Existing law prohibits a person, firm, or corporation from employing, suffering, or permitting any minor under 18 years of age to work in or in connection with any establishment or occupation without a permit to employ, issued by the proper educational officers, except as specified. Existing law authorizes, among others, the superintendent of a school district, a county superintendent of schools, and the chief executive officer of a charter school to issue a work permit to a minor, subject to specified requirements and conditions. Existing law provides requirements and conditions for work permits on the basis of the minors age, and relating to the type of work and the number of hours and periods of the year that a minor is authorized to work.

This bill would prohibit the denial of a work permit on the basis of a pupils grades, grade point average, or school attendance if the pupil is applying for the work permit in order to participate in a government-administered employment and training program that will occur during the regular summer recess or vacation of the school that the pupil attends.

Existing law prohibits a person, firm, or corporation from employing, suffering, or permitting any minor under 18 years of age to work in or in connection with any establishment or occupation without a permit to employ, issued by the proper educational officers, except as specified. Existing law authorizes, among others, the superintendent of a school district, a county superintendent of schools, and the chief executive officer of a charter school to issue a work permit to a minor, subject to specified requirements and conditions. Existing law provides requirements and conditions for work permits on the basis of the minors age, and relating to the type of work and the number of hours and periods of the year that a minor is authorized to work.

This bill would prohibit the denial of a work permit on the basis of a pupils grades, grade point average, or school attendance if the pupil is applying for the work permit in order to participate in a government-administered employment and training program that will occur during the regular summer recess or vacation of the school that the pupil attends.

Existing law prohibits a person, firm, or corporation from employing, suffering, or permitting any minor under 18 years of age to work in or in connection with any establishment or occupation without a permit to employ, issued by the proper educational officers, except as specified. Existing law authorizes, among others, the superintendent of a school district, a county superintendent of schools, and the chief executive officer of a charter school to issue a work permit to a minor, subject to specified requirements and conditions. Existing law provides requirements and conditions for work permits on the basis of the minors age, and relating to the type of work and the number of hours and periods of the year that a minor is authorized to work.

This bill would prohibit the denial of a work permit on the basis of a pupils grades, grade point average, or school attendance if the pupil is applying for the work permit in order to participate in a government-administered employment and training program. program that will occur during the regular summer recess or vacation of the school that the pupil attends.

Existing law prohibits a person, firm, or corporation from employing, suffering, or permitting any minor under 18 years of age to work in or in connection with any establishment or occupation without a permit to employ, issued by the proper educational officers, except as specified. Existing law provides that the failure to produce a permit to work is prima facie evidence of the illegal employment of minor whose permit is not produced. Existing law authorizes, among others, the superintendent of a school district, a county superintendent of schools, and the chief executive officer of a charter school to issue a work permit to a minor, subject to specified requirements and conditions. Existing law provides requirements and conditions for work permits on the basis of the minors age, and relating to the type of work and the number of hours and periods of the year that a minor is authorized to work. Existing law provides that these provisions do not apply to a minor who has been graduated from a high school, has an equal amount of education in a private school or by private tuition, or who has been awarded a certificate of proficiency, as specified.

Existing law prohibits a person, firm, or corporation from employing, suffering, or permitting any minor under 18 years of age to work in or in connection with any establishment or occupation without a permit to employ, issued by the proper educational officers, except as specified. Existing law provides that the failure to produce a permit to work is prima facie evidence of the illegal employment of minor whose permit is not produced. Existing law provides requirements and conditions for work permits on the basis of the minors age, and relating to the type of work and the number of hours and periods of the year that a minor is authorized to work. Existing law provides that these provisions do not apply to a minor who has been graduated from a high school, has an equal amount of education in a private school or by private tuition, or who has been awarded a certificate of proficiency, as specified.

This bill would add that these provisions do not apply to a minor who has received the equivalent of a diploma of graduation. The bill would provide that a work permit is not required for a minor during the regular summer vacation of the school that the minor attends, if the minor is not required by the minors school to attend summer school during that period. The bill would make other conforming changes.

