CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 1428Introduced by Senator McGuireFebruary 16, 2018 An act to amend Sections 49101, 49140, 49160, and 49181 of, and to add Section 49142 to, the Education Code, and to amend Section 1304 of the Labor Code, relating to minor work permits. LEGISLATIVE COUNSEL'S DIGESTSB 1428, as introduced, McGuire. Minors: employment: work permits: exemption.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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 49101 of the Education Code is amended to read:49101. The provisions of this chapter shall not apply to any a minor who has been graduated from received a diploma of graduation from a high school maintaining a four-year course above the eighth grade of elementary schools, or who has received the equivalent of a diploma of graduation, has had an equal amount of education in a private school or by private tuition, or who has been awarded a certificate of proficiency pursuant to Section 48412 of the Education Code.SEC. 2. Section 49140 of the Education Code is amended to read:49140. Every An owner, tenant, or operator of a farm employing thereon as agricultural labor any a parent or guardian having who has minor children in his or her immediate care and custody shall post at a conspicuous place on the property or place of employment where it may be easily read by those employed, a notice stating that minor children are not allowed to work upon the premises unless legally permitted to do so by law and unless permits to work have been secured by the minor children from duly constituted authorities. All such notices authorities, except as specified in Section 49142. A notice pursuant to this section shall be printed in both the English and Spanish languages. Spanish.SEC. 3. Section 49142 is added to the Education Code, to read:49142. A work permit shall not be 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 requirements of this chapter and other applicable law shall continue to apply for a minor working without a permit pursuant to this section.SEC. 4. Section 49160 of the Education Code is amended to read:49160. No A person, firm firm, or corporation shall not employ, suffer, or permit any a minor under the age of 18 years of age to work in or in connection with any establishment or occupation except as provided in Section 49151 without a permit to employ, issued by the proper educational officers in accordance with law. law, except as provided in Sections 49142 and 49151.SEC. 5. Section 49181 of the Education Code is amended to read:49181. Failure to produce a permit to work is prima facie evidence of the illegal employment of any a minor whose permit to work is not produced. produced, unless a permit is not required pursuant to Section 49142.SEC. 6. Section 1304 of the Labor Code is amended to read:1304. Failure to produce any a permit or certificate either to work or to employ is prima facie evidence of the illegal employment of any a minor whose permit or certificate is not produced. produced, unless a permit is not required pursuant to Section 49142 of the Education Code. Proof that any a person was the manager or superintendent of any a place of employment subject to this chapter at the time any a minor is alleged to have been employed therein in violation of this chapter, is prima facie evidence that the person employed, employed or permitted the minor to work. The sworn statement of the Labor Commissioner or his or her deputy or agents as to the age of any child a minor affected by this chapter is prima facie evidence of the age of the child. minor.
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 1428Introduced by Senator McGuireFebruary 16, 2018 An act to amend Sections 49101, 49140, 49160, and 49181 of, and to add Section 49142 to, the Education Code, and to amend Section 1304 of the Labor Code, relating to minor work permits. LEGISLATIVE COUNSEL'S DIGESTSB 1428, as introduced, McGuire. Minors: employment: work permits: exemption.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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Senate Bill No. 1428
Introduced by Senator McGuireFebruary 16, 2018
Introduced by Senator McGuire
February 16, 2018
An act to amend Sections 49101, 49140, 49160, and 49181 of, and to add Section 49142 to, the Education Code, and to amend Section 1304 of the Labor Code, relating to minor work permits.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 1428, as introduced, McGuire. Minors: employment: work permits: exemption.
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.
