessed has or had a place of business. The clerk,
immediately upon the filing, shall enter judgment for the state
against the person assessed in the amount shown on the citation or
proposed assessment of a civil penalty.
(d) When findings and the order thereon are made affirming or
modifying a citation or proposed assessment of a civil penalty after
hearing, a certified copy of the findings and the order entered
thereon may be entered by the Labor Commissioner in the office of the
clerk of the superior court in any county in which the person
assessed has property or in which the person assessed has or had a
place of business. The clerk, immediately upon the filing, shall
enter judgment for the state against the person assessed in the
amount shown on the certified order.
(e) A judgment entered pursuant to this section shall bear the
same rate of interest and shall have the same effect as other
judgments and be given the same preference allowed by law on other
judgments rendered for claims for taxes. The clerk shall make no
charge for the service provided by this section to be performed by
him or her.
1290. No minor under the age of 16 years shall be employed,
permitted, or suffered to work in or in connection with any
manufacturing establishment or other place of labor or employment at
any time except as may be provided in this article or by the
provisions of Part 27 (commencing with Section 48000) of the
Education Code.
1291. Work is done for a manufacturing establishment within the
meaning of this article whenever it is done at any place upon the
work of a manufacturing establishment, or upon any of the materials
entering into the products of a manufacturing establishment, whether
under contract or arrangement with any person in charge of or
connected with a manufacturing establishment directly or indirectly
through contractors or third persons.
1292. No minor under the age of sixteen years shall be employed or
permitted to work in any capacity in:
(a) Adjusting any belt to any machinery.
(b) Sewing or lacing machine belts in any workshop or factory.
(c) Oiling, wiping, or cleaning machinery, or assisting therein.
1293. No minor under the age of sixteen years shall be employed, or
permitted, to work in any capacity in operating or assisting in
operating any of the following machines:
(a) Circular or band saws; wood shapers; wood-jointers; planers;
sandpaper or wood-polishing machinery; wood turning or boring
machinery.
(b) Picker machines or machines used in picking wool, cotton,
hair, or other material; carding machines; leather-burnishing
machines; laundry machinery.
(c) Printing-presses of all kinds; boring or drill presses;
stamping machines used in sheet-metal and tinware, in paper and
leather manufacturing, or in washer and nut factories; metal or
paper-cutting machines; paper-lace machines.
(d) Corner-staying machines in paper-box factories; corrugating
rolls, such as are used in corrugated paper, roofing or washboard
factories.
(e) Dough brakes or cracker machinery of any description.
(f) Wire or iron straightening or drawing machinery; rolling-mill
machinery; power punches or shears; washing, grinding or mixing
machinery; calendar rolls in paper and rubber manufacturing;
steam-boilers; in proximity to any hazardous or unguarded belts,
machinery or gearing.
1293.1. (a) Except as provided in subdivision (c) of Section 1394,
no minor under the age of 12 years may be employed or permitted to
work, or accompany or be permitted to accompany an employed parent or
guardian, in an agricultural zone of danger. As used in this
section, "agricultural zone of danger" means any or all of the
following:
(1) On or about moving equipment.
(2) In or about unprotected chemicals.
(3) In or about any unprotected water hazard.
The Department of Industrial Relations may, after hearing,
determine other hazards that constitute an agricultural zone of
danger.
(b) Except for employment described in subdivision (a) of Section
1394, no minor under the age of 12 years may be employed or permitted
to work, or accompany an employed parent or guardian, in any of the
occupations declared hazardous for employment of minors below 16
years of age in Section 570.71 of Title 29 of the Code of Federal
Regulations, as that regulation may be amended from time to time.
1294. No minor under the age of 16 years shall be employed or
permitted to work in any capacity:
(a) Upon any railroad, whether steam, electric, or hydraulic.
(b) Upon any vessel or boat engaged in navigation or commerce
within the jurisdiction of this state.
(c) In, about, or in connection with any processes in which
dangerous or poisonous acids are used, in the manufacture or packing
of paints, colors, white or red lead, or in soldering.
(d) In occupations causing dust in injurious quantities, in the
manufacture or use of dangerous or poisonous dyes, in the manufacture
or preparation of compositions with dangerous or poisonous gases, or
in the manufacture or use of compositions of lye in which the
quantity thereof is injurious to health.