SENATE THIRD READING

STR Bill Id:SB 1428

Author:(McGuire)

As Amended Ver:April 25, 2018

Majority vote

SENATE VOTE: 36-0

SUMMARY: Prohibits a school from denying a work permit for a minor on the basis of the pupil's grades, grade point average, or school attendance, if the permit would allow the pupil to participate in a government-administered employment and training program that will occur during the regular summer vacation of the school that the pupil attends.

EXISTING LAW:

1. Provides that specified school officials may issue a minor a work permit if requested by the minor's parent. Any principal issuing a work permit must provide a self-certification that he or she understands the requirements in existing law for issuing a work permit and submit a copy of each work permit he or she issues to the superintendent of the school district.
2. Specifies that a permit to work may be issued to any minor over the age of 12 years and under the age of 18 years to be employed on a school holiday or during the regular vacation of the school.
3. Authorizes the school official who has issued the work permit to revoke it if evidence is shown that the schoolwork or the health of the minor is being impaired by the employment.
4. Prohibits any person, firm or corporation from employing any minor under the age of 18 years to work in or in connection with any establishment or occupation without a permit to employ, issued by the proper educational officers in accordance with law.

FISCAL EFFECT: None. This bill has been keyed non-fiscal by the Legislative Counsel.

COMMENTS: As the laws relating to the issuance of work permits are permissive, it is solely within the discretion of the authorized school official to determine whether a minor, who is subject to compulsory education laws, may obtain a work permit. Schools have the discretion to impose additional requirements for the issuance of a work permit, such as a requirement that the pupil maintain a certain grade point average. In addition, the school issuing the work permit may reduce maximum work hours and impose additional occupational restrictions not specified in statute or regulation, but may not extend hours beyond the maximum hours specified, or waive any occupational restrictions in statute or regulation.

This bill prohibits denial of a work permit based on school performance only during the school's regular summer vacation period and only when the minor is participating in a government-administered employment and training program. Writing in support, the California Tribal TANF (Temporary Assistance for Needy Families) Partnership notes that this bill will enhance workforce experiences for tribal youth and allow them to participate in this program. This partnership is intended to help students who are struggling with education to gain occupational skills during the summer to prepare them for the workforce.

According to the author:

Most young people hold at least one job between the ages of 18 and 25. Some work part-time or summers only, while others seek full-time employment to help their families meet their basic needs. There are many advantages to working during high school, particularly for low-income youth, including higher employment rates and wages in later teen years and lower probabilities of dropping out of high school. Knowing how to find and keep a job is a critical skill for students to prepare for adulthood. While school districts may set their own policies on work permits, some policies require students to have a certain grade point average or attendance rate. As a result, students can be unfairly denied participation in summer work, including programs specifically intended for low-income and disadvantaged youth.

Analysis Prepared by: Debbie Look / ED. / (916) 319-2087 FN: 0003570

Date of Hearing: June 20, 2018

ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT

Tony Thurmond, Chair

SBPCA Bill Id:SB 1428

Author:(McGuire) – As Amended Ver:April 25, 2018

SENATE VOTE: 36-0

SUBJECT: Minors: employment: work permits

SUMMARY: Prohibits the denial of a work permit on the basis of a pupil’s grades, grade point average, or school attendance if the pupil is applying for the work permit in order to participate in a government-administered employment and training program occurring during the regular summer recess or vacation of the school.

EXISTING LAW:

1. Prohibits a person, firm, or corporation from employing, suffering, or permitting any minor under 18 years of age to work in or in connection with, any establishment or occupation without a permit to employ, issued by the proper educational officers, except as specified.
2. Authorizes, among others, the superintendent of a school district, a county superintendent of schools, and the chief executive officer of a charter school to issue a work permit to a minor, subject to specified requirements and conditions.
3. Provides requirements and conditions for work permits on the basis of the minor’s age, the type of work, and the number of hours and periods of the year that a minor is authorized to work.

FISCAL EFFECT: None

COMMENTS: According to the author, SB 1428 “will help students who want to improve themselves and lift up their families through employment opportunities. [The bill] would prohibit students from being denied a work permit for participation in a government employment program due to low grades or poor attendance.”

In support of the bill, the Western Center on Law and Poverty states, “California should not close doors for youth who struggle with regular school attendance or academic coursework. Instead, we should be finding opportunities for these youth to find purpose, develop employment skills, and prepare for adulthood.”

