Bill Text: CA SB1428 | 2017-2018 | Regular Session | Amended


Bill Title: Minors: employment: work permits.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2018-04-13 - Set for hearing April 18. [SB1428 Detail]

Download: California-2017-SB1428-Amended.html

Amended  IN  Senate  April 04, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 1428


Introduced by Senator McGuire

February 16, 2018


An act to amend Sections 49101, 49140, 49160, and 49181 of, and to add Section 49142 to, 49120 to the Education Code, and to amend Section 1304 of the Labor Code, relating to minor work permits.


LEGISLATIVE COUNSEL'S DIGEST


SB 1428, as amended, McGuire. Minors: employment: work permits: exemption. permits.
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 minor’s 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 minor’s school to attend summer school during that period. The bill would make other conforming changes.

This bill would prohibit 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 49120 is added to the Education Code, to read:

49120.
 A work permit shall 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.

SECTION 1.Section 49101 of the Education Code is amended to read:
49101.

The provisions of this chapter shall not apply to a minor who has received a diploma of graduation from a high school maintaining a four-year course above the eighth grade of elementary schools, 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.

An owner, tenant, or operator of a farm employing thereon as agricultural labor a parent or guardian 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, except as specified in Section 49142. A notice pursuant to this section shall be printed in both English and 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 minor’s 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.

A person, firm, or corporation shall not employ, suffer, or permit a 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 in accordance with 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 a minor whose permit to work is not 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 a permit or certificate to work or employ is prima facie evidence of the illegal employment of a minor whose permit or certificate is not produced, unless a permit is not required pursuant to Section 49142 of the Education Code. Proof that a person was the manager or superintendent of a place of employment subject to this chapter at the time a minor is alleged to have been employed therein in violation of this chapter, is prima facie evidence that the person 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 a minor affected by this chapter is prima facie evidence of the age of the minor.

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