Download Factsheet This information can also be downloaded in a 4-page factsheet: Are You a Teen Working in Agriculture?, in English and Spanish. 17-year-old Gloria was picking apples when she began to complain of nausea, dizziness, blurred vision and stomach cramps. The orchard had been sprayed with pesticides the day before. No warning signs had been posted. How could this have been prevented? Click Here

If you work in agriculture, there are different laws about the types of work teens can do at different ages. In general, the laws provide you less protection than teens who work in other industries.

Click on any question below to get the answer.

	What hazards should I watch out for?
	What are some of my rights on the job?
	How old do I have to be to work?
	Is it okay to do any kind of work?
	Do I need a work permit?
	What are my safety responsibilities on the job?
	What if I am being sexually harassed at work?
	What if I am being discriminated against?
	What hours can I work?
	How can I make sure my job is safe?
	What if I have a problem at work?
	What if I get hurt on the job?

	What hazards should I watch out for?

The hazards you face will depend on what kind of work you do. Here are some examples of hazards you may encounter. There are many more.

Hoeing

• Heat stress
• Bending (can hurt your back)

Hand Harvesting

• Pesticides
• Ladders
• Electrocution

Using Machines

• Tractors
• Sharp blades and conveyor belts

Packing Plant

• Slippery floors
• Heavy lifting
• Repeated movements

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	What are some of my rights on the job?

All farmworkers have legal rights regardless of their immigration status.

Under California law, your employer must provide:

• A safe and healthful workplace.
• Training about health and safety, including information on pesticides and other chemicals that could be harmful to your health.
• Training about what to do in an emergency.
• Toilets, hand washing facilities, and drinking water when there are 5 or more workers.
• Payment for emergency care and transportation if you are hurt or sick because of your job [See question #12 for more information].
• At least the minimum wage, $7.50. In some cases, employers can pay 85% of the minimum wage during your first 160 hours of work if you have no previous experience. Call toll-free 1-888-275-9243 for more information.

You also have a right to:

• Report health and safety problems to Cal/OSHA, the state agency that enforces workplace health and safety regulations
• Work without racial or sexual harassment
• Refuse to work if the job is immediately dangerous to your life or health
• Join or organize a union

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	How old do I have to be to work?

In California, you must be at least 12 years old to be hired as a farmworker.

Note: Youth of any age may work at any time in any job on a farm owned or operated by their parents.

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	Is it okay to do any kind of work?

NO! There are child labor laws that protect teens under the age of 16 from working in certain jobs that have been identified as hazardous occupations.

In California, no worker under 16 may:

• Handle or apply pesticides
• Drive, ride, or assist in operating a tractor or forklift
• Drive any vehicle for transporting passengers
• Use powered equipment such as a chain saw, hay mower, hay baler, or cotton picker
• Work on a ladder over 20 feet
• Work inside a silo

Also, no child under 12 may accompany their parents or family members to work if they:

• Work near moving farm equipment
• Work near pesticides or other chemicals
• Work near any water hazards such as an irrigation canal

Are there other things I can't do?

YES! There are many other restrictions regarding the type of work you can and can't do. Check with the child labor laws to make sure the job you are doing is allowed.

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	Do I need a work permit?

YES! Under California law, if you are under 18 and plan to work, you must get a work permit from your school or school district office (unless you have graduated).

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	What are my safety responsibilities on the job?

To work safely you should:

• Follow all safety rules and instructions
• Use safety equipment and protective clothing when needed
• Wash your hands before eating or drinking in the fields
• Never drink irrigation water
• Know what to do in case of an emergency
• Report any health and safety hazard to your supervisor

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	What if I am being sexually harassed at work?

		For a factsheet on Sexual Harassment, click here

Sexual Harassment is defined by the Fair Employment and Housing Commission as unwanted sexual advances, or visual, verbal or physical conduct of a sexual nature. This means someone is doing something sexual that makes you uncomfortable-if you don't want it, it's illegal.

Sexual harassment includes:

• Unwelcome touching or patting;
• Suggestive remarks or other verbal abuse (such as telling sexual stories loud enough that you overhear);
• Staring or leering;
• Requests for sexual favors;
• Offensive work environment (such as calendars with naked pictures)

It is your employer's responsibility to:

• Stop and prevent sexual harassment in the workplace by co-workers, supervisors, or clients
• Investigate all employee complaints
• Provide brochures or literature on sexual harassment

What can I do?

• Say "NO" clearly
• Document the harassment
• Get support from family, friends, and/or co-workers
• Look for witnesses and other victims
• File a complaint with your employer -- you cannot legally be punished or fired for filing a complaint -- your job is protected by law.
• If it is not resolved, file a complaint with the California Department of Fair Employment and Housing [see #13 "Sexual Harassment is Forbidden By Law"] at 1-800-884-1684.

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	What if I'm being discriminated against?

