CA · family-business carve-out for minor workers
California family-business carve-out for minor workers
Federal FLSA § 213(c)(1)(C) exempts a minor working in a parent-owned, non-hazardous, non-manufacturing, non-mining business from the general 14-year minimum age and the standard hour caps for 14- and 15-year- olds. California narrows that carve-out, and whichever rule is stricter binds the employer (FLSA § 218(a)). This page covers how California treats parent-owned businesses for minor workers: which family relationships qualify, whether a state work permit is still required, whether state hour caps still apply, how state hazardous-occupations prohibitions interact with the federal HO-1 to HO-17 list, and the exact state-code citation.
Quick facts
- Federal carve-out treatment
- Narrowed by state
- State work permit required?
- Yes
- State hour caps apply?
- Yes
- State hazardous prohibitions
- Apply
- State statute
- CA Labor Code §§ 1290, 1391; CA Education Code §§ 49100, 49160
- Last verified
California vs the federal § 213(c)(1)(C) carve-out
Each row compares California's treatment of parent-owned businesses to the federal exemption under 29 USC § 213(c)(1)(C) and 29 CFR § 570.123. When the state is stricter, the state rule binds the employer; when the state is broader or silent, the federal floor still applies. Federal hazardous orders HO-1 through HO-17 always apply regardless of state law (the federal exemption never reaches mining, manufacturing, or HO-listed work).
| Dimension | Federal floor | California | Delta |
|---|---|---|---|
| Recognition of carve-out | Parent or in loco parentis, non-hazardous, non-mfg | Narrowed by state | Stricter than FLSA |
| State work permit required | Not required in parent-owned biz | Still required | Stricter than FLSA |
| State hour caps in parent-owned biz | Waived (no daily/weekly cap) | Still apply | Stricter than FLSA |
| Hazardous-occupations prohibitions | Federal HO-1 to HO-17 always apply | State HOs also apply | Stricter than FLSA |
Which family relationships qualify in California
California does not separately recognize a non-agricultural parent-owned-business carve-out — the § 1394 exemption applies only to farm work owned, operated, or controlled by the minor's parent. For all other parent-owned businesses, the general Permit to Work and hour caps apply.
How California actually treats parent-owned businesses
California is one of the strictest states on the federal parent-owned-business carve-out: it does not adopt FLSA § 213(c)(1)(C) for non-agricultural work. A 14-year-old working at a parent-owned restaurant, retail store, or service business in California still needs a Permit to Work issued by the minor's school, and is still bound by the § 1391 hour caps (3 hrs/school day, 18 hrs/school week for 14–15-year-olds; 4 hrs/school day, 48 hrs/week for 16–17-year-olds) and the 7 PM curfew. The only carve-outs California recognizes are the § 1394 family-farm exemption, the entertainment industry permit framework under Labor Code §§ 1308–1309.5, casual yard work for neighbors (not an employer-employee relationship), and newspaper delivery. Federal hazardous orders HO-1 through HO-17 apply regardless of who employs the minor.
Citation
CA Labor Code §§ 1290, 1391; CA Education Code §§ 49100, 49160
Where to verify California's family-business treatment
Family-business carve-outs are interpreted by state labor agencies and can shift after legislative sessions. Before relying on these rules to hire a minor in a parent-owned business, confirm with the primary sources below.