Is a school always required to issue a “Permit to Employ and Work” (B1-4) to an eligible minor?
No. It is solely within the discretion of the school district to determine whether a minor, who is still subject to the state’s compulsory education laws, may obtain a work permit and, therefore, be employed to work. Each of the laws governing the issuance of work permits uses the word “may,” which is permissive, and, therefore, does not require the permit to be granted (Education Code Section 75). If the statutes had used the word “shall,” which means issuance is mandatory, then the school would not have discretion and would have to issue a permit to every eligible minor (Education Code sections 49110, 49111, 49112, 49113, 49114, and 49130).
No. It is solely within the discretion of the school district to determine whether a minor, who is still subject to the state’s compulsory education laws, may obtain a work permit and, therefore, be employed to work. Each of the laws governing the issuance of work permits uses the word “may,” which is permissive, and, therefore, does not require the permit to be granted (Education Code Section 75). If the statutes had used the word “shall,” which means issuance is mandatory, then the school would not have discretion and would have to issue a permit to every eligible minor (Education Code sections 49110, 49111, 49112, 49113, 49114, and 49130).
Related Questions
- In the interest of expediency, may a school issue a blank "Permit to Employ and Work" to a minor and, when he/she secures employment, have the employer complete the necessary forms?
- Is a school always required to issue a "Permit to Employ and Work" (B1-4) to an eligible minor?
- Is a school always required to issue a work permit to an eligible minor?