Can my employer refuse working me full-time based on age?

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Can my employer refuse working me full-time based on age?

I’m 17 and recently graduated high
school. My employer is claiming they
cannot work me full time since I’m not
18 yet. However, I know that California
Labor Code Section 1286 c says that
since I am graduated, I am exempt from
work hour restrictions. Are they
violating any law? What can I do?

Asked on July 7, 2019 under Employment Labor Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

There really isn't anything that you can do. The fact is that most employment relationships are "at will". This means that a company can set the conditions of employment much as it sees fit. That is so long as a worker's treatment does not violate the terms of any employment contract or union agreement. It must also not constitute some form of legally actionable discrimination, which it does not. It is not against the law to discriminate against someone based on their age unless they are 40 or older.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

There really isn't anything that you can do. The fact is that most employment relationships are "at will". This means that a company can set the cnditionss of employment much as it sees fit. hat is so long as a worker's treatment does not violate the terms of any employment contract or union agreemnt. it mosy also not constitue some for of legally actionable discrimination, which it does not. It is not against the law to discriminate against someone based on their age unless they are 40 or older.


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