Also in support, the California Tribal TANF Partnership states, “With SB 1428 in place, the students/adolescents who are failing out of school may be able to attend independent study and work hours to develop work and social skills during the summer… [Having a summer job has] blossomed our youth into a state where they have ascended in [their] studies and are prominent employees in our business entities.”

Prior Legislation

SB 702 (McGuire), Chapter 775, Statutes of 2016 extends a Lake County-specific exemption to child labor law so as to allow minors to work during the peak agricultural season when school is not in session.

REGISTERED SUPPORT / OPPOSITION:

Support

California School Boards Association

California School Employees Association

California Tribal TANF Partnership

Robinson Rancheria Citizens’ Business Council

Western Center on Law & Poverty

Opposition

None on file.

Analysis Prepared by: Megan Lane / L. & E. /

Date of Hearing: June 13, 2018

ASSEMBLY COMMITTEE ON EDUCATION

Patrick O'Donnell, Chair

SBPCA Bill Id:SB 1428

Author:(McGuire) – As Amended Ver:April 25, 2018

[Note: This bill is doubled referred to the Assembly Labor and Employment Committee and will be heard by that Committee as it relates to issues under its jurisdiction.]

SENATE VOTE: 36-0

SUBJECT: Minors: employment: work permits

SUMMARY: Prohibits a school from denying a pupil’s request for a work permit on the basis of school performance for specified programs. Specifically, this bill:

1. Prohibits a school from denying a work permit for a minor on the basis of the pupil’s grades, grade point average, or school attendance, if the permit would allow the pupil to participate in a government-administered employment and training program that will occur during the regular summer vacation of the school that the pupil attends.

EXISTING LAW:

1. Provides that specified school district, charter school, and private school officials may issue a minor a work permit if requested by the minor’s parent, guardian, foster parent, or caregiver. Any principal issuing a work permit must provide a self-certification that he or she understands the requirements in existing law for issuing a work permit and submit a copy of each work permit he or she issues along with a copy of the application for each work permit to the superintendent of the school district in which the school is located. (Education Code (EC) 49110)
2. Specifies that a permit to work may be issued to any minor over the age of 12 years and under the age of 18 years to be employed on a school holiday or during the regular vacation of the school. (EC 49111)
3. Authorizes the provision of a work permit to a minor who has completed the equivalent of the 7^th grade to work outside of school hours for not more than three hours per day on days when school is in session if the minor is 14 or 15 years of age; four hours per day if the minor is 16 or 17 years of age; or for a minor who is 16 years or older, up to eight hours in any day which is immediately prior to a non-school day. (EC 49112)
4. Provides exceptions to the allowable hours of work per day if the minor is 14 or 15 years of age and enrolled in and employed pursuant to a school-supervised and school-administered work experience and career exploration program, and specifies that the minor may be employed for no more than 23 hours per week, any portion of which may be during school hours; or if the minor is 16 or 17 years of age and is employed in personnel attendance occupations as defined, school-approved work experience, or cooperative vocational education programs. (EC 49116)
5. Authorizes the school official who has issued the work permit to revoke the permit if evidence is shown that the schoolwork or the health of the minor is being impaired by the employment. (EC 49116)
6. Prohibits any person, firm or corporation from employing any minor under the age of 18 years to work in or in connection with any establishment or occupation without a permit to employ, issued by the proper educational officers in accordance with law. (EC 49160)
7. Prohibits any employer employing a minor 16 or 17 years of age for more than 8 hours in one day or more than 48 hours in one week. (Labor Code 1391)
8. Provides that any person employing either directly or indirectly through third persons, or who employs, or permits any minor to be employed in violation of the law, is guilty of a misdemeanor, and subject to a fine of $1,000 to $5,000 or imprisonment in the county jail for not more than six months, or both. (Labor Code 1303)
9. Requires employers who are employing minors directly or indirectly through third persons, to maintain files of all work and employment permits and certificates issued and to make this available at all times to inspection by school attendance and probation officers, the State Board of Education, and officers of the Division of Labor Standards Enforcement. (Labor Code 1299).