It is illegal for employers to discriminate against their workers. Employers also have the responsibility to make sure there is no discrimination in the workplace either by your coworkers or by the clients you serve. California state laws protect workers from being fired, from having job opportunities withheld, or from being otherwise unfairly treated on the basis of:

• Race
• Color
• Ancestry
• Gender
• Religion
• National origin (having an accent, looking "foreign", being an immigrant)
• Non-citizenship
• Disability
• Age (over 40. This protects older workers only--young people do experience age discrimination but are not protected by federal law)
• Marital status
• Pregnancy
• Sexual Orientation

If you are covered by a union contract, you might have additional protections. Get a copy of your union contract and find out.

If you believe you have experienced employment discrimination you should:

• Document the harassment or discrimination.
• Learn about your rights and the law.
• Get support from family and friends.
• Talk to your supervisor. You can bring a supportive person with you if you want.
• Look for witnesses and other victims.
• File a complaint with your employer--you cannot legally be punished or fired for filing a complaint.
• If it is not resolved, file a complaint with the Department of Fair Employment and Housing (DFEH). Complaints must be filed within one year from the date of the alleged discrimination.

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	What hours can I work?

California's child labor laws protect teens under the age of 18 from working too long, too late, or too early. This table shows the hours teens may work in agriculture. (There are exceptions for students enrolled in an approved vocational training or apprenticeship program. Talk to your instructor, or see the child labor laws.)

Work Hours for Teens
		Age 12-15		Age 16-17
Work Hours		Not before 7 am or after 7 pm during the school year		Not before 5 am or after 10 pm on school nights
		Not during school hours		Not before 5 am or after 12:30 am when there is no school the next day
		7 am-9 pm during the summer
Maximum Hours When School Is in Session		18 hours a week, but not over:		48 hours a week, but not over:
		3 hours a day on school days		8 hours a day Friday-Sunday and holidays
		8 hours a day Saturday-Sunday and holidays		10 hours a day in agricultural packing plants during peak harvest season
Maximum Hours When School Is not in Session		40 hours a week		48 hours a week
		8 hours a day		8 hours a day
				10 hours a day in agricultural packing plants during peak harvest season

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	How can I make sure my job is safe?

Most jobs can be safe if employers:

• Give you hands-on health and safety training
• Work with you to identify and eliminate hazards
• Give you protective equipment when needed
• Follow safety laws and regulations

Most jobs can be safe if workers:

• Follow safety rules
• Report hazards

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	What if I have a problem at work?

		For health and safety information, contact: CA Resource Network for Young Worker Health and Safety/UC Berkeley's Labor Occupational Health Program at 1-888-933-8336 UCLA's Labor Occupational Safety and Health Program in Southern California at (310) 794-5964

Here are some basic steps you could take to help you solve problems at work:

• Get advice and support from co-workers, family members, teachers, your job training representative, or other responsible adults.
• Talk to your union representative (if you have one).
• Find out all you can about the problem. Are any laws being broken? If so, which ones? Think about possible solutions and try to decide how effective they would be.
• Decide what solution is best and work towards that goal.
• Approach your supervisor politely. Suggest solutions. Bring someone with you for support if you wish.
• If your employer won't listen or correct the problem, you can contact one of these California government agencies and file a complaint. The local number can be found in the State Government pages of your phone book.
  • Cal/OSHA for information about making a health or safety complaint. (800) 963-9424
  • California Division of Labor Standards Enforcement (click on "District Offices") to make a complaint about wages or work hours. (415) 557-7878
  • California Department of Fair Employment and Housing to make a complaint about sexual harassment or discrimination. (800) 884-1684
    
    

You have a right to speak up! It is illegal for your employer to fire or punish you for reporting a workplace problem.

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	What if I get hurt on the job?

		This information is true in most situations. However, some rules, exceptions, and deadlines not covered here may apply to you and affect your case. The information here describes the California workers' compensation system as of January 1998. It applies to most private, state, and local government employees whose "date of injury" is 1994 or later. You can download a copy of the factsheet, Hurt on the Job? Information Alert for Teens, in English and Spanish. For factsheets with more detailed information on workers' compensation, click here.

• Tell your boss right away. If you are under 18, tell your parents or guardians too.
• Get emergency medical treatment if needed.
• Your employer must give you a claim form. Fill it out and return it to your employer to request workers' compensation benefits.

If you get hurt on the job, your employer is required by law to provide workers' compensation benefits. These include:

• Medical care for your injury, whether or not you miss time from work.
• Payments if you lose wages for more than 3 days or if you are hospitalized overnight.
• Other benefits if you become permanently disabled.

Did you know?

• You can receive benefits:
  • even if you are under 18
  • even if you are a temporary or part-time worker, no matter how long you've had your job
• You receive benefits no matter who was at fault for your injury.
• You don't have to be a U.S. citizen to receive workers' compensation benefits.
• It's illegal for your employer to punish or fire you:
  • for having a job injury; or
  • for requesting benefits when hurt on the job.
• You can't sue your employer for a job injury (in most cases).
• You can see your own doctor if you give your employer the doctor's name and address before you are injured

How can I find out more about worker's compensation?

• Talk to a supervisor or manager at work. Your employer is required by law to give you information about workers' compensation.
• Talk to your union rep, if you have one.
• Contact a state Information & Assistance officer. Call toll-free 1-800-736-7401. For a local office, check the Government Pages at the front of the white pages of your phone book. Look under: State Government Office/Industrial Relations/Workers' Compensation.

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