Door-to-door sales has the same meaning as a home solicitation contract or offer, which is any contract, whether single or multiple, or any offer which is subject to approval, for the sale, lease, or rental of goods or services or both, made at other than appropriate trade premises. No minimum or maximum monetary amount whatsoever applies to this definition when applied to minors door-to-door sales. [Labor Code Section 1286(e); Civil Code Section 1689.5; 8 California Code of Regulations Section 11706.1]
No minor under the age of six may be permitted to engage in the door-to-door sales or street sales of candy, cookies, flowers, or any other merchandise or commodities. [Labor Code Section 1308.1] School officials may only issue permits to minors who are at least 12 years of age.
Minors under 16 MAY NOT:
Sell to passing motorists newspapers, candy, flowers or other merchandise or commodities from a fixed location on a street, highway, freeway island or divider, freeway on or off ramp, or other side of a freeway or highway entrance or exit shoulder. [Labor Code Section 1296; 8 California Code of Regulations 11706]
Sell newspaper or magazine subscriptions, candy, cookies, flowers or other merchandise or commodities door-to-door unless all of the following conditions are met [Labor Code Section 1296; 8 California Code of Regulations Section 11706]:
Minors so engaged work in pairs, as a team, on the same or opposite side of the street;
Minors so engaged must be supervised by an adult supervisor for each crew of 10 or fewer minors;
Minors must be within the sight or sound of the adult supervisor at least once every 15 minutes;
Minors must be returned to their respective homes or place of rendezvous daily after each day's work.
In addition, the door-to-door sales activities (including newspaper or magazine subscriptions) must be performed within 50 miles of the minor's residence. [Labor Code Section 1308.1]
Note: Door-to-door selling includes minors selling in parking lots or malls, whether alone or in pairs or teams. [8 California Code of Regulations Section 11706.1] Exception: These regulations do not apply to newscarriers who solicit subscriptions, or sell newspapers door-to-door when they are directly employed by the newspaper and deliver the newspaper on a regular basis to an established readership for a requested consideration. [8 California Code of Regulations 11706.2]
Employers, supervisors, and transporters of minors under 16 engaged in door-to-door sales more than 10 miles from the minors residence must register with the Labor Commissioner. [Labor Code Sections 1308.2, 1308.3, and 1308.4]
Registration of Employers, Transporters, and Supervisors of Minors Engaged in Door-To-Door Sales
Employers, transporters, and supervisors of minors engaged in door-to-door sales are required to register with the Labor Commissioner. The following definitions apply to the registration:
"Door-to-door" sales is defined in accordance with Labor Code Section 1286(e) and Section 11706.1 of the California Code of Regulations. [8 California Code of Regulations Sections 13670]
A "door-to-door" sales operation is broadly construed to mean any activity directly or indirectly associated with door-to-door sales activity including, but not limited to, a persons business activities, recruitment, or any activity directly or indirectly involving a minor employed or used in door-to-door sales. [8 Calfironia Code of Regulations Section 13670]
"Person" means an individual, corporation, partnership, limited liability company, association, or other legal entity. [8 California Code of Regulations Section 13670]
"Employer" means a person subject to Labor Code Section 1308.3 and Subchapter 10 of Title 8 of the California Code of Regulations who exercises control, direction, or supervision, either directly or indirectly, of minors engaged in door-to-door sales operations. [8 California Code of Regulations Section 13670]
"Transporter" and/or "Supervisor" means an individual subject to Labor Code Section 1308.2 and Subchapter 10 of Title 8 of the California Code of Regulations, who is at least 18 years of age and who does one or more of the following: (1) recruits. (2) solicits, (3) hires, (4) directs, or (5) controls, directly or indirectly any activity that facilitates a minor's participation in door-to-door sales operations. [8 California Code of Regulations Section 13670]
Registration requirements for minors door-to-door sales are construed to apply to employers who employ minors to deliver newspapers to consumers. [Labor Code Sections 1286(e)]
Exceptions: Registration requirements do not apply to the parent or guardian of the minor; persons acting on behalf of a bona fide trustee of charitable assets or on behalf of a charitable organization; government agencies (including schools); any religious corporation or organization which holds property for religious purposes; a bona fide cemetery corporation; a bona fide political committee; or a bona fide charitable corporation organized and operated primarily as a religious organization, educational institution, hospital, or a licensed health care service plan. [Labor Code Sections 1308.2 and 1308.3; Government Code Sections 12582, 12582.1, and 12583]
Applications for registration as an employer, transporter, or supervisor of minors engaged in door-to-door sales are available from the Division of Labor Standards Enforcements, Licensing and Registration Unit, 9th Floor West, P.O. BOX 420603, San Francisco, CA 94142.