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WORKING HOURS OF MINORS [Labor Code 1391]
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General Information
- no more than 8 hours in one day of 24 hours
- no more than 48 hours in one (1) week
- no earlier than 5 a.m.
- no later than 10 p.m. on evening preceding school day
- no later than 12:30 a.m. on evening preceding non-school day
- one day's rest in seven (Labor Code 551)
Babies Under One Month
State of California
Department of Industrial Relations
Division of Labor Standards Enforcement
45 Fremont Street, Suite 3260
San Francisco, CA 94105
December 4, 1998
RE: Recent Legislation Affecting the Employment of Minors in the Entertainment Industry – AB774
Dear Interested Party:
The recent enactment of Assembly Bill 744 (Washington) adds 1308.8 to the Labor Code. Effective January 1, 1999, the new law prohibits the employment of a minor under the age of one month on a motion picture unless a physician/surgeon, board certified in pediatrics, has certified that the infant meets all of the following conditions:
- Was carried to full term
- Was of normal birth weight
- Is at least fifteen days old
- Is physically able to withstand the potential stress of filmmaking
Violation of this law by a parent, guardian, employer or agent of an employer is a misdemeanor, punishable by a fine ranging from $2,500.00 to $5,000.00.
Please refer to the attached copy of the bill for details. If you have questions regarding the new law, you may write to:
Department of Industrial Relations
Division of Labor Standards Enforcement Headquarters
P.O. Box 420603
San Francisco, CA 94142-0603
Sincerely,
Jose Millan
State Labor Commissioner
Infants 15 Days to 6 Months
- general information [8 CCR 11760 (a)(1)]
- maximum 2 hours at place of employment
- no more than 20 minutes of work time
- no exposure to light of greater than 100 footcandle intensity for more than 30 seconds at a time
- presence of nurse and studio teacher [8 CCR 11760 (a)(2)]
- for babies 15 days to 6 weeks, one nurse and 1 studio teacher for 3 or fewer babies
- for babies 6 weeks to 6 months, one nurse and 1 studio teacher for up to 10 babies
- Infants under six months of age shall not be given medical examinations except between the hours of 9:30 am and 11:30 a.m. or between 2:30 p.m. and 4:30 p.m. Work time for said infants shall be limited to one period of two consecutive hours in any one day, and such period must be either between 9:30 a.m. and 11:30 a.m. or between 2:30 p.m. and 4:30 p.m. [8 CCR 11764]
Babies 6 Months to 2 Years
| [8 CCR 11760 b] |
MAX WORK HRS |
REST / REC |
MEAL HRS |
TOTAL |
|
each day
|
2 |
2 |
1/2 |
4 1/2 |
- if studio teacher determines that a child is uncomfortable and hungry, studio teacher may require that an earlier meal period be given [Div. Mgt. Memo 87-1, IV E]
2 thru 5 Year Olds
| [8 CCR 11760 c] |
MAX WORK HRS |
SCHOOL and / or
REST / REC |
MEAL HRS |
TOTAL |
|
each day
|
3 |
3 |
1/2 |
6 1/2 |
- if studio teacher determines that a child is uncomfortable and hungry, studio teacher may require that an earlier meal period be given [Div. Mgt. Memo 87-1, IV E]
6 thru 8 Year Olds
| [8 CCR 11760 d] |
REQUIRED
SCHOOL HRS |
MAXIMUM
WORK HRS |
REST / REC |
MEAL HRS |
TOTAL |
|
school days
|
3 |
4 |
1 |
1/2 |
8 1/2 |
|
non - school days
|
0 |
6 |
2 |
1/2 |
8 1/2 |
- when a 6 thru 8 year-old attends his/her own school prior to reporting to work, he/she may be at place of employment for 2 1/2 hours, which includes a 30-minute meal period [Div. Mgt. Memo 87-1, IV C]
9 thru 15 Year Olds
| [8 CCR 11760 e] |
REQUIRED
SCHOOL HRS |
MAXIMUM
WORK HRS |
REST / REC |
MEAL HRS |
TOTAL |
| school days |
3 |
5 |
1 |
1/2 |
9 1/2 |
| non - school days |
0 |
7 |
2 |
1/2 |
9 1/2 |
- when a 9 thru 15 year-old attends his/her own school prior to reporting to work, he/she can be at place of employment for 3 1/2 hours, which includes a 30-minute meal period [Div. Mgt. Memo 87-1, IV C]
16 and 17 Year Olds
| [8 CCR 11760 f] |
REQUIRED
SCHOOL HRS |
MAXIMUM
WORK HRS |
REST / REC |
MEAL HRS |
TOTAL |
| school days |
if not graduate: 3 |
6 |
1 |
1/2 |
10 1/2 |
| non - school days |
0 |
8 |
2 |
1/2 |
10 1/2 |
- when a 16 or 17 year-old attends his/her own school prior to reporting to work, he/she may be at place of employment for 4 1/2 hours, which includes a 30-minute meal period [Div. Mgt. Memo 87-1, IV C]
- for 16 or 17 year-olds studio teachers are required for education only [8CCR 11755.1]
- parents/guardians need not accompany 16 or 17 year-olds on set or location [8 CCR 11757]
- minors do not need to attain a minimum age to graduate from high school
- to qualify for a Certificate of Proficiency, a minor must be at least 16 years of age, or have been enrolled for one academic year in 10th grade, or have completed one academic year of enrollment in 10th grade at the end of the semester in which the test was taken [Education Code, Sec. 48412]
- if minor has satisfied the educational requirements of the State of California (diploma, Proficiency), neither an entertainment work permit nor a studio teacher is required [Education Code, Sec. 49101; Labor Code, Sec. 1286], and the minor may work the same hours as an adult [Labor Code, Sec. 1391.2]. CCR Title 8 does not apply.
- minors 16 or 17 need an entertainment work permit but under the following circumstances a studio teacher is not required:
- if the minor has completed the required amount of educational instruction for the day [Div. Mgt. Memo 87-1, VI A, a, b]
- if the emancipation documents of the minor specifically exempt that minor from the provisions of the Labor Code and the Education Code
Extending Working Hours in Certain Circumstances [Interpretative Bulletin 87-1 and 8 CCR 11760 g]
A request may be made to the Labor Commissioner through his/her Regional Manager in the applicable area for permission to work earlier or later than the hours prescribed by law:
- if emergency situations arise
- early morning or night exteriors shot as exteriors
- live television or theatrical productions presented after hours beyond which a minor may work as prescribed by law
- if a minor between the ages of 8 to 18 years is employed in a theater, motion picture studio, radio broadcasting studio, or television studio, before 10:00 p.m., in presentation of a performance, play, or drama continuing from an earlier hour until after 10:00 p.m., to continue his part in such presentation between the hours of 10:00 p.m. and 12:00 midnight [Labor Code 1308.5 (a)(4)]
Such requests:
- must be submitted in writing to the Division
- in duplicate
- 48 hours prior to the time needed
- will be considered individually by a Deputy who must be convinced that:
- all reasonable alternatives to completing the work before 10:00 p.m. have been explored
- studio teacher agrees extension of hours is necessary and the only reasonable alternative (Some requests may be submitted before studio teacher has been hired. In such cases request may be granted but with understanding that subsequently-hired studio teacher may seek reconsideration or modification of permission granted.)
- health and welfare of minor will not be impaired and will be protected
- decision of Regional Manager will be final
Studio teachers do not have the authority to extend working hours.
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