WORKING WITH CHILDREN
1. Employing Children in California
Minors aged 15 days to 18 years employed in the entertainment industry must have a permit to work and employers must have a permit to employ issued by the Division of Labor Standards Enforcement.
CB holds a ‘Permit to Employ Minors’ in California (valid until 06/14/2020). You can download it from Google Drive here. Please request permission to access Google Drive if you do not have this.
On top on the employer permit, Minors must have a current/valid ‘Entertainment Work Permit’ before work can be granted. For non-permitted children (non acting kids) permits will take more than 2 weeks to be issued.
Alternatively, this permit can be issued through Children in Film, with a lead time of approx. 3 days and a fee of $150 per child (this cost should be covered by the parents)
As of June 30th 2019 the State of CA requires that Sexual Harassment Prevention Training be taken by minors between the ages of 14-17. A work permit will not be granted without completion of this training. For more information about this, see FAQs here
FOR THE MOST UP TO DATE INFORMATION, AND ANY QUESTIONS RELATED TO WORKING WITH CHILDREN, PLEASE CONTACT ‘CHILDREN IN FILM’
Children in film I Patty A Duenas I permits@childreninfilm.com I 818-432-7402 / 818432-7400
To employ minors, TEAM would need a Minor Trust form filled out along with a copy of proof of minor trust account. Forms can be downloaded here
CALIFORNIA CHILD LABOR LAWS A-Z (Current as of 11/1/2017):
Babies: Babies under six months old are limited to 1 period of 2 consecutive hours in any 1 day, either between 9:30 am and 11:30 am or between 2:30 pm and 4:30 pm. For babies 15 days to 6 weeks; 1 studio teacher and 1 nurse must be present for every 3 babies. For babies 6 weeks to 6 months; 1 teacher and 1 nurse must be provided for every 10 babies.
Blanket Permit: Blanket permits are issued for large groups of minors (e.g. Marching Band) for a specific production over a specific period of time.
Coogan Law: Parents are required to open a “Coogan” blocked trust account within 7 days of the start of employment. Employers are required to deposit 15% of gross earnings directly into the minors Coogan account in a timely manner.
Emancipation: Regulations are fully applicable to emancipated minors unless emancipation document specifically exempts the minor from provisions of the Labor and Education Code.
Graduated Minors: Any minor who has graduated from high school, or has been awarded a certificate of proficiency, may be employed any hours as an adult, performing the same work. Studio Teachers and work permits are not required.
Meal Period: The work day may not be extended by a meal period of longer than 1⁄2 hour.
Outside California: California employers who employ resident minors out-of-state, a contractual arrangements made within California must comply with all California regulations. Minors from out-of-state working in California must also adhere to California law.
Parent Or Guardian: Must be within sight or sound of minor under 16 years of age at all times. 16-17 year olds do not require parent/guardian.
Permits: Permits are issued by the California Division of Labor Standards Enforcement (DLSE). Permits may be denied, revoked or suspended for any violation of the law (including discrimination against a studio teacher for performing authorized duties.
Permit To Employ Minors: Employers must obtain a “Permit to Employ Minors.” Applications must be submitted with a current policy of workers’ compensation insurance.
Ratio Of Minors Per Studio Teacher: 10:1 on school days and 20:1 on non-school days.
Regular School Attendance And Work: If a minor attends regular or home school prior to reporting to work, the time spent in school will be considered 6 hours regardless of how long the child actually spent at school. 1 hour of R & R will be allocated to that 6 hour period. Example: a 9-15 year old minor who attends regular school would be permitted on set for a maximum of 3.5 hours.
School On-Set: Educational instruction must be offered between the hours of 7:00 am and 4:00 pm for children in grades 1-6; and between 7:00 am and 7:00 pm for children in grades 7-12. Employers are to provide adequate facilities (e.g. a table and chairs, someplace where the child can study without being disturbed).