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.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 49101 of the Education Code is amended to read:49101. The provisions of this chapter shall not apply to any a minor who has been graduated from received a diploma of graduation from a high school maintaining a four-year course above the eighth grade of elementary schools, or who has received the equivalent of a diploma of graduation, has had an equal amount of education in a private school or by private tuition, or who has been awarded a certificate of proficiency pursuant to Section 48412 of the Education Code.SEC. 2. Section 49140 of the Education Code is amended to read:49140. Every An owner, tenant, or operator of a farm employing thereon as agricultural labor any a parent or guardian having who has minor children in his or her immediate care and custody shall post at a conspicuous place on the property or place of employment where it may be easily read by those employed, a notice stating that minor children are not allowed to work upon the premises unless legally permitted to do so by law and unless permits to work have been secured by the minor children from duly constituted authorities. All such notices authorities, except as specified in Section 49142. A notice pursuant to this section shall be printed in both the English and Spanish languages. Spanish.SEC. 3. Section 49142 is added to the Education Code, to read:49142. A work permit shall not be 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 requirements of this chapter and other applicable law shall continue to apply for a minor working without a permit pursuant to this section.SEC. 4. Section 49160 of the Education Code is amended to read:49160. No A person, firm firm, or corporation shall not employ, suffer, or permit any a minor under the age of 18 years of age to work in or in connection with any establishment or occupation except as provided in Section 49151 without a permit to employ, issued by the proper educational officers in accordance with law. law, except as provided in Sections 49142 and 49151.SEC. 5. Section 49181 of the Education Code is amended to read:49181. Failure to produce a permit to work is prima facie evidence of the illegal employment of any a minor whose permit to work is not produced. produced, unless a permit is not required pursuant to Section 49142.SEC. 6. Section 1304 of the Labor Code is amended to read:1304. Failure to produce any a permit or certificate either to work or to employ is prima facie evidence of the illegal employment of any a minor whose permit or certificate is not produced. produced, unless a permit is not required pursuant to Section 49142 of the Education Code. Proof that any a person was the manager or superintendent of any a place of employment subject to this chapter at the time any a minor is alleged to have been employed therein in violation of this chapter, is prima facie evidence that the person employed, employed or permitted the minor to work. The sworn statement of the Labor Commissioner or his or her deputy or agents as to the age of any child a minor affected by this chapter is prima facie evidence of the age of the child. minor.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 49101 of the Education Code is amended to read:49101. The provisions of this chapter shall not apply to any a minor who has been graduated from received a diploma of graduation from a high school maintaining a four-year course above the eighth grade of elementary schools, or who has received the equivalent of a diploma of graduation, has had an equal amount of education in a private school or by private tuition, or who has been awarded a certificate of proficiency pursuant to Section 48412 of the Education Code.
SECTION 1. Section 49101 of the Education Code is amended to read:
### SECTION 1.
49101. The provisions of this chapter shall not apply to any a minor who has been graduated from received a diploma of graduation from a high school maintaining a four-year course above the eighth grade of elementary schools, or who has received the equivalent of a diploma of graduation, has had an equal amount of education in a private school or by private tuition, or who has been awarded a certificate of proficiency pursuant to Section 48412 of the Education Code.
49101. The provisions of this chapter shall not apply to any a minor who has been graduated from received a diploma of graduation from a high school maintaining a four-year course above the eighth grade of elementary schools, or who has received the equivalent of a diploma of graduation, has had an equal amount of education in a private school or by private tuition, or who has been awarded a certificate of proficiency pursuant to Section 48412 of the Education Code.
49101. The provisions of this chapter shall not apply to any a minor who has been graduated from received a diploma of graduation from a high school maintaining a four-year course above the eighth grade of elementary schools, or who has received the equivalent of a diploma of graduation, has had an equal amount of education in a private school or by private tuition, or who has been awarded a certificate of proficiency pursuant to Section 48412 of the Education Code.
49101. The provisions of this chapter shall not apply to any a minor who has been graduated from received a diploma of graduation from a high school maintaining a four-year course above the eighth grade of elementary schools, or who has received the equivalent of a diploma of graduation, has had an equal amount of education in a private school or by private tuition, or who has been awarded a certificate of proficiency pursuant to Section 48412 of the Education Code.
SEC. 2. Section 49140 of the Education Code is amended to read:49140. Every An owner, tenant, or operator of a farm employing thereon as agricultural labor any a parent or guardian having who has minor children in his or her immediate care and custody shall post at a conspicuous place on the property or place of employment where it may be easily read by those employed, a notice stating that minor children are not allowed to work upon the premises unless legally permitted to do so by law and unless permits to work have been secured by the minor children from duly constituted authorities. All such notices authorities, except as specified in Section 49142. A notice pursuant to this section shall be printed in both the English and Spanish languages. Spanish.
