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Student Worker Rights Information from California Department of Labor

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Welcome to the workforce!
California law requires that the following information be provided to minors to help them navigate the world of work with confidence. California Legislature directed the Department of Labor to create and distribute this information on labor rights for student workers. 
 

1.Employee or Independent Contractor?

If your employer sets your wages and hours and tells you how your job should be done you are an employee, not an independent contractor — that is, self-employed, often requiring a license. Classifying employees as contractors  leaves those workers without labor protections like minimum wage, overtime wages, paid sick leave, and more. Minors (children and adolescents under 18) cannot be independent contractors.

Learn more about how to make sure you are not misclassified: Legal Aid at Work Factsheet: Misclassification of Employees As Independent Contractors.

 

2. Child Labor

The information in this section comes from California Child Labor Laws. We use the word “teen” or “minor,” but more specifically these laws apply to:

Any person under the age of 18 years who is required to attend school. These laws do NOT apply to high school graduates under the age of 18, however they DO apply to high school dropouts who are not yet 18. Learn more about who the California child labor laws apply to.

 

Some jobs are too dangerous for teens. In California, workers under 18 cannot:
  • Drive a motor vehicle on public streets as a main part of the job (17-year-olds may drive in a few specific cases.)
  • Drive a forklift or other heavy equipment
  • Use powered equipment like a circular saw, box crusher, meat slicer, or bakery machine
  • Work in wrecking, demolition, excavation, or roofing
  • Work in logging or a sawmill
  • Prepare, serve, or sell alcoholic drinks
  • Work where the teen is exposed to radiation

 Also, 14- or 15-year-old workers cannot:

  • Do any baking
  • Cook (except with electric or gas grills that do not involve cooking over an open flame and with deep fat fryers that automatically lower and raise the baskets)
  • Work in dry cleaning or a commercial laundry
  • Do building, construction, or manufacturing work
  • Load or unload a truck, railroad car, or moving belt
  • Work on a ladder or scaffold

 

3. Wage and Hour Protections

Minimum wage

Overtime Pay

If you work more than eight hours in one day, more than 40 hours in one week, or seven days in a row, you get higher wages for the extra hours of work. California law does NOT require overtime on holidays. Learn the details about overtime: Legal Aid at Work Factsheet: Overtime in California.

There are different overtime rules for farmworkers and domestic workers. Learn more: Legal Aid at Work Factsheet: Exemptions from Overtime Pay.

 

Get your check on time

If your check is late, or if it is returned because there is not enough money in the employer’s account, you are entitled to an additional payment. If you are fired, you should receive your final paycheck on your last day of work. If you quit, you should receive your final paycheck within 72 hours. Your final paycheck should include anything you are owed for overtime work and payment for any vacation time you didn’t use. Learn more: Legal Aid at Work Factsheet: Paydays/Late Pay/Bounced Paychecks.

 

"Show up" Pay

“Show up” or “reporting time” pay means you could still get paid for some of your scheduled shift even if you are sent home because there isn’t enough work. If you show up for work and your employer doesn’t put you to work or gives you less than half of your usual or scheduled hours, you may be entitled to partial payment for the cut hours. See the Department of Industrial Relations webpage for frequently asked questions about reporting time pay.

 

Split Shift Pay

If you work a “split shift,” you may be entitled to additional pay. A split shift is a workday with a chunk of unpaid time off in between work shifts (meal breaks don’t count). See the Department of Industrial Relations webpage for frequently asked questions about split shifts.

 

Tips

Workers earning tips have the same minimum wage as other workers. Tips do NOT count toward your minimum wage. Your employer cannot take your tips, but tip pooling is allowed. More details about tips:

  • How does a tip pool work? Everyone’s tips are collected into a “pool” and then distributed to service staff (bartenders, hosts, servers, bussers) in a “fair and reasonable manner.” In general, the server will get the most, with bussers, bartenders, and hosts getting much smaller shares. Those who do not serve customers (dishwashers, cooks, cashiers) as well as managers and supervisors should not be included in the pool.
  • What happens to tips paid by credit card? You should receive your tips paid by credit card by your next payday. Your employer CANNOT deduct credit card processing fees from your tips.
  • Are mandatory service charges treated like tips? No. While many employers will give distribute some or all of the service charge they collect from customers to staff, they are not required to do so. 
Wage Theft can happen, and employers know they need to watch out for it. Some examples include:
  • If you are mistakenly paid less than you were promised
  • If you are forced to do any work before clocking in, after clocking out, or during paid or unpaid breaks
  • If your employer changes your timecard
  • If your employer deducts anything from your paycheck without your permission or anything not required by the government including:
    • Equipment
    • Uniforms: Your employer must pay the cost of any required uniform; the term “uniform” includes wearing apparel and accessories of distinctive design and color.
    • Things you accidentally break
    • Cash register shortages caused by mistakes. (Employers can ONLY deduct from an employee’s wages for any cash shortage, breakage or loss of equipment if the employer can show that the shortage, breakage or loss is caused by a dishonest or willful act, or by the employee’s gross negligence. This accusation must be proven; a simple accusation does not give the employer the right to make the deduction.)

Additional examples of wage theft can be found on the Department of Industrial Relations webpage Examples of Wage Theft.

 
Breaks and Sick Time

Law mandates that all workers get regular breaks on the job and sick time when they are ill.

You are entitled to:

Some workers such as domestic workers and farm workers are covered by different meal and break laws.

