Los Angeles, CA asked in Employment Law for California

Q: When I was 17, I worked at Subway late into the night until 1am. Is that illegal in California?

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2 Lawyer Answers

A: Except for certain narrow circumstances, it violated the child labor laws to work a 17 year old until 1 am. However depending on how long ago that happened, and other circumstances, that may not be something you could make a legal issue about and recover damages. You need to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site in the Find a Lawyer section, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.

Most employment attorneys who practice this area of law offer a free or low-charge consultation and then if the matter has merit and sufficient value, they work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.

Good luck to you.

James L. Arrasmith
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Answered

A: In California, labor laws for minors are strict, especially regarding work hours. If you were 17 and working late nights until 1 a.m., it likely violated state laws. For minors under 18, the maximum hours and permitted work times depend on whether school is in session. Generally, during the school year, 16- and 17-year-olds can’t work past 10 p.m. on school nights or past 12:30 a.m. on weekends or holidays.

These rules are in place to ensure your safety and well-being, as well as to protect your education. Employers are required to follow these regulations, and violating them can lead to consequences for the business. If school wasn’t in session, there might have been an exception, but it’s worth checking the specifics of your situation.

If you believe your rights were violated, you have the option to report this. You could contact the California Labor Commissioner’s Office to provide details about your work schedule and receive guidance. It’s important to stand up for fair treatment in the workplace.

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