SEC. 2. Section 49140 of the Education Code is amended to read:
### SEC. 2.
49140. Every An owner, tenant, or operator of a farm employing thereon as agricultural labor any a parent or guardian having who has minor children in his or her immediate care and custody shall post at a conspicuous place on the property or place of employment where it may be easily read by those employed, a notice stating that minor children are not allowed to work upon the premises unless legally permitted to do so by law and unless permits to work have been secured by the minor children from duly constituted authorities. All such notices authorities, except as specified in Section 49142. A notice pursuant to this section shall be printed in both the English and Spanish languages. Spanish.
49140. Every An owner, tenant, or operator of a farm employing thereon as agricultural labor any a parent or guardian having who has minor children in his or her immediate care and custody shall post at a conspicuous place on the property or place of employment where it may be easily read by those employed, a notice stating that minor children are not allowed to work upon the premises unless legally permitted to do so by law and unless permits to work have been secured by the minor children from duly constituted authorities. All such notices authorities, except as specified in Section 49142. A notice pursuant to this section shall be printed in both the English and Spanish languages. Spanish.
49140. Every An owner, tenant, or operator of a farm employing thereon as agricultural labor any a parent or guardian having who has minor children in his or her immediate care and custody shall post at a conspicuous place on the property or place of employment where it may be easily read by those employed, a notice stating that minor children are not allowed to work upon the premises unless legally permitted to do so by law and unless permits to work have been secured by the minor children from duly constituted authorities. All such notices authorities, except as specified in Section 49142. A notice pursuant to this section shall be printed in both the English and Spanish languages. Spanish.
49140. Every An owner, tenant, or operator of a farm employing thereon as agricultural labor any a parent or guardian having who has minor children in his or her immediate care and custody shall post at a conspicuous place on the property or place of employment where it may be easily read by those employed, a notice stating that minor children are not allowed to work upon the premises unless legally permitted to do so by law and unless permits to work have been secured by the minor children from duly constituted authorities. All such notices authorities, except as specified in Section 49142. A notice pursuant to this section shall be printed in both the English and Spanish languages. Spanish.
SEC. 3. Section 49142 is added to the Education Code, to read:49142. A work permit shall not be 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 requirements of this chapter and other applicable law shall continue to apply for a minor working without a permit pursuant to this section.
SEC. 3. Section 49142 is added to the Education Code, to read:
### SEC. 3.
49142. A work permit shall not be 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 requirements of this chapter and other applicable law shall continue to apply for a minor working without a permit pursuant to this section.
49142. A work permit shall not be 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 requirements of this chapter and other applicable law shall continue to apply for a minor working without a permit pursuant to this section.
49142. A work permit shall not be 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 requirements of this chapter and other applicable law shall continue to apply for a minor working without a permit pursuant to this section.
49142. A work permit shall not be 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 requirements of this chapter and other applicable law shall continue to apply for a minor working without a permit pursuant to this section.
SEC. 4. Section 49160 of the Education Code is amended to read:49160. No A person, firm firm, or corporation shall not employ, suffer, or permit any a minor under the age of 18 years of age to work in or in connection with any establishment or occupation except as provided in Section 49151 without a permit to employ, issued by the proper educational officers in accordance with law. law, except as provided in Sections 49142 and 49151.
SEC. 4. Section 49160 of the Education Code is amended to read:
### SEC. 4.
49160. No A person, firm firm, or corporation shall not employ, suffer, or permit any a minor under the age of 18 years of age to work in or in connection with any establishment or occupation except as provided in Section 49151 without a permit to employ, issued by the proper educational officers in accordance with law. law, except as provided in Sections 49142 and 49151.
49160. No A person, firm firm, or corporation shall not employ, suffer, or permit any a minor under the age of 18 years of age to work in or in connection with any establishment or occupation except as provided in Section 49151 without a permit to employ, issued by the proper educational officers in accordance with law. law, except as provided in Sections 49142 and 49151.
49160. No A person, firm firm, or corporation shall not employ, suffer, or permit any a minor under the age of 18 years of age to work in or in connection with any establishment or occupation except as provided in Section 49151 without a permit to employ, issued by the proper educational officers in accordance with law. law, except as provided in Sections 49142 and 49151.