When working outdoors, workers have additional rights to prevent them from getting sick from the heat. Employers must allow outdoor workers to take a break whenever needed to cool off in the shade. Learn more about heat illness prevention for workers.

 

4. Worker Safety

Is your job dangerous? Your employer is required to provide:

  • A safe and healthy workplace
  • Training on chemicals and other hazards
  • Protective uniforms and equipment
  • Workers’ compensation if you are hurt on the job

Learn about some of the common job hazards you should watch out for.  

It can be confusing to apply for worker benefits to help you when you are sick, injured on the job, unemployed, or need family leave. You are entitled to benefits from these programs and they are not the same as filing a complaint against your employer. Sometimes, a company’s Human Resources (“HR”) department, or your union if you have one, can help you. If not, find a trusted adult to help.

 

5. Worker's Compensation

If you are hurt on the job, you are entitled to medical care, lost wages if you miss more than three days of work, and additional benefits for more serious injuries. It doesn’t matter who was at fault for the injury. You will need to apply for this program; your employer should give you a form after a work injury. Get help and information from the Division of Workers’ Compensation at 1-800-736-7401.

 

6. Unemployment Insurance

If you lose your job, you may qualify for unemployment payments for a period of time. If you lost your job because your employer didn’t have enough work for you, you will almost certainly qualify. Even if the employer says you were fired for making a mistake or for some other form of misconduct, you may still be eligible for these benefits.

 

7. Paid Leave

Most workers, including part-time workers, are entitled to five days or 40 hours of paid sick leave (whichever is more), each year.

  • You start “accruing” (meaning you start collecting or accumulating) paid sick leave after you’ve worked for your employer for 30 days. You can start using paid sick leave beginning on the 90th day of your employment.
  • You can take paid sick leave for yourself or to care for a family member (parent, child, spouse, registered domestic partner, grandparent, grandchild, or sibling) or a “designated person.” The designated person is someone you identify at the time you request your paid leave; it doesn’t have to be a family member; and your employer may limit you to one designated person per year.
  • You can also use paid sick leave for specific purposes if you are a victim of domestic violence, sexual assault, or stalking (for instance, to go to court for a restraining order).
  • Your employer cannot discipline, fire, or demote you for using paid sick leave that you are entitled to by law.
  • Your employer cannot require you to find your own replacement when you take paid sick leave. However, you should notify your employer in advance of planned sick leave and as soon as possible for unplanned sick leave.

More information on paid sick leave is available:

The following California cities have their own sick leave laws: Berkeley, Emeryville, Los Angeles, Oakland, San Diego, San Francisco, Santa Monica, West Hollywood.

State Disability and Family Leave
California workers also can get partially paid time off for up to eight weeks through the state disability program if:

  • they can’t work because of illness, injury, pregnancy, or childbirth;
  • to care for a very ill family member;
  • to bond with a new child; and
  • sometimes because of a family member’s military service.

Most workers in California are allowed twelve weeks of UNPAID leave for these reasons, too.

8. Right to Organize
You have the right join or organize a union. Through unions, workers negotiate wages, benefits, health and safety, and other workplace rights. Employees are entitled to work together on common issues, even if they don’t have a union.
National law protects workers’ right to decide whether they want to participate in union activities. It is illegal for employers to punish an employee because of involvement in a union.

9. Prohibitions Against Employer Retaliation
Employers want to create a positive and supportive work environment for you. They are committed to respecting your rights and ensuring you feel safe to express any concerns. If you report unsafe conditions or wage issues, or if you participate in union activities, you are protected by law from any negative consequences. Employers recognize that happy, informed employees contribute to a productive workplace.

Employers are made aware that it is illegal to fire you, cut your hours, give you a worse shift, or bad assignment, or punish you in any other way for exercising any of your rights such as refusing to work off the clock, taking paid sick leave, reporting harassment, or insisting on a safe workplace. It is illegal for an employer to call ICE to get back at workers who report workplace violations.

Learn more about what retaliation in the workplace is and what to do about: Legal Aid at Work factsheet Retaliation: Things You Should Know About Protected Workplace Rights.

Learn more about your rights, employers' duties and how to stay safe on the job:

Where to go for help or Report a Problem

Wage Theft
To make a complaint about wage theft (including from being misclassified as an independent contractor) go to the U.S. Department of Labor Wage and Hour Division; or the California Labor Commissioner; or your local office of Labor Standards Enforcement (see below, “Cities that have their own labor rights enforcement office”).

Retaliation
To make a complaint about retaliation go to the California Labor Commissioner.

Safety Violations
To report complaints about safety violations go to Cal/OSHA. Your call to Cal/OSHA is confidential and you can even call them without giving your name. Cal/OSHA also has job safety information for young workers.

Sexual Harassment or Racial or Sexual Discrimination
For sexual harassment call the California Department of Fair Employment and Housing has a Workplace Harassment Hotline: 1-800-884-1684.

If you think you are the victim of racial discrimination contact the California Civil Rights Department.

Child Labor Violations
If your employer is making you work too late, too early, or too long (see the section above on “work hours for teens”) or is making you do tasks that are not legal for teens (see the section above on “jobs teens are not allowed to do”), these are child labor violations. You should report these to the U.S. Department of Labor Wage and Hour Division or to the California Labor Commissioner.

Reporting Non-Compliant Employers
California’s special taskforce for receiving tips and leads about bad employers is the California Labor Enforcement Task Force (LETF). You can also report bad employers and labor violations to the California Labor Commissioner.

Cities that have their own labor rights enforcement office:

Know Your Rights Publications

 
California Department of Education, July 2024