FISCAL EFFECT: This bill has been keyed non-fiscal by the Office of Legislative Counsel.

COMMENTS: Need for the bill. According to the author:

“Most young people hold at least one job between the ages of 18 and 25. Some work part-time or summers only, while others seek full-time employment to help their families meet their basic needs. There are many advantages to working during high school, particularly for low-income youth, including higher employment rates and wages in later teen years and lower probabilities of dropping out of high school. Knowing how to find and keep a job is a critical skill for students to prepare for adulthood.

Work permits are required for California working minors regardless of the time of year, even during the summer months or school breaks. While school districts may set their own policies on work permits, some policies require students to have a certain grade point average or attendance rate. As a result, students can be unfairly denied participation in summer work, including programs specifically intended for low-income and disadvantaged youth.”

Background. According to labor and education codes, work permits are required during all seasons and times of the year, even during the summer months or school breaks. Minors are exempt from work permit requirements only under the following circumstances:

• Has graduated from high school or has been awarded a certificate of proficiency or certificate of equivalency.
• Is employed by parents/guardians in agriculture, horticulture, viticulture, or domestic labor on property owned by the parents/guardians.
• Is self-employed.
• Is employed by a state or local government agency.
• Receives payment or prize money for horseback riding events.
• Is irregularly employed in odd jobs in private homes, such as babysitting or yard work.
• Is an unpaid trainee or volunteer.

As the laws relating to the issuance of work permits are permissive, it is solely within the discretion of the authorized school official to determine whether a minor, who is subject to compulsory education laws, may obtain a work permit in order to be employed to work.

Schools have the discretion to impose additional requirements for the issuance of a work permit, such as a requirement that the pupil maintain a certain grade point average. In addition, the school issuing the work permit may reduce maximum work hours and impose additional occupational restrictions not specified in statute or regulation, but may not extend hours beyond the maximum hours specified, or waive any occupational restrictions in statute or regulation.

This bill prohibits denial of a work permit based on school performance only during the school’s regular summer vacation period and only when the minor is participating in a government-administered employment and training program. Writing in support of SB 1428, the California Tribal TANF Partnership notes, that this bill will enhance workforce experiences for tribal youth and allow them to participate in this program. This partnership is intended to help students who are struggling with education to gain occupational skills during the summer to prepare them for the workforce.

Similar or prior legislation. SB 702 (McGuire) Chapter 775, Statutes of 2016 extends a Lake County-specific exemption of child labor law that allows minors to work during the peak agricultural season when school is not in session.

REGISTERED SUPPORT / OPPOSITION:

Support

California School Boards Association

California School Employees Association

California Tribal TANF Partnership

Robinson Rancheria Citizens’ Business Council

Western Center on Law & Poverty

Opposition

None on file

Analysis Prepared by: Debbie Look / ED. / (916) 319-2087

SENATE COMMITTEE ON EDUCATION

Senator Benjamin Allen, Chair

2017 - 2018 Regular

Bill No: SB 1428 Hearing Date: April 18, 2018

Subject: Minors: employment: work permits

SUMMARY

This bill prohibits a work permit from being denied on the basis of a student’s grades, grade point average, or school attendance if the student is applying for the work permit in order to participate in a government-administered employment and training program.

BACKGROUND

Existing law:

1. Prohibits any person, firm or corporation from employing any minor under the age of 18 years to work in, or in connection with, any establishment or occupation without a work permit that is issued by the proper educational officers. (Education Code § 49160)
2. Authorizes specified school officials to issue a minor a work permit if requested by the minor’s parent. Existing law requires a principal issuing a work permit to provide a self-certification that he or she understands the requirements in existing law for issuing a work permit and submit a copy of each work permit issued along with a copy of the application for each work permit to the superintendent of the school district in which the school is located. (EC §49110)
   
3. Authorizes a work permit to be issued to a minor who has completed grade 7 for up to three hours in any day while school is in session if the minor is 14 or 15 years of age, or four hours in any day if the minor is 16 or 17 years of age. Existing law authorizes the issuance of a work permit to a minor who is 13 years of age as specified. (EC § 49112)
   