49160. No A person, firm firm, or corporation shall not employ, suffer, or permit any a minor under the age of 18 years of age to work in or in connection with any establishment or occupation except as provided in Section 49151 without a permit to employ, issued by the proper educational officers in accordance with law. law, except as provided in Sections 49142 and 49151.
SEC. 5. Section 49181 of the Education Code is amended to read:49181. Failure to produce a permit to work is prima facie evidence of the illegal employment of any a minor whose permit to work is not produced. produced, unless a permit is not required pursuant to Section 49142.
SEC. 5. Section 49181 of the Education Code is amended to read:
### SEC. 5.
49181. Failure to produce a permit to work is prima facie evidence of the illegal employment of any a minor whose permit to work is not produced. produced, unless a permit is not required pursuant to Section 49142.
49181. Failure to produce a permit to work is prima facie evidence of the illegal employment of any a minor whose permit to work is not produced. produced, unless a permit is not required pursuant to Section 49142.
49181. Failure to produce a permit to work is prima facie evidence of the illegal employment of any a minor whose permit to work is not produced. produced, unless a permit is not required pursuant to Section 49142.
49181. Failure to produce a permit to work is prima facie evidence of the illegal employment of any a minor whose permit to work is not produced. produced, unless a permit is not required pursuant to Section 49142.
SEC. 6. Section 1304 of the Labor Code is amended to read:1304. Failure to produce any a permit or certificate either to work or to employ is prima facie evidence of the illegal employment of any a minor whose permit or certificate is not produced. produced, unless a permit is not required pursuant to Section 49142 of the Education Code. Proof that any a person was the manager or superintendent of any a place of employment subject to this chapter at the time any a minor is alleged to have been employed therein in violation of this chapter, is prima facie evidence that the person employed, employed or permitted the minor to work. The sworn statement of the Labor Commissioner or his or her deputy or agents as to the age of any child a minor affected by this chapter is prima facie evidence of the age of the child. minor.
SEC. 6. Section 1304 of the Labor Code is amended to read:
### SEC. 6.
1304. Failure to produce any a permit or certificate either to work or to employ is prima facie evidence of the illegal employment of any a minor whose permit or certificate is not produced. produced, unless a permit is not required pursuant to Section 49142 of the Education Code. Proof that any a person was the manager or superintendent of any a place of employment subject to this chapter at the time any a minor is alleged to have been employed therein in violation of this chapter, is prima facie evidence that the person employed, employed or permitted the minor to work. The sworn statement of the Labor Commissioner or his or her deputy or agents as to the age of any child a minor affected by this chapter is prima facie evidence of the age of the child. minor.
1304. Failure to produce any a permit or certificate either to work or to employ is prima facie evidence of the illegal employment of any a minor whose permit or certificate is not produced. produced, unless a permit is not required pursuant to Section 49142 of the Education Code. Proof that any a person was the manager or superintendent of any a place of employment subject to this chapter at the time any a minor is alleged to have been employed therein in violation of this chapter, is prima facie evidence that the person employed, employed or permitted the minor to work. The sworn statement of the Labor Commissioner or his or her deputy or agents as to the age of any child a minor affected by this chapter is prima facie evidence of the age of the child. minor.
1304. Failure to produce any a permit or certificate either to work or to employ is prima facie evidence of the illegal employment of any a minor whose permit or certificate is not produced. produced, unless a permit is not required pursuant to Section 49142 of the Education Code. Proof that any a person was the manager or superintendent of any a place of employment subject to this chapter at the time any a minor is alleged to have been employed therein in violation of this chapter, is prima facie evidence that the person employed, employed or permitted the minor to work. The sworn statement of the Labor Commissioner or his or her deputy or agents as to the age of any child a minor affected by this chapter is prima facie evidence of the age of the child. minor.
1304. Failure to produce any a permit or certificate either to work or to employ is prima facie evidence of the illegal employment of any a minor whose permit or certificate is not produced. produced, unless a permit is not required pursuant to Section 49142 of the Education Code. Proof that any a person was the manager or superintendent of any a place of employment subject to this chapter at the time any a minor is alleged to have been employed therein in violation of this chapter, is prima facie evidence that the person employed, employed or permitted the minor to work. The sworn statement of the Labor Commissioner or his or her deputy or agents as to the age of any child a minor affected by this chapter is prima facie evidence of the age of the child. minor.