ENTERTAINMENT INDUSTRY, Chapter 9
(click here for the entire California Division of Labor Standards Enforcement Child Labor Laws 2000 Booklet)
The entertainment industry is defined in state regulations as ". . . any organization, or individual, using the services of any minor in: motion pictures of any type (film, videotape, etc.), using any format (theatrical, film, commercial documentary, television program, etc.), by any medium (theater, television, videocassette, etc.); photography; recording; modeling; theatrical productions; publicity; rodeos; circuses; musical performances; and any other performances where minors perform to entertain the public." [8 CCR 11751]
Permits to Work and Permits to Employ
Minors aged 15 days* to 18 years employed in the entertainment industry (as defined above) must have a permit to work and employers must have a permit to employ issued by the Division of Labor Standards Enforcement [LC 1308.5, 8 CCR 11751(b), 11752, 11753, and 11754]. These permits are also required for minors making phonographic recordings or who are employed as advertising or photographic models [LC 1308.5(a)(6) and (7)]. Permits are required even when the entertainment is noncommercial in nature [LC 1308.5(a)(5)].
Permits will not be issued if the environment is improper for the minor, the employment conditions are detrimental to the minor’s health, or if the minor’s education is hampered [LC 1308.6]. The Labor Commissioner may require school officials to investigate these employment conditions [LC 1308.6].
The Division of Labor Standards Enforcement issues two types of work permits, individual permits and blanket permits. Individual permits are issued for six months to the minor specifically named in the application and must be renewed in the same manner and under the same conditions as the original permit [8 CCR 11753(b)].
* No infant under the age of one month may be employed on any motion picture set or location unless a licensed physician who is board-certified in pediatrics provides written certification that the infant is at least 15 days old and, in his or her medical opinion, the infant was carried to full term, was of normal birth weight, is physically capable of handling the stress of filmmaking, and the infant’s lungs, eyes, heart and immune system are sufficiently developed to withstand the potential risks [LC1308.8(a)].
PROCEDURE FOR OBTAINING AN ENTERTAINMENT WORK PERMIT
SCHOOL AGE CHILDREN
Although school officials may not issue work permits for employment in the entertainment industry, written verification from the minor’s school demonstrating a satisfactory academic and attendance record must accompany the application for an individual permit. The verification must come from an authorized school official. Minors who attend a charter school must obtain the written verification from either the minor’s school or the authority that granted the school’s charter. Minors who are schooled in a setting other than a public school classroom must obtain the written verification from either the local school district or the county office of education where the minor lives. Exceptions: (1) Minors who attend a private full-time day school [EC 48222] must obtain the written verification from the principal or other person having charge of the private school. (2) Minors who are instructed by a private tutor pursuant to EC 48224 must obtain the written verification from either the local school district or the county office of education where the minor lives. (3) Minors who participate in independent study through the local public school system [EC 51745, et seq.] must obtain the written verification from either the minor’s school, the local school district, or the county office of education where the minor lives. If school is not in session (i.e., school break, vacation, holiday, etc.), either the minor’s most recent report card or a letter on school letterhead from the principal or other person having charge of the minor’s school, or a letter on district letterhead from an official of the local school district where the minor lives, or a letter on the county board of education's letterhead from an official of that agency indicating that the minor’s scholastic record, attendance and health are all satisfactory or better, is required. An entertainment work permit based on the minor’s report card or any of the aforementioned letters will be effective only for the particular period during which the minor’s school is not in session. If a minor is from out of state, either the minor’s most recent report card or a letter on school letterhead from the principal or head administrator of the minor’s school indicating that the minor’s scholastic record, attendance and health are all satisfactory or better is required.
The Division of Labor Standards Enforcement may also require a physical examination to ensure that the minor is physically able to perform the duties required [8 CCR 11753].
Blanket permits are issued for groups of minors hired for special events or particular productions lasting a limited time [8 CCR 11754]. Employers obtain these permits after demonstrating proof of workers’ compensation coverage and that a parent or guardian will accompany each group of 20 minors or fraction thereof [8 CCR 11754]. The Division of Labor Standards Enforcement requires that school verification and parental consent forms for each minor accompany the application. Minors are not individually named on the permit, but a list of minors’ names submitted by the employer is attached. Appropriate numbers of studio teachers must be supplied [8 CCR 11754]. Special arrangements must be made for groups of 100 minors or more [8 CCR 11754]. These permits expire at the end of the special event for which they are issued.