4. Prohibits an employer, while school is in session, from employing a minor 14 or 15 years of age for more than three hours in any day, more than 18 hours in any week, or during school hours. Existing law prohibits an employer from employing a minor who is 16 or 17 years of age for more than four hours in any full-length schoolday, except as specified. (EC § 49116)
   
5. Authorizes the authority issuing a work permit to revoke the permit if evidence is shown that the schoolwork or the health of the minor is being impaired by the employment. (EC § 49116)
   
6. Prohibits an employer from employing a minor who is 15 years of age or younger for more than eight hours in one day, more than 40 hours in one week, or before 7 a.m. or after 7 p.m. Existing law provides an exception from June 1 through Labor Day during which a minor 15 years of age or younger may work until 9 p.m. (Labor Code §1391)
   
7. Prohibits an employer, while school is in session, from employing a minor who is 14 or 15 years of age for more than three hours in any schoolday, more than 18 hours in any week, or during school hours. (Labor Code §1391)
   
8. Existing law prohibits an employer from employing a minor who is 16 or 17 years of age for more than eight hours in one day, more than 48 hours in one week, or before 5 a.m. or after 10 p.m. on any day preceding a schoolday (minors 16 or 17 years of age may work during an evening preceding a non-schoolday until 12:30 a.m.). (Labor Code §1391)
   
9. Prohibits an employer, while school is in session, from employing a minor 16 or 17 years of age for more than four hours in any schoolday, except as follows:
   
10. The minor is employed in personal attendant occupations, school-approved work experience, or cooperative vocational education programs.
    
11. The minor has been issued a work permit and is employed in accordance with that permit. (Labor Code §1391)
    

ANALYSIS

This bill prohibits a work permit from being denied on the basis of a student’s grades, grade point average, or school attendance if the student is applying for the work permit in order to participate in a government-administered employment and training program.

STAFF COMMENTS

1. Need for the bill. According to the author, “There are many advantages to working during high school, particularly for low-income youth, including higher employment rates and wages in later ten years and lower probabilities of dropping out of high school. Current law requires California minors to have a permit in order to work (commonly referred to as a ‘work permit’). Work permits are typically issued by the school where the student is enrolled and they indicate the location of the employer and the number of hours the minor may work. California law requires a permit for working minors regardless of the time of year, even during the summer months or school breaks. While school districts may set their own policies on school permits, some policies require students to have a certain Grade Point Average or attendance rate. As a result, students can be unfairly denied participation in summer work, including programs specifically intended for low-income and disadvantaged youth.”
   
2. Government-administered employment and training program. This bill prohibits a work permit from being denied for certain reasons if the student is applying for the work permit in order to participate in a government-administered employment and training program. According to the author, an example of a government-administered employment and training program is one offered through the California Tribal Temporary Assistance for Needy Families (TANF) Partnership for tribal youth during the summer. According to their website, this partnership is associated with 20 tribes and other organizations that operate tribal TANF programs for Native American people. The partnership was established on July 8, 2003, and remains operational under the governing body Robinson Rancheria of Pomo Indians as lead administrators. The goal and purpose of the partnership is to help families achieve self-sufficiency through educational training, career and employment opportunities, as well as various supported services and programs with temporary financial assistance.
   
3. Amendment agreed upon when heard in Senate Labor and Industrial Relations Committee. As currently drafted, this bill applies year-round for any work permit. As noted by the Senate Labor and Industrial Relations Committee, similar labor law exemptions are generally limited to the summer recess. As a result, the author agreed to accept the following amendment when this bill was heard by the Senate Labor and Industrial Relations Committee. On page 2, line 6:
   
   government-administered employment and training program during the regular summer recess vacation of the school that the pupil attends.
   
   This bill was heard by the Senate Labor and Industrial Relations Committee on April 11, 2018, and passed on a 5-0 vote.
   