(e) On scaffolding, in heavy work in the building trades, in any
tunnel or excavation, or in, about or in connection with any mine,
coal breaker, coke oven or quarry.
(f) In assorting, manufacturing or packing tobacco.
(g) Operating any automobile, motorcar, or truck.
(h) In any occupation dangerous to the life or limb, or injurious
to the health or morals of the minor.
1294.1. (a) No minor under the age of 16 years shall be employed or
permitted to work in either of the following:
(1) Any occupation declared particularly hazardous for the
employment of minors below the age of 16 years in Section 570.71 of
Subpart E-1 of Part 570 of Title 29 of the Code of Federal
Regulations, as that regulation may be revised from time to time.
(2) Any occupation excluded from the application of Subpart C of
Part 570 of Title 29 of the Code of Federal Regulations, as set forth
in Section 570.33 and paragraph (b) of Section 570.34 thereof, as
those regulations may be revised from time to time.
(b) No minor shall be employed or permitted to work in any
occupation declared particularly hazardous for the employment of
minors between 16 and 18 years of age, or declared detrimental to
their health or well-being, in Subpart E of Part 570 of Title 29 of
the Code of Federal Regulations, as those regulations may be revised
from time to time.
(c) Nothing in this section shall prohibit a minor engaged in the
processing and delivery of newspapers from entering areas of a
newspaper plant, other than areas where printing presses are located,
for purposes related to the processing or delivery of newspapers.
1294.3. Minors 14 and 15 years of age may be employed in
occupations not otherwise prohibited by this chapter, including, but
not limited to, the following:
(a) Office and clerical work, including the operation of office
machines.
(b) Cashiering, selling, modeling, art work, work in advertising
departments, window trimming, and comparative shopping.
(c) Price marking and tagging by hand or by machine, assembling
orders, packing and shelving.
(d) Bagging and carrying out customers' orders.
(e) Errand and delivery work by foot, bicycle, and public
transportation.
(f) Cleanup work, including the use of vacuum cleaners and floor
waxers, and maintenance of grounds, but not including the use of
power-driven mowers or cutters.
(g) Kitchen work and other work involved in preparing and serving
food and beverages, including the operation of machines and devices
used in the performance of this work, including, but not limited to,
dishwashers, toasters, dumbwaiters, popcorn poppers, milkshake
blenders, and coffee grinders.
(h) Cleaning vegetables and fruits, and wrapping, sealing,
labeling, weighing, pricing, and stocking goods when performed in
areas physically separate from areas where meat is prepared for sale
and outside freezers or meat coolers.
1294.4. Nothing in this chapter shall be construed to prohibit a
minor engaged in the delivery of newspapers to consumers from making
deliveries by foot, bicycle, public transportation, or by an
automobile driven by a person 16 years of age or older.
1294.5. (a) Minors 16 and 17 years of age may work in gas service
stations in the following activities:
(1) Dispensing gas or oil.
(2) Courtesy service.
(3) Car cleaning, washing, and polishing.
(4) Activities specified in Section 1294.3.
(b) No minor 16 or 17 years of age may perform work in gas service
stations that involves the use of pits, racks, or lifting apparatus,
or that involves the inflation of any tire mounted on a rim equipped
with a removable retaining ring.
(c) Minors under the age of 16 years may be employed in gas
service stations to perform only those activities specified in
Section 1294.3.
1295. (a) Sections 1292, 1293, 1294, and 1294.5 shall not apply to
any of the following:
(1) Courses of training in vocational or manual training schools
or in state institutions.
(2) Apprenticeship training provided in an apprenticeship training
program established pursuant to Chapter 4 (commencing with Section
3070) of Division 3.
(3) Work experience education programs conducted pursuant to
either or both Section 29007.5 and Article 5.5 (commencing with
Section 5985) of Chapter 6 of Division 6 of the Education Code,
provided that the work experience coordinator determines that the
students have been sufficiently trained in the employment or work
otherwise prohibited by these sections, if parental approval is
obtained, and the principal or the counselor of the student has
determined that the progress of the student toward graduation will
not be impaired.
(b) Section 1294.1 shall not apply to the following persons as
provided by Section 570.72 of Title 29 of the Code of Federal
Regulations:
(1) Student-learners in a bona fide vocational agriculture program
working in the occupations specified in paragraph (1) of subdivision
(a) of Section 1294.1 under a written agreement that provides that
the student-learner's work is incidental to training, intermittent,
for short periods of time, and under close supervision of a qualified
person, and includes all of the following:
(A) Safety instructions given by the school and correlated with
the student-learners's on-the-job training.
