Legal Question in Employment Law in California

Married Emancipated Minor Employment

My daughter is 17, and through marriage is emancipated. She was offered a job at a grocery store in the deli section but when they found out she was only 17, they told her she had to be 18 to work in the deli and told her she had to be a bagger. What is the law relating to emancipated minors and employment? Isn't she considered to be 18 in this instance?


Asked on 4/23/04, 10:07 am

2 Answers from Attorneys

Elizabeth L. MacDowell Law Office of Elizabeth L. MacDowell

Re: Married Emancipated Minor Employment

The employer can lawfully set workplace rules that are based on actual age, rather than your daughter's status as an emancipated minor.

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Answered on 4/26/04, 4:15 pm
Thomas Pavone Pavone & Cohen

Re: Married Emancipated Minor Employment

State and Federal Child Labor laws prohibit minors from performing certain catagories of work, including using cutting equipment such as deli slicers. The fact that she is emancipated only means that she can apply for a work permit without parent's permission.

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Answered on 4/27/04, 8:26 pm


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