SUPPORT

Western Center on Law and Poverty (sponsor)

California Tribal TANF Partnership

Robinson Rancheria Citizens’ Business Council

OPPOSITION

None received

-- END --

 CONSENT 

Bill No: SB 1428

Author: McGuire (D)

Amended: 4/25/18

Vote: 21

SENATE LABOR & IND. REL. COMMITTEE: 5-0, 4/11/18

AYES: Pan, Stone, Jackson, Mitchell, Wieckowski

SENATE EDUCATION COMMITTEE: 6-0, 4/18/18

AYES: Allen, Wilk, Galgiani, Leyva, Pan, Vidak

SUBJECT: Minors: employment: work permits

SOURCE: Author

DIGEST:

This bill provides that at-risk youth should not be denied access to a work permit to participate in a government-administered employment and training program on the basis of the minor’s grades, grade point average, or school attendance.

ANALYSIS:

Existing law:

1. Provides that a school official, as specified, may issue a minor a work permit if requested by the minor’s parent, guardian, foster parent, or caregiver. Any principal issuing a work permit must provide a self-certification that he or she understands the requirements in existing law for issuing a work permit and submit a copy of each work permit he or she issues along with a copy of the application for each work permit to the superintendent of the school district in which the school is located. (Education Code §49110)
2. Prohibits any person, firm or corporation from employing any minor under the age of 18 years to work in or in connection with any establishment or occupation without a permit to employ, issued by the proper educational officers in accordance with law.

(Education Code §49160)

1. Prohibits any employer employing a minor 16 or 17 years of age for more than 8 hours in one day or more than 48 hours in one week. (Labor Code §1391)
2. Provides that any person, or agent or officer of that person, employing either directly or indirectly through third persons, or who employs, or permits any minor to be employed in violation of the law, 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. (Labor Code §1303)

This bill provides that a work permit must not be denied on the basis of a pupil’s grades, grade point average, or school attendance if the pupil is applying for the work permit in order to participate in a government-administered employment and training program that will occur during the regular summer recess or vacation of the school that the pupil attends.

Comments

1. Need for this bill? The author states the following:

Despite the lack of coursework during summer breaks, students may be denied a work permit during the summer months. While school districts may set their own policies on school permits, some policies require students to have a certain grade point average or attendance rate. As a result, students can be unfairly denied participation in summer work, such as programs specifically intended for low-income and disadvantaged youth.

…. In fact, students who are less successful in school can greatly benefit from summer employment opportunities more than their peers, as some schools may be closed during the summer and may not offer summer school courses.

Additionally, youth who need employment during summer months, but are unable to secure a permit for work due to poor grades or attendance will be more likely to seek employment in the underground economy, where protections for minors may not exist.

SB 1428 ensures that at-risk youth participating in a government-administered employment and training program cannot be denied a work permit on the basis of the minor’s grades, grade point average, or school attendance.

Related/Prior Legislation

SB 702 (McGuire, Chapter 775, Statutes of 2016) extended a Lake County-specific exemption of child labor law that allows minors to work during the peak agricultural season when school is not in session.

FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No

SUPPORT: (Verified 4/24/18)

California School Employees Association

California Tribal TANF Partnership

Western Center on Law and Poverty

2-individuals

OPPOSITION: (Verified 4/24/18)

None received

ARGUMENTS IN SUPPORT: The Western Center on Law and Poverty support SB 1428, writing:

Nearly all young people—98.6 percent—hold at least one job between the ages of 18 and 25.1. The average young person holds 6.3 jobs between 18 and 25.2 Some work part-time or summers only, while others seek full-time permanent employment in order to help their families meet their basic needs and to escape poverty. There are many advantages to working during high school, especially for low-income youth, including higher employment rates and wages in later teen years and lower probabilities of dropping out of high school. These advantages are doubled when a youth is employed through a government training program designed to serve youth. Still, it has been the experience of some youth in California that work permits to participate in a government youth employment and training program were denied due to low-grades or poor school attendance. This, despite the fact that youth who are struggling in school stand to benefit the most from such programs.

California should not close doors for youth who struggle with regular school attendance or academic coursework. Instead, we should be finding opportunities for these youth to find purpose, develop employment stills, and prepare for adulthood. SB 1428 would prevent youth from being denied a work permit because of low-grades or poor school attendance when they are applying so that they can participate in a government youth employment and training program.