(B) A schedule of organized and progressive work processes for the
student-learner.
(C) The name of the student-learner.
(D) The signature of the employer and a school authority, each of
whom must keep copies of the agreement.
(2) Minors 14 or 15 years of age who hold certificates of
completion of either a tractor operation or a machine operation
program and who are working in the occupations for which they have
been trained. These certificates are valid only for the occupations
specified in paragraph (1) of subdivision (a) of Section 1294.1.
Farmers employing minors who have completed this program shall keep a
copy of the certificates of completion on file with the minor's
records.
(3) Minors 14 and 15 years old who hold certificates of completion
of either a tractor operation or a machine operation program of the
United States Office of Education Vocational Agriculture Training
Program and are working in the occupations for which they have been
trained. These certificates are valid only for the occupations
specified in paragraph (1) of subdivision (a) of Section 1294.1.
Farmers employing minors who have completed this program shall keep a
copy of the certificate of completion on file with the minor's
records.
1295.5. (a) Notwithstanding Section 1391 of this code or Section
49116 of the Education Code, minors 14 years of age and older may be
employed during the hours permitted by subdivision (b) to perform
sports-attending services in professional baseball as enumerated in
subsection (b) of Section 570.35 of Title 29 of the Code of Federal
Regulations. No employer may employ a minor 14 or 15 years of age to
perform sports-attending services in professional baseball without
the prior written approval of either the school district of the
school in which the minor is enrolled or the county board of
education of the county in which that school district is located.
(b) Any minor 14 or 15 years of age who performs sports-attending
services in professional baseball pursuant to subdivision (a) may be
employed outside of school hours until 12:30 a.m. during any evening
preceding a nonschoolday and until 10 p.m. during any evening
preceding a schoolday. No employer may employ a minor 14 or 15 years
of age to perform sports-attending services in professional baseball
pursuant to subdivision (a) for more than five hours in any
schoolday, for more than 18 hours in any week while school is in
session, for more than eight hours in any nonschoolday, or for more
than 40 hours in any week that school is not in session. An employer
may employ a minor 16 or 17 years of age outside of school hours to
perform sports-attending services in professional baseball pursuant
to subdivision (a) for up to five hours in any schoolday.
(c) The school authority issuing the permit to the minor to
perform sports-attending services in professional baseball shall both
(1) provide the local office of the Division of Labor Standards
Enforcement with a copy of the permit within five business days after
the date the permit is issued and (2) monitor the academic
achievement of the minor to ensure that the educational progress of
the minor is being maintained or improves during the period of
employment.
1296. The Division of Labor Standards Enforcement may, after a
hearing, determine whether any particular trade, process of
manufacture, or occupation, in which the employment of minors is not
already forbidden by law, or whether any particular method of
carrying on the trade, process of manufacture, or occupation is
sufficiently dangerous to the lives or limbs or injurious to the
health or morals of minors to justify their exclusion therefrom. No
minor shall be employed or permitted to work in any occupation thus
determined to be dangerous or injurious to minors. Any determination
hereunder may be reviewed by the superior court.
1297. No minor under the age of 16 years shall be employed or
permitted to work as a messenger for any telegraph, telephone, or
messenger company, or for the United States government or any of its
departments while operating a telegraph, telephone, or messenger
service, in the distribution, transmission, or delivery of goods or
messages in cities of more than 15,000 inhabitants; nor shall any
minor under the age of 18 years be employed, permitted, or suffered
to engage in such work before 6 o'clock in the morning or after 9 o'
clock in the evening. Nothing in this section shall apply to any
minor employed to deliver newspapers to consumers.
1298. (a) Notwithstanding Section 1308.1, no minor under 12 years
of age shall be employed or permitted to work at any time in or in
connection with the occupation of selling or distributing newspapers,
magazines, periodicals, or circulars.
(b) This section shall not apply to a minor who is at least 10
years of age and is engaged as a newspaper carrier on the effective
date of the act adding this subdivision.
1299. Every person, or agent or officer thereof, employing minors,
either directly or indirectly through third persons, shall keep on
file all permits and certificates, either to work or to employ,
issued under this article or Part 27 (commencing with Section 48000)
of the Education Code. 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.