Employers in the entertainment industry must possess a Permit to Employ Minors in the Entertainment Industry issued by the Division of Labor Standards Enforcement when employing minors under either an individual or blanket permit [8 CCR 11751(b)]. Application forms for these permits may be obtained from any Division of Labor Standards Enforcement office. Employers must demonstrate proof of workers’ compensation coverage. The permit is issued for an indefinite period, but the Division of Labor Standards Enforcement's policy requires that any interruption of workers’ compensation requires a new application. Permits to employ may be denied, revoked, or suspended for any violation of law or regulation or any discrimination against a studio teacher for performing duties authorized and required by law and regulation for the protection of their minor charges [8 CCR 11758 and 11758.1].
Exception: Minors of any age may appear in the following venues without permits [LC 1310]:
Excused School Absences
A school may excuse the absences of a pupil who holds an entertainment work permit or who participates with a not-for-profit arts organization in a performance for a public school audience [EC 48225.5]. The law limits the number of excused absences for a child holding an entertainment work permit to five absences per school year, each of which may consist of up to five days. A child who is absent due to participation in a non-profit public school performance is limited to five excused absences per school year.
A child who receives an excused absence for participation in a not-for-profit arts organization performance at a public school must be allowed to make up missed assignments and receive credit for all work satisfactorily completed. A child excused from school attendance because of employment in the entertainment industry must be instructed during the absence by a studio teacher certified by the Labor Commissioner in accordance with Section 11755 of Title 8 of the California Code of Regulations. All work, grades, and credit that the pupil completes with the studio teacher must be accepted by the school district or county superintendent of schools [EC 48225.5].
Hours of Work & Concurrent Requirements
Minors in the entertainment industry may not work more than eight hours in a day [LC 1308.7 and 1392] or more than 48 hours in a week [LC 1308.7]. They may only work between the hours of 5 a.m. and 10 p.m. (to 12:30 a.m. on days preceding a nonschoolday) [LC 1308.7]. "Schoolday" means any day that a minor is required to attend school for 240 minutes or more [LC 1308.7]. Exception: Upon the Labor Commissioner’s approval following a written request (submitted 48 hours in advance), a minor aged eight to 18 may continue his or her part past 10 p.m. up to 12 midnight preceding a schoolday in a "presentation, play, or drama" which begins before 10 p.m. [LC 1308.5(a)(4)]. This exception may never be construed to allow the minor to be at the place of employment more than the maximum number of hours permitted in law or regulation. In addition, state regulation establishes minimum workhour standards for individual age groups as described below.
Infants aged 15 days to 6 months may be at the place of employment for one period of two consecutive hours, which must occur between 9:30 a.m. and 11:30 a.m. or between 2:30 p.m. and 4:30 p.m. [8 CCR 11764]. Actual work may not exceed 20 minutes under any circumstances [8 CCR 11760]. Infants may not be exposed to light exceeding 100 foot-candles for more than 30 seconds at a time. A studio teacher and a nurse must be present for each three or fewer infants aged 15 days to six weeks. A studio teacher and a nurse must be present for each 10 or fewer infants aged six weeks to six months [8 CCR 11755.2 and 11760]. A parent or guardian must always be present [8 CCR 11757].
Minors aged six months to two years may be at the place of employment for up to four hours, and may work up to two hours. The remaining time must be reserved for the minor’s rest and recreation [8 CCR 11760].
Minors aged two years to six years may be at the place of employment for up to six hours, and may work up to three hours. The remaining time must be reserved for the minor’s rest and recreation [8 CCR 11760].
Minors aged six years to nine years when school is in session may be at the place of employment for up to eight hours, the sum of four hours work, three hours schooling, and one hour of rest and recreation. When school is not in session, work time may be increased up to six hours, with one hour of rest and recreation [8 CCR 11760].
Minors aged nine years to 16 years when school is in session may be at the place of employment for up to nine hours, the sum of five hours work, three hours schooling, and one hour of rest and recreation. When school is not in session, work time may be increased up to seven hours, with one hour of rest and recreation [8 CCR 11760].
All minors aged six months to 16 years must be provided with one studio teacher for each group of 10 or fewer minors when school is in session, and for each group of 20 or fewer minors on Saturdays, Sundays, holidays, or during school vacations [8 CCR 11755.1]. In addition to the studio teacher, a parent or guardian must always be present [8 CCR 11757].
Exception: Minors under 16 do not require the presence of a studio teacher for up to one hour for wardrobe, make-up, hairdressing, promotional publicity, personal appearances, or audio recording if these activities are not on the set, if school is not in session, and if the parent or guardian is present [8 CCR 11762].