Split Calls/Two Or More Jobs In One Day: Minors may work 2 or more jobs in 1 day. The combined total hours at all jobs, however, may not exceed the limits set forth by law. The last company employing the minor will be held responsible for assuring that the requirements have been met.
Studio Teachers: Employers must provide a studio teacher for the education of all minors up to 18 years. Additionally, studio teachers shall care and attend to the welfare of all minors 15 years of age or under.
Teacher Certification: A studio teacher must hold 2 clear California teaching credentials. 1) A multi-subject k-12 (primary) and 2) A single subject (secondary) credential in: English, Math, Social Science, Science or a Foreign Language. Additionally, written examination & training will be required of the Studio Teacher by DLSE for final certification.
Travel Time: Travel between school/home and studio is not work time. However, studio to location counts as work time. When on distant location up to 45 minutes (each way) travel from overnight lodging to work site is not generally considered work time.
Turn Around: 12 hours must elapse between the minor’s dismissal time and next day call time or school start time. If the minor’s regular school starts less than 12 hours after dismissal time, the minor must be schooled the following day at the employer’s place of business.
Waivers: Neither studio teachers, parents nor the DLSE are empowered to waive—at any time—under any circumstances—any minimum labor standard established in law or regulation.
Work Day: A minor may work between the hours of 5:00 am & 10:00 pm on nights preceding school days or 5:00 am & 12:30 am on nights preceding non-school days. Exception: With 48 hour advance written approval from the DLSE minors age 8 - 18 may continue a performance starting before 10:00 pm up to 12:00 am preceding a school day. Turnaround rule must be observed.
Work Permit: Minors must have a current/ valid “Entertainment Work Permit” before work can be granted. Permits are valid for six months.
Work Time: All time spent getting in and out of make-up, wardrobe or hairdressing shall be considered time worked. If a minor is not called to the set, but is called for a period up to 1 hour in to hair/make-up, wardrobe, personal appearances, publicity, or audio recording when school is NOT in session, a studio teacher need not be present however parent/guardian presence is required.
Work Week: No more than six days work in seven.
2. Employing Children in NYC
Employers who engage a child performer to work in this state must obtain a certificate to employ the performer and parents or guardians must obtain a Child Performer Permit so the performer is eligible to work in this state.
CB has a valid certificate to employ minors in NYC valid until 9/3/2022. This can be found on the GDrive
Employers must notify the Department of Labor at least two (2) business days before a child performer begins work. This can also be found in the same folder on the GDrive and should be faxed to (518) 457-2731.
NY CHILD LABOR LAWS A-Z (Current as of 07/1/2015):
Babies: One Registered Nurse must be present for every 3 babies age 15 days to 6 weeks; One for every 10 babies 6 weeks to 6 months. Nurses should have pediatric experience. Infants under 15 days old may not be employed. Max Light: 100 Ft. Candlelight, 30 second exposure. Max Sound: No more than 80 decibels at any time or 70 decibels for more than 30 min.
Banking School: Up to 5 hours of teaching time may be banked and carried week to week.
Blanket Permits: Employers may apply for a “Certificate of Group Eligibility” for large groups of minors working no more than 2 days. A list of children covered by the permit shall be available for inspection on site. *Fee Applies
Child Performer Employment: Any child under 18 who provides ‘Artistic or Creative Services’ as a model, actor, actress, singer, dancer, musician, comedian, stunt person, V.O. artist, writer, director, producer, composer, conductor, designer, or in a reality TV appearance, regardless of whether fees are paid.
Educational Requirements: Children must fulfill the minimum academic and attendance requirements of their local school district. Employers shall provide school time during the work day averaging at least 3 hours per school day on a weekly basis, 1 hour minimum daily.
Exemptions: Live Performances or broadcasts of regular activities from religious, civic or educational institutions, or from private homes unless recorded for motion picture film, radio or television, including reality programming. Additionally, non professional work that is not associated with a trade, business or service and not compensated beyond a small stipend and does not occur during school hours.
