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CA · agricultural-work rules for minors

California agricultural work rules for minors

Federal FLSA § 213(c) lets minors work in agriculture at younger ages than in other industries, with no federal hour cap outside school hours. California layers state-specific rules on top of that framework — whichever is stricter binds the employer (FLSA § 218(a)). This page covers the California ag-work floor: minimum ages on and off the family farm, hazardous-occupation cutoffs, school-hours rules, the parental-farm exemption as California treats it, and the exact state-code citation.

Quick facts

Min age off-parent farm
12+
Min age for ag-hazardous work
16+
Parent-owned farm exemption
Mirrors federal § 213(c)
State daily / weekly hour cap
Yes
State statute
CA Labor Code §§ 1285-1312; Education Code §§ 49100-49183
Last verified

California vs the federal FLSA floor

Each row compares California's rule to the federal floor under 29 USC § 213(c) and 29 CFR §§ 570.70 – 570.72. When the state is stricter, the state rule binds the employer; when the state is looser or silent, the federal floor still applies (§ 218(a)).

California agricultural-work rules compared to the federal FLSA floor.
DimensionFederal floorCaliforniaDelta
Min age off parent farm12 with parental consent / 14 without12+Matches FLSA
Min age for Ag HO work16+ (Ag HO-1 to Ag HO-11)16+Matches FLSA
Parent-owned farm exemptionNo min age; preempts Ag HOsMirrors federalMatches FLSA
Daily / weekly hour capNo cap outside school hoursState cap appliesStricter than FLSA

How California actually regulates farm work

California does not give agriculture a broad carve-out from its general child-labor rules: the same Permit to Work and the same § 1391 hour caps that apply to other employment also apply to most farm work. Practical implications: 12–13-year-olds may work in agriculture outside school hours with a permit, 14–15-year-olds are capped at 3 hours per school day / 18 hours per school week and 7 a.m.–7 p.m. (until 9 p.m. June 1–Labor Day), and 16–17-year-olds at 4 hours per school day / 48 hours per week. § 1394 mirrors the federal parent-owned-farm exemption — a minor working on a farm owned, operated, or controlled by the minor's parent or guardian is exempt from the Permit to Work requirement (Education Code § 49141), though children below compulsory-school age cannot work during school hours. § 1393 lets the Labor Commissioner grant agricultural-packing-plant exemptions allowing 16–17-year-olds to work up to 10 hours on non-school days during peak harvest. Hazardous agricultural occupations follow the federal Ag HO-1 to Ag HO-11 floor at 16+.

Citation

CA Labor Code §§ 1391, 1393, 1394; CA Education Code § 49141

Where to verify California's ag-work enforcement

Ag-work rulemaking is an active area at both the US DOL Wage & Hour Division and state labor agencies. Before relying on these rules for hiring, scheduling, or harvest-season planning, confirm with the primary sources below.

Other states with distinctive ag-work rules

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