1300. All certificates and permits to work or to employ shall be
subject to cancellation at any time by the Labor Commissioner or by
the issuing authority, whenever the commissioner or the issuing
authority finds that the conditions for the legal issuance of such
certificate or permit no longer exist or have never existed.
1301. (a) The provisions of this article concerning the employment
of minors, and the civil penalties for violations of those
provisions, shall be fully applicable to every person who owns or
controls the real property upon which a minor is employed, whether or
not that person is the minor's employer, if the minor's employment
is for the benefit of the person, and the person has knowingly
permitted the violation or continuation of violations.
(b) The posting of a notice pursuant to Section 49140 of the
Education Code shall not operate to exempt any person from this
article.
1302. The attendance supervisor, who is a full-time attendance
supervisor performing no other duties, of any county, city and
county, or school district in which any place of employment is
situated, or the probation officer of the county, may at any time,
enter the place of employment for the purpose of examining permits to
work or to employ of all minors employed in the place of employment,
or for the purpose of investigating violations of this article or of
Chapter 2 (commencing with Section 48200), 3 (commencing with
Section 48400), or 7 (commencing with Section 49100) of Part 27 of
the Education Code. If an attendance supervisor or probation officer
is denied entrance to the place of employment, or if any violations
of laws relating to the employment of minors are found to exist, the
attendance supervisor or probation officer shall report the denial of
entrance or the violation to the Labor Commissioner. The report
shall be made within 48 hours and shall be in writing, setting forth
the fact that he or she has good cause to believe that these laws are
being violated in the place of employment, and describing the nature
of the violation.
1303. Any person, or agent or officer thereof, employing either
directly or indirectly through third persons, or any parent or
guardian of a minor affected by this article who violates any
provision hereof, or who employs, or permits any minor to be employed
in violation hereof, 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 six months, or both. Any person who willfully violates
this article 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
article.
1304. Failure to produce any permit or certificate either to work
or to employ is prima facie evidence of the illegal employment of any
minor whose permit or certificate is not so produced. Proof that any
person was the manager or superintendent of any place of employment
subject to the provisions of this article at the time any minor is
alleged to have been employed therein in violation thereof, is prima
facie evidence that the person employed, or permitted the minor so to
work. The sworn statement of the Labor Commissioner or his deputy or
agents as to the age of any child affected by this article is prima
facie evidence of the age of such child.
1305. (a) All fines and penalties collected under this article,
other than as the result of a judicial proceeding to enforce
collection, shall be paid to the department in the form of
remittances payable to the Department of Industrial Relations. The
department shall transmit the payments to the State Treasury and the
payments shall be credited to the General Fund.
(b) Notwithstanding Section 1463 of the Penal Code, all fines and
penalties collected in judicial proceedings to enforce their
collection, except for the civil penalties that are assessed and
collected pursuant to Sections 1287, 1288, and 1289, shall be
allocated pursuant to court order. The court shall direct that 50
percent of the fines and penalties assessed shall be transmitted to
the county treasury, if prosecuted by the district attorney or the
county counsel, or to the city treasury, if prosecuted by the city
attorney, 25 percent of the fines and penalties assessed shall be
transmitted to the Department of Industrial Relations to be
available, upon appropriation by the Legislature, for the purpose of
recovering costs incurred by the department pursuant to this chapter,
and 25 percent of the fines and penalties assessed be transmitted to
the Treasurer for deposit in the State Treasury to the credit of the
General Fund.
1307. All minors coming within the provisions of Division 9
(commencing with Section 10501) of the Education Code shall be placed
or delivered into the custody of the school district authorities of
the county or city in which they are found illegally at work.
1308. (a) Any person is guilty of a misdemeanor and is punishable
by a fine of not less than one thousand dollars ($1,000) and not more
than five thousand dollars ($5,000), imprisonment for not exceeding
six months, or both, who, as parent, relative, guardian, employer, or
otherwise having the care, custody, or control of any minor under
the age of 16 years, exhibits, uses, or employs, or in any manner or
under any pretense, sells, apprentices, gives away, lets out, or
disposes of the minor to any person, under any name, title, or
pretense for, or who causes, procures, or encourages the minor to
engage in any of the following:
(1) Any business, exhibition, or vocation injurious to the health
or dangerous to the life or limb of the minor.