Extensions/Waivers: Max time at workplace on 1-day jobs may be increased by 2 hours for minor’s age 6 months -17 years. No work is allowed the following day. Beyond this, an application for a variance can be made with 2 business days notice. Application must demonstrate significant hardship in compliance.
Meal & Rest Periods: Meal periods are included in hours of rest and recreation and may not occur more than 6 hours after arrival or a preceding meal period. A minimum of 10 minutes rest is required every 4 hours
Notice of Use: Employers must file a “Notice of Use of Child Performers” with the Dept. of Labor at least 2 business days prior to use unless minors are working under a blanket permit.
Outside New York: Employers who have offices or do business in New York who contract with NY resident minors for work out-of-state, are required to comply with the education and trust provisions of the law.
Parent/Guardian Presence: Parent or other assigned responsible person over 18 must accompany children under age 16 and monitor safety and well being at all times. For large groups working under blanket permits, 1 parent/guardian is required for every 20 children or fraction thereof. Guardians may be responsible for more than 1 child. Parent/Guardians may monitor children electronically when physical presence is not possible.
Permit to Employ: Employers are required to obtain a “Certificate of Eligibility” to employ child performers, regardless of whether or not the minor is being paid. Certificates are valid for 3 years. *Fee Applies
Record Keeping: Production records (permits, contracts, payroll, school reports, guardianship forms and trust deposits) must be kept for 6 years.
Regular School Attendance and Work: If a minor attends regular school prior to reporting to work, 3 hours shall be deducted from the work day and no more than 3 hours per day can be counted as school time.
School Room: Employers must provide a clean, well-lit school room with necessary supplies. This space shall be used exclusively for school purposes and no other persons shall be allowed in this space without prior approval.
Teachers: Employer’s are required to provide a teacher from the 3rd day of missed instruction. However, if the minor is guaranteed 3 or more consecutive days, a teacher must be provided from the 1st day. Parents who homeschool their children and are available to teach may remain their child’s teacher on set.
Teacher Certification: Teachers provided must either be certified or have teaching credentials recognized by the state of New York and must pass an NYS and national sex offender registry check. Employers shall ensure that the teacher is competent to teach applicable grade levels and subject areas
Teachers during Hiatus: Employers are required to continue providing teachers during hiatus periods of 6 days or less if school is in session and the minor is working more than 100 miles from home, unless the minor returns to attend
Teacher Ratio: One teacher per 10 kids.
Trust Account: Parents are required to open a child performer trust account within 15 days of the start of employment and notify child’s employer with account information. Employers are required to deposit a minimum of 15% of gross earnings directly into trust within 30 days of final employment unless employment is contracted for more than 30 days, in which case payments shall be made every payroll period. Employers must also provide parents with deduction/deposit records. Trust accounts are not required for unpaid performers working under a blanket permit.
Turn Around: 12 hours must elapse (9 hours for live theatre) between minor’s dismissal time and next day call time or school start time otherwise minor must be schooled the following day at the employer’s place of business. Parents may choose to opt out of this requirement
Report Cards: Teachers shall prepare written reports for each student covering dates, hours, lesson plans and grades. Reports should be given to parents and schools as needed and at the end of employment. Teachers shall work together with parents and schools to carry out education plan. **Teachers must also provide employers with a record of instruction, but shall not disclose academic progress without written parental consent.
Work Day: No earlier than 5:00 am or later than 10:00 pm (12:00 am for Live Theatre) on a night before a school day; No later than 12:30 am on a night before a non-school day.
Work Permits: Minors under the age of 18 are required to obtain and provide employer proof of either a one-time only, 15-day Temporary Permit or an Annual Child Performer Employment Permit unless working under a producer’s blanket permit. Annual permits are not valid without trust account documentation attached. Permits are required regardless of whether or not the minor is being paid. Permits must be available in the workplace for inspection.