Minors aged 16 years to 18 years when school is in session may be at the place of employment for up to 10 hours, the sum of six hours work, three hours schooling, and one hour of rest and recreation. When school is not in session, work time may be increased up to eight hours, with one hour of rest and recreation [8 CCR 11760]. Studio teachers need only be present for the minors’ schooling, if schooling is still required [8 CCR 11760]. A parent or guardian need not be present.
The time minors may be permitted at the place of employment may be extended by no more than one-half hour for a duty-free meal period [8 CCR 11761].
All travel time between the studio and a location counts as work time. Up to 45 minutes travel from on-location overnight lodging to a worksite is not generally considered work time. Travel between school or home and the studio is not work time [8 CCR 11759].
All time spent in make-up or hairdressing in the minor's home, with the assistance of studio personnel, is considered work time. No make-up person or hairdresser may work on a minor in the minor’s home before 8:30 a.m. Twelve hours must elapse between the time the minor is dismissed on one day and the time make-up or hairdressing begins on the following day [8 CCR 11763].
Twelve hours must elapse between the minor's time of dismissal and call time on the following day. If the minor's regular school starts less than 12 hours after his or her dismissal time, the minor must be schooled the following day at the employer's place of business [8 CCR 11760(i)].
Minors who attend regular school may not work in the entertainment industry for the same number of hours as minors tutored by studio teachers. Minors tutored by studio teachers need only be instructed for three hours a day [EC 48224; 8 CCR 11760] while minors in regular school are generally required to attend school for a much longer time. Clearly, minors who attend regular school cannot assume the same workhour burden as tutored minors. Consequently, the Division of Labor Standards Enforcement adopted an enforcement policy for minors who attend regular school. This policy computes the length of the workday for minors who attend regular school by subtracting six hours from the maximum number of hours that tutored minors are permitted on set when school is in session. For example, tutored minors nine to 16 years of age are permitted to be on set for up to nine hours, therefore minors who attended regular school on a workday would be permitted to be on set for up to three hours. Such workdays for minors attending regular school do not require a one-hour rest and recreation period, but they may be extended one-half hour by a meal period. Finally, the Division of Labor Standards Enforcement’s policy always assumes that the minor who attends regular school always attends for at least six hours. Thus, in an effort to safeguard the minor’s educational interests, an artificially shortened regular schoolday is never allowed to result in an employer benefit of extended work hours.
Nothing in the Division of Labor Standards Enforcement’s policy for minors who attend regular school may be construed to allow those minors to work during regular school hours. The Division of Labor Standards Enforcement’s policy is specifically designed to dissuade any interruption of a minor’s regular school attendance requirements. There is only one exception. A minor 14 years of age or older who attends regular school may work up to eight hours during regular school hours for each of two consecutive days upon the written permission of the minor’s school [8 CCR 11760(h)].
No law exempts minors employed in the entertainment industry from any of the prohibited occupations listed in Chapters 7 and 8 of this digest, except those entertainment activities cited in Labor Code Section 1308.
Neither studio teachers nor the Labor Commissioner are empowered to waive—at any time or under any circumstances—any minimum labor standard established in law or regulation. Exception: The special exemption described above allowing minors aged 8 to 18 to work past 10 p.m. up to 12 midnight on a school night.
As set forth in the IWC Orders (Section 1(B) of Orders 11 and 12), professional actors are exempt from the minimum wage and overtime pay requirements of the California Industrial Welfare Commission. Minors employed in the entertainment industry who are not professional actors must be paid at least the minimum wage and overtime after eight hours in a workday and 40 hours in a workweek. .
California employers who are bound by contractual arrangements made in California to employ minors residing within the state to work on location outside of the state, must comply with all California regulations, including the use of studio teachers [8 CCR 11756].
Studio teachers tutor minors whose employment responsibilities in this special industry do not allow them to attend full-time regular school. Excerpts of the California Code of Regulations, Title 8 that apply to studio teachers are reproduced below:
8 CCR Section 11755. Studio Teacher; Definition and Certification.
(a) A studio teacher within the meaning of these regulations must be a certificated teacher who holds one California teaching credential listed in paragraphs (1) through (4) of subsection (d) of this section and one California teaching credential listed in paragraphs (5) through (7) of subsection (d) of this section which are valid and current, and who has been certified by the Labor Commissioner. The teaching credential listed in (5) or (6) of subsection (d) of this section must be in one of the following subject areas: English, Math, Social Science, Science or Foreign Language.
(b) Certification by the Labor Commissioner shall be for a maximum three-year period, not to exceