(California Labor Code Sections 1308.1 - 1308.4)
§ 1308.1. Door-to-door selling by minors
(a) No minor under the age of 6 years shall
be permitted to engage in the door-to-door sales or street sales of candy,
cookies, flowers, or any other merchandise or commodities.
(b) No minor under 16 years of age,
permitted by law to engage in door-to-door sales of newspaper or magazine
subscriptions, or of candy, cookies, flowers, or other merchandise or
commodities, shall be employed in those activities more than 50 miles from his
or her place of residence.
§ 1308.2. Registration of person transporting or
supervising minor for door-to-door sales
(a) Except as provided in subdivision (f),
any person 18 years of age or older who transports, or provides direction or
supervision during transportation of, a minor under 16 years of age to any
location more than 10 miles from the minor's residence, or directs or
supervises a minor, for the purpose of facilitating the minor's participation
in door-to-door sales of any merchandise or commodity, shall register with the
Labor Commissioner pursuant to this section.
Registration may be renewed on an annual basis.
(b) The Labor Commissioner shall not
register or renew registration of any person pursuant to this section unless
all of the following conditions are satisfied:
(1) The person has executed a written
application on a form prescribed by the Labor Commissioner, including all of
the following:
(A) The name, address, social security
number, and California driver's license number of the applicant and the name,
address, and employer identification number of the organization from which the
merchandise to be sold is purchased.
The information provided pursuant to this subparagraph shall be set
forth in a declaration of the individual applicant under penalty of perjury.
(B) A statement by the applicant containing
all facts required by the Labor Commissioner concerning the applicant's
character, competency, responsibility, and the manner and method by which the
applicant proposes to transport the minor or minors, the number of minors to be
transported, methods and levels of adult supervision to be provided, the nature
of the merchandise to be sold, the content of any promotional statement to be
delivered by any minor, and a description of how the merchandise or commodity
to be sold would be represented to the public.
(2) The Labor Commissioner, following an
investigation thereof, is satisfied as to the character, competency, and
responsibility of the applicant.
(3) Each application for initial
registration shall be accompanied by a fee determined by the Labor Commissioner
in an amount sufficient in the aggregate to defray the division's costs of
administering the registration program, but which shall not exceed one hundred
dollars ($100) for initial registration or fifty dollars ($50) for registration
renewal.
(c) Any registrant under this section shall
have proof of registration with the Labor Commissioner in his or her immediate
possession at all times when engaged in any activity described in subdivision
(a).
(d) Whenever
an application for a registration or renewal is made, and application
processing pursuant to this section has not been completed, the Labor
Commissioner may, at his or her discretion, issue a temporary or provisional
registration valid for a period not exceeding 90 days, and subject, where
appropriate, to summary revocation by the Labor Commissioner. Otherwise, the conditions for issuance or renewal
of registration shall meet the requirements of subdivision (b).
(e) Any
person who violates subdivision (a) or (c) is guilty of a misdemeanor,
punishable by a fine of one thousand dollars ($1,000) per affected minor upon
the first conviction for a violation, two thousand five hundred dollars
($2,500) per affected minor for the second conviction for a violation, and ten
thousand dollars ($10,000) per affected minor for a third or subsequent
conviction for a violation.
(f)
The following persons are not required to register under this
section:
(1) A
parent or the guardian of the minor.
(2) A
person solely providing transportation for hire, who is not otherwise subject
to the registration requirements of subdivision (a).
(3) A person acting on behalf of a trustee or charitable corporation, as defined in Sections 12582 and 12582.1, respectively, of the Government Code, or of any entity described in Section 12583 of the Government Code.
§ 1308.3. Registration of person or entity that
employs or uses minors for door-to-door sales
(a) Except as provided in subdivision (g),
any individual, association, corporation, or other entity that employs or uses,
either directly or indirectly through third persons, minors under 16 years of
age in door-to-door sales at any location more than 10 miles from the minor's
residence shall register with the Labor Commissioner pursuant to this
section. Registration may be renewed on
an annual basis.
