What are a minor’s rights to overtime pay?

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What are a minor’s rights to overtime pay?

Say they worked Saturday gravyard from 10 pm to 6 am Sunday and had to come back Sunday 5 pm to 12 am and got paid no overtime.

Asked on May 11, 2011 under Employment Labor Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

When you say "minor" what age are you talking about specifically?  Almost all minors under the age of 18 are subject to California's child labor protections. Under the California Labor Code, "minor" is defined as any person under the age of 18 years required to attend school under the provisions of the Education Code, and any person under age six. "Dropouts" are subject to California's compulsory education laws, and thus are subject to all state child labor law requirements. Emancipated minors, while subject to all California's child labor laws, may apply for a work permit without their parent's permission.  You have not given much information here other what appears to be a schedule that is way too harsh for a minor in my opinion but that may not be illegal per se.  I am going to give you a link to the Department of Labor's website. Look on it.  there is a booklet on Child labor laws you can read.  And then give them a call with specific questions.  Good luck.



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