Prepared by:

4/25/18 16:38:30

**** END ****

SENATE COMMITTEE ON LABOR AND INDUSTRIAL RELATIONS

Senator Richard Pan, Chair

2017 - 2018 Regular

Bill No: SB 1428 Hearing Date: April 11, 2018

Subject: Minors: employment: work permits

KEY ISSUE

Should the Legislature provide that at-risk youth should not be denied access to a work permit to participate in a government-administered employment and training program on the basis of the minor’s grades, grade point average, or school attendance?

ANALYSIS

Existing law:

1. Provides that a school official, as specified, may issue a minor a work permit if requested by the minor’s parent, guardian, foster parent, or caregiver. Any principal issuing a work permit must provide a self-certification that he or she understands the requirements in existing law for issuing a work permit and submit a copy of each work permit he or she issues along with a copy of the application for each work permit to the superintendent of the school district in which the school is located. (Education Code §49110)
2. Prohibits any person, firm or corporation from employing any minor under the age of 18 years to work in or in connection with any establishment or occupation without a permit to employ, issued by the proper educational officers in accordance with law.

(Education Code §49160)

1. Prohibits any employer employing a minor 16 or 17 years of age for more than 8 hours in one day or more than 48 hours in one week. (Labor Code §1391)
2. Provides that any person, or agent or officer of that person, employing either directly or indirectly through third persons, or who employs, or permits any minor to be employed in violation of the law, 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. (Labor Code §1303)

This Bill provides that a work permit must not be denied on the basis of a pupil’s grades, grade point average, or school attendance if the pupil is applying for the work permit in order to participate in a government-administered employment and training program.

COMMENTS

1. Need for this bill?

The author states the following:

“Despite the lack of coursework during summer breaks, students may be denied a work permit during the summer months. While school districts may set their own policies on school permits, some policies require students to have a certain grade point average or attendance rate. As a result, students can be unfairly denied participation in summer work, such as programs specifically intended for low-income and disadvantaged youth.

…. In fact, students who are less successful in school can greatly benefit from summer employment opportunities more than their peers, as some schools may be closed during the summer and may not offer summer school courses.

Additionally, youth who need employment during summer months, but are unable to secure a permit for work due to poor grades or attendance will be more likely to seek employment in the underground economy, where protections for minors may not exist.”

SB 1428 would ensure that at-risk youth participating in a government-administered employment and training program cannot be denied a work permit on the basis of the minor’s grades, grade point average, or school attendance.

2. Staff Comments:

As currently drafted, SB 1428 applies year-round for any work permit. Similar labor law exemptions are generally limited to the summer recess. Therefore, the Committee may wish limiting the application of SB 1428 to the summer recess with the following amendment:

On page 2, line 6 insert “during the regular summer recess vacation of the school that the pupil attends” after “program”.

3. Proponent Arguments:

The Western Center on Law and Poverty support SB 1428, writing:

“Nearly all young people—98.6 percent—hold at least one job between the ages of 18 and 25.1. The average young person holds 6.3 jobs between 18 and 25.2 Some work part-time or summers only, while others seek full-time permanent employment in order to help their families meet their basic needs and to escape poverty. There are many advantages to working during high school, especially for low-income youth, including higher employment rates and wages in later teen years and lower probabilities of dropping out of high school. These advantages are doubled when a youth is employed through a government training program designed to serve youth. Still, it has been the experience of some youth in California that work permits to participate in a government youth employment and training program were denied due to low-grades or poor school attendance. This, despite the fact that youth who are struggling in school stand to benefit the most from such programs.

California should not close doors for youth who struggle with regular school attendance or academic coursework. Instead, we should be finding opportunities for these youth to find purpose, develop employment stills, and prepare for adulthood. SB 1428 would prevent youth from being denied a work permit because of low-grades or poor school attendance when they are applying so that they can participate in a government youth employment and training program.”

4. Opponent Arguments:

None on file.

5. Double Referral:

This bill has been double referred and, if approved by this committee, it will be sent to the Senate Education Committee for hearing.

6. Prior Legislation:

SB 702 (McGuire), Chapter 775, Statutes of 2016, extends a Lake County-specific exemption of child labor law that allows minors to work during the peak agricultural season when school is not in session.

SUPPORT

Western Center on Law and Poverty

California Tribal TANF Partnership

2-individuals

OPPOSITION

None on file.

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