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Penalties for Violations
Wages for Minors     Work Permits     Working Hours for Minors     Penalties for Violations 
If you employ or permit underage minors to work in a prohibited occupation or hazardous duty — no matter how voluntary the act is on the part of the minor — you are liable for Class A penalties. Even minors who regard themselves as self-employed cannot engage in these prohibited activities. Also, a client who permits a minor to engage in the prohibited activity is liable for Class A penalties. This type of liability also extends to underage employment in any of the federally regulated occupations adopted by California. For example, minors under 16 cannot be employed or permitted to work in occupations involving mining, manufacturing or processing or perform any duties in related workrooms. Minors under 14 cannot be employed or permitted to work in clerical or food service occupations​

Owners of real property who knowingly benefit from child labor violations are subject to all applicable civil penalties, regardless of whether the person is the minor’s employer.

If a garment manufacturer commits two violations involving child labor, minimum wage, maximum hours of labor or a combination of these within a two-year period, then the Labor Commissioner can require them to post a surety bond. If a subsequent violation occurs within a two-year period, the Labor Commissioner can suspend a garment manufacturer’s registration for up to one year and confiscate any partially or fully assembled garments.
Civil Penalties for Incorrectly Employing Minors: California law provides two types of civil penalties for violations of child labor laws: Class A and Class B.
Class A Violations of Child Labor Laws: The more severe violations, Class A, generally involve underage employment in hazardous occupations. Class A violations include violations of laws relating to:
  • Manufacturing and underage employment
  • Hazardous occupations
  • Door-to-door sales
  • Eight-hour days
  • Hazardous activities
  • Any other violations that the DIR’s director determines present an imminent danger to minor employees or a substantial probability that death or serious physical harm would result
  • The violation of work hour limitations for the third or subsequent occasion also constitutes a Class A violation.

Class A violations incur penalties of not less than $5,000 and up to $10,000 for each and every violation.
Class B Violations of Child Labor Laws: Class B violations include violations of laws relating to:
  • Work permits
  • The entertainment industry
  • Other violations that the DIR’s director determines have a direct or immediate relationship to the health, safety or security of minor employees other than Class A violations
  • The violation of work hour limitations is a $500 Class B violation upon the first violation and a $1,000 Class B violation on the second violation.
  • Class B violations carry civil penalties of not less than $500 and up to $1,000 for each and every violation.

In addition, you can be liable for civil penalties for failure to:
  • Pay the applicable minimum wage
  • Carry workers’ compensation insurance
  • Provide a written deduction statement
Federal Penalties for Violating Child Labor Laws: The US Department of Labor updated the federal Minimum Wage poster (07/09) to include information on civil penalties available under federal law for violation of child labor laws. The penalties include up to $50,000 for each child labor violation that causes the death or serious injury of any minor employee. The amount can be doubled up to $100,000 if the violations are determined to be willful or repeated. In addition, you can be assessed civil penalties of up to $1,100 for each willful or repeated violation of the minimum wage or overtime pay provisions of federal law. You can also be assessed civil penalties up to $11,000 for each employee who is subject to the child labor provisions and for whom a violation occurs.

Criminal Penalties for Violating Child Labor Laws: Criminal violations of child labor laws are misdemeanors punishable by fines ranging up to $10,000, or by confinement in the county jail for periods of up to six months or by both fine and imprisonment.