(b) The Labor Commissioner shall not
register or renew registration of any applicant pursuant to this section unless
all of the following conditions are satisfied:
(1) The organization has executed a written
application therefore on a form prescribed by the Labor Commissioner, including
all of the following:
(A) The company's name, address, and employer
identification number, and the names, addresses, and social security numbers of
all adults employed to supervise, accompany, or transport minors who would be
engaged in door-to-door sales. The
information provided pursuant to this subparagraph shall be set forth in a
declaration under penalty of perjury by the applicant if an individual, or an
officer of an applicant that is an association, corporation, or other entity.
(B) A statement of all the facts required by
the Labor Commissioner concerning the nature of the merchandise to be sold and
a plan detailing the level and nature of adult supervision to be provided
minors engaged in door-to-door sales.
The information provided pursuant to this subparagraph shall be by
declaration under penalty of perjury by the individual, or an officer of the
association, corporation, or other entity.
(C)
A copy of any written contract or other written agreement to
be offered by the applicant to minors employed or used by the applicant in
door-to-door sales.
(2) The
Labor Commissioner, following an investigation thereof, is satisfied that the
employer has not previously violated this article and does not propose to
expose minors in its employ to hazardous or unsafe working conditions.
(3) Each
application for initial registration shall be accompanied by a fee determined
by the Labor Commissioner in an amount sufficient in the aggregate to defray
the division's costs of administering the registration program, but which shall
not exceed three hundred fifty dollars ($350) for initial registration or two
hundred dollars ($200) for registration renewal.
(c) Any
registrant under this section shall, upon request, make available for
inspection by the Labor Commissioner all of its payroll records for any period.
(d) Any
registrant under this section, or person acting on behalf of a registrant,
shall have proof of registration with the Labor Commissioner in his or her
immediate possession at all times when engaged in any activity described in
subdivision (a).
(e) Whenever
an application for a registration or renewal is made, and application
processing pursuant to this section has not been completed, the Labor
Commissioner may, at his or her discretion, issue a temporary or provisional
registration valid for a period not exceeding 90 days, and subject, where appropriate,
to summary revocation by the Labor Commissioner. Otherwise, the conditions for issuance or renewal of registration
shall meet the requirements of subdivision (a).
(f) Any
person or entity, or any agent or officer thereof, who violates subdivision (a)
or (d), and any parent or guardian who knowingly permits a minor in his or her
custody to be employed in door-to-door sales specified in subdivision (a) by an
unregistered person or entity, or permits any minor to be employed in violation
hereof, is guilty of a misdemeanor, punishable by a fine of one thousand
dollars ($1,000) per affected minor for the first conviction for a violation,
two thousand five hundred dollars ($2,500) per affected minor for the second
conviction for a violation, and ten thousand dollars ($10,000) per affected
minor for a third or subsequent conviction for a violation.
(g) This section does not apply to any
trustee or charitable corporation, as defined in Sections 12582 and 12582.1,
respectively, of the Government Code, or to any entity described in Section
12583 of the Government Code.
§ 1308.4. Revocation, suspension or denial of
renewal of registration
The Labor Commissioner may revoke, suspend, or
refuse to renew any registration under Section 1308.2 or 1308.3 when any of the
following have occurred:
(a) The
registrant or any agent of the registrant has violated or failed to comply with
Section 1308.2 or 1308.3.
(b) The
registrant has made any misrepresentation or false statement in his or her
application for registration under Section 1308.2 or 1308.3.
(c) The
registrant has operated in a manner substantially different from the conditions
of operation stated in the application for registration.
(d) The
registrant, or any agent of the registrant, has been found by a court of law or
the Labor Commissioner to have violated, or willfully aided or abetted any
person in the violation of, any law of this state regulating the employment of
minors, the payment of wages to minors, or the conditions, terms, or places of
employment affecting the health and safety of minors.
(e) The registrant has been found, by a
court of law or the Secretary of Labor, to have violated any provision of the
child labor provisions set forth in Section 12 of the federal Fair Labor
Standards Act of 1938, as amended (29 U.S.C. Sec. 212).