(2) The vocation, occupation, service, or purpose of singing,
playing on musical instruments, rope or wire walking, dancing,
begging, or peddling, or as a gymnast, acrobat, contortionist, or
rider, in any place whatsoever.
(3) Any obscene, indecent, or immoral purposes, exhibition, or
practice whatsoever. Notwithstanding any other provision of law, this
paragraph shall apply to a person with respect to any minor under
the age of 18 years.
(4) Any mendicant or wandering business.
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 article.
(b) Nothing in this section applies to or affects any of the
following:
(1) The employment or use of any minor as a singer or musician in
any church, school, or academy, or the teaching or learning of the
science or practice of music.
(2) The employment of any minor as a musician at any concert or
other musical entertainment, or as a performer in any form of
entertainment, on the written consent of the Labor Commissioner
pursuant to Section 1308.5.
(3) The participation by any minor of any age, whether or not the
minor receives payment for his or her services or receives money
prizes, in any horseback riding exhibition, contest, or event other
than a rough stock rodeo event, circus, or race. As used in this
paragraph, "rough stock rodeo event" means any rodeo event operated
for profit or operated by other than a nonprofit organization in
which unbroken, little-trained, or imperfectly trained animals are
ridden or handled by the participant, and shall include, but not be
limited to, saddle bronc riding, bareback riding, and bull riding. As
used in this paragraph, "race" means any speed contest between two
or more animals that are on a course at the same time and that is
operated for profit or operated other than by a nonprofit
organization.
(4) The leading of livestock by a minor in nonprofit fairs, stock
parades, livestock shows and exhibitions.
1308.1. (a) No minor under the age of 6 years shall be permitted to
engage in the door-to-door sales or street sales of candy, cookies,
flowers, or any other merchandise or commodities.
(b) No minor under 16 years of age, permitted by law to engage in
door-to-door sales of newspaper or magazine subscriptions, or of
candy, cookies, flowers, or other merchandise or commodities, shall
be employed in those activities more than 50 miles from his or her
place of residence.
1308.2. (a) Except as provided in subdivision (f), any person 18
years of age or older who transports, or provides direction or
supervision during transportation of, a minor under 16 years of age
to any location more than 10 miles from the minor's residence, or
directs or supervises a minor, for the purpose of facilitating the
minor's participation in door-to-door sales of any merchandise or
commodity, shall register with the Labor Commissioner pursuant to
this section. Registration may be renewed on an annual basis.
(b) The Labor Commissioner shall not register or renew
registration of any person pursuant to this section unless all of the
following conditions are satisfied:
(1) The person has executed a written application on a form
prescribed by the Labor Commissioner, including all of the following:
(A) The name, address, social security number, and California
driver's license number of the applicant and the name, address, and
employer identification number of the organization from which the
merchandise to be sold is purchased. The information provided
pursuant to this subparagraph shall be set forth in a declaration of
the individual applicant under penalty of perjury.
(B) A statement by the applicant containing all facts required by
the Labor Commissioner concerning the applicant's character,
competency, responsibility, and the manner and method by which the
applicant proposes to transport the minor or minors, the number of
minors to be transported, methods and levels of adult supervision to
be provided, the nature of the merchandise to be sold, the content of
any promotional statement to be delivered by any minor, and a
description of how the merchandise or commodity to be sold would be
represented to the public.
(2) The Labor Commissioner, following an investigation thereof, is
satisfied as to the character, competency, and responsibility of the
applicant.
(3) Each application for initial registration shall be accompanied
by a fee determined by the Labor Commissioner in an amount
sufficient in the aggregate to defray the division's costs of
administering the registration program, but which shall not exceed
one hundred dollars ($100) for initial registration or fifty dollars
($50) for registration renewal.
(c) Any registrant under this section shall have proof of
registration with the Labor Commissioner in his or her immediate
possession at all times when engaged in any activity described in
subdivision (a).
(d) Whenever an application for a registration or renewal is made,
and application processing pursuant to this section has not been
completed, the Labor Commissioner may, at his or her discretion,
issue a temporary or provisional registration valid for a period not
exceeding 90 days, and subject, where appropriate, to summary
revocation by the Labor Commissioner. Otherwise, the conditions for
issuance or renewal of registration shall meet the requirements of
subdivision (b).
(e) Any person who violates subdivision (a) or (c) is guilty of a
misdemeanor, punishable by a fine of one thousand dollars ($1,000)
per affected minor upon the first conviction for a violation, two
thousand five hundred dollars ($2,500) per affected minor for the
second conviction for a violation, and ten thousand dollars ($10,000)
per affected minor for a third or subsequent conviction for a
violation.
(f) The following persons are not required to register under this
section:
(1) A parent or the guardian of the minor.
(2) A person solely providing transportation for hire, who is not
otherwise subject to the registration requirements of subdivision
(a).
(3) A person acting on behalf of a trustee or charitable
corporation, as defined in Sections 12582 and 12582.1, respectively,
of the Government Code, or of any entity described in Section 12583
of the Government Code.
1308.3. (a) Except as provided in subdivision (g), any individual,
association, corporation, or other entity that employs or uses,
either directly or indirectly through third persons, minors under 16
years of age in door-to-door sales at any location more than 10 miles
from the minor's residence shall register with the Labor
Commissioner pursuant to this section. Registration may be renewed on
an annual basis.
(b) The Labor Commissioner shall not register or renew
registration of any applicant pursuant to this section unless all of
the following conditions are satisfied:
(1) The organization has executed a written application therefor
on a form prescribed by the Labor Commissioner, including all of the
following:
(A) The company's name, address, and employer identification
number, and the names, addresses, and social security numbers of all
adults employed to supervise, accompany, or transport minors who
would be engaged in door-to-door sales. The information provided
pursuant to this subparagraph shall be set forth in a declaration
under penalty of perjury by the applicant if an individual, or an
officer of an applicant that is an association, corporation, or other
entity.
(B) A statement of all the facts required by the Labor
Commissioner concerning the nature of the merchandise to be sold and
a plan detailing the level and nature of adult supervision to be
provided minors engaged in door-to-door sales. The information
provided pursuant to this subparagraph shall be by declaration under
penalty of perjury by the individual, or an officer of the
association, corporation, or other entity.
(C) A copy of any written contract or other written agreement to
be offered by the applicant to minors employed or used by the
applicant in door-to-door sales.
(2) The Labor Commissioner, following an investigation thereof, is
satisfied that the employer has not previously violated this article
and does not propose to expose minors in its employ to hazardous or
unsafe working conditions.
(3) Each application for initial registration shall be accompanied
by a fee determined by the Labor Commissioner in an amount
sufficient in the aggregate to defray the division's costs of
administering the registration program, but which shall not exceed
three hundred fifty dollars ($350) for initial registration or two
hundred dollars ($200) for registration renewal.
(c) Any registrant under this section shall, upon request, make
available for inspection by the Labor Commissioner all of its payroll
records for any period.
(d) Any registrant under this section, or person acting on behalf
of a registrant, shall have proof of registration with the Labor
Commissioner in his or her immediate possession at all times when
engaged in any activity described in subdivision (a).
(e) Whenever an application for a registration or renewal is made,
and application processing pursuant to this section has not been
completed, the Labor Commissioner may, at his or her discretion,
issue a temporary or provisional registration valid for a period not
exceeding 90 days, and subject, where appropriate, to summary
revocation by the Labor Commissioner. Otherwise, the conditions for
issuance or renewal of registration shall meet the requirements of
subdivision (a).
(f) Any person or entity, or any agent or officer thereof, who
violates subdivision (a) or (d), and any parent or guardian who
knowingly permits a minor in his or her custody to be employed in
door-to-door sales specified in subdivision (a) by an unregistered
person or entity, or permits any minor to be employed in violation
hereof, is guilty of a misdemeanor, punishable by a fine of one
thousand dollars ($1,000) per affected minor for the first conviction
for a violation, two thousand five hundred dollars ($2,500) per
affected minor for the second conviction for a violation, and ten
thousand dollars ($10,000) per affected minor for a third or
subsequent conviction for a violation.
(g) This section does not apply to any trustee or charitable
corporation, as defined in Sections 12582 and 12582.1, respectively,
of the Government Code, or to any entity described in Section 12583
of the Government Code.
1308.4. The Labor Commissioner may revoke, suspend, or refuse to
renew any registration under Section 1308.2 or 1308.3 when any of the
following have occurred:
(a) The registrant or any agent of the registrant has violated or
failed to comply with Section 1308.2 or 1308.3.
(b) The registrant has made any misrepresentation or false
statement in his or her application for registration under Section
1308.2 or 1308.3.
(c) The registrant has operated in a manner substantially
different from the conditions of operation stated in the application
for registration.
(d) The registrant, or any agent of the registrant, has been found
by a court of law or the Labor Commissioner to have violated, or
willfully aided or abetted any person in the violation of, any law of
this state regulating the employment of minors, the payment of wages
to minors, or the conditions, terms, or places of employment
affecting the health and safety of minors.
(e) The registrant has been found, by a court of law or the
Secretary of Labor, to have violated any provision of the child labor
provisions set forth in Section 12 of the federal Fair Labor
Standards Act of 1938, as amended (29 U.S.C. Sec. 212).
1308.5. (a) This section, with the exception of paragraph (4) of
this subdivision, shall apply to all minors under the age of 16
years. The written consent of the Labor Commissioner is required for
any minor, not otherwise exempted by this chapter, for any of the
following:
(1) The employment of any minor, in the presentation of any drama,
legitimate play, or in any radio broadcasting or television studio.
(2) The employment of any minor 12 years of age or over in any
other performance, concert, or entertainment.
(3) The appearance of any minor over the age of eight years in any
performance, concert, or entertainment during the public school
vacation.
(4) Allowing any minor between the ages of 8 and 18 years, who is
by any law of this state permitted to be employed as an actor,
actress, or performer in a theater, motion picture studio, radio
broadcasting studio, or television studio, before 10 o'clock p.m., in
the presentation of a performance, play, or drama continuing from an
earlier hour until after 10 o'clock, to continue his part in such
presentation between the hours of 10 and 12 p.m.
(5) The appearance of any minor in any entertainment which is
noncommercial in nature.
(6) The employment of any minor artist in the making of phonograph
recordings.
(7) The employment of any minor as an advertising or photographic
model.
(8) The employment or appearance of any minor pursuant to a
contract approved by the superior court under Chapter 3 (commencing
with Section 6750) of Part 3 of Division 11 of the Family Code.
(b) Any person, or the agent, manager, superintendent or officer
thereof, employing either directly or indirectly through third
persons, or any parent or guardian of a minor who employs, or permits
any minor to be employed in violation of any of the provisions of
this section is guilty of a misdemeanor. Failure to produce the
written consent from the Labor Commissioner is prima facie evidence
of the illegal employment of any minor whose written consent is not
produced.
1308.6. No consent shall be given at any time unless the officer
giving it is satisfied that all of the following conditions are met:
(a) The environment in which the performance, concert, or
entertainment is to be produced is proper for the minor.
(b) The conditions of employment are not detrimental to the health
of the minor.
(c) The minor's education will not be neglected or hampered by his
or her participation in the performance, concert, or entertainment.
The Labor Commissioner may require the authority charged with the
issuance of age and schooling certificates to make the necessary
investigation into the conditions covered by this section.
1308.7. (a) No minor shall be employed in the entertainment
industry 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 may work the hours authorized
by this section during any evening preceding a nonschoolday until
12:30 a.m. of the nonschoolday.
(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 five hundred dollars ($500) nor more than
one thousand dollars ($1,000), or imprisonment in the county jail for
not more than 60 days, or both.
1308.8. (a) No infant under the age of one month may be employed on
any motion picture set or location unless a licensed physician and
surgeon who is board-certified in pediatrics provides written
certification that the infant is at least 15 days old and, in his or
her medical opinion, the infant was carried to full term, was of
normal birth weight, is physically capable of handling the stress of
filmmaking, and the infant's lungs, eyes, heart, and immune system
are sufficiently developed to withstand the potential risks.
(b) Any parent, guardian, or employer of a minor, and any officer
or agent of an employer of a minor, who directly or indirectly
violates subdivision (a), or who causes or suffers a violation of
subdivision (a), with respect to that minor, is guilty of a
misdemeanor punishable by a fine of not less than two thousand five
hundred dollars ($2,500) nor more than five thousand dollars
($5,000), by imprisonment in the county jail for not more than 60
days, or by both that fine and imprisonment.
1308.9. (a) If the Labor Commissioner provides written consent
pursuant to Section 1308.5 for the employment of a minor under a
contract described in Section 6750 of the Family Code, that consent
shall be void after the expiration of 10 business days from the date
written consent was granted, unless it is attached to a true and
correct copy of the trustee's statement evidencing the establishment
on behalf of the minor of a "Coogan Trust Account" pursuant to
Chapter 3 (commencing with Section 6750) of Part 3 of Division 11 of
the Family Code. If the written consent is attached to a true and
correct copy of that trustee's statement, the written consent shall
be valid for a six-month period.
(b) A person may not apply for the written consent of the Labor
Commissioner to employ the same minor under a contract described in
Section 6750 of the Family Code more than once in any six-month
period. If written consent is issued by the Labor Commissioner for
the employment of the same minor more than once within any six-month
period, the earliest dated written consent shall be valid and any
other written consent issued during that six-month period shall be
void.
1309. Every person who takes, receives, hires, employs, uses,
exhibits, or has in custody, for any of the purposes mentioned in
Section 1308, any minor under the age of 16, or under the age of 18,
as specified in paragraph (3) of subdivision (a) of Section 1308, 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 for not more than six months, 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 article.
1309.5. (a) Every person who, with knowledge that a person is a
minor under 18 years of age, or who, while in possession of these
facts that he or she should reasonably know that the person is a
minor under 18 years of age, knowingly sells or distributes for
resale films, photographs, slides, or magazines which depict a minor
under 18 years of age engaged in sexual conduct as defined in Section
311.4 of the Penal Code, shall determine the names and addresses of
persons from whom this material is obtained, and shall keep a record
of these names and addresses. These records shall be kept for a
period of three years after the material is obtained, and shall be
kept confidential except that they shall be available to law
enforcement officers as described in Section 830.1 and subdivision
(h) of Section 830.3 of the Penal Code upon request.
(b) Every retailer who knows or reasonably should know that films,
photographs, slides, or magazines depict a minor under the age of 18
years engaged in sexual conduct as defined in Section 311.4 of the
Penal Code, shall keep a record of the names and addresses of persons
from whom this material is acquired. These records shall be kept for
a period of three years after the material is acquired, and shall be
kept confidential except that they shall be available to law
enforcement officers as described in Section 830.1 and subdivision
(h) of Section 830.3 of the Penal Code upon request.
(c) The failure to keep and maintain the records described in
subdivisions (a) and (b) for a period of three years after the
obtaining or acquisition of this material is a misdemeanor.
Disclosure of these records by law enforcement officers, except in
the performance of their duties, is a misdemeanor.
1309.6. (a) Any person who violates any provision of Section 1309.5
shall be liable for a civil penalty not to exceed seven thousand
five hundred dollars ($7,500) for each violation, which shall be
assessed and recovered in a civil action brought in the name of the
people of the State of California by the Attorney General or by any
district attorney, county counsel, or city attorney in any court of
competent jurisdiction.
(b) If the action is brought by the Attorney General, one-half of
the penalty collected shall be paid to the treasurer of the county in
which the judgment was entered, and one-half to the State Treasurer.
If brought by a district attorney or county counsel, the entire
amount of penalty collected shall be paid to the treasurer of the
county in which the judgment was entered. If brought by a city
attorney or city prosecutor, one-half of the penalty shall be paid to
the treasurer of the county and one-half to the city.
1310. Nothing in this article or Article 2 (commencing with Section
1390) of Chapter 3 shall prohibit or prevent:
(a) The appearance of any minor in any church, public or religious
school, or community entertainment.
(b) The appearance of any minor in any school entertainment or in
any entertainment for charity or for children, for which no admission
fee is charged.
(c) The appearance of any minor in any radio or television
broadcasting exhibition, where the minor receives no compensation
directly or indirectly therefor, and where the engagement of the
minor is limited to a single appearance lasting not more than one
hour, and where no admission fee is charged for the radio
broadcasting or television exhibition.
(d) The appearance of any minor at any one event during a calendar
year, occurring on a day on which school attendance is not required
or on the day preceding such a day, lasting four hours or less, where
a parent or guardian of the minor is present, for which the minor
does not directly or indirectly receive any compensation.
1311. The Division of Labor Standards Enforcement shall enforce
this article.
1312. Nothing in this article shall 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 article, or to enforce the
provisions thereof independently and without specific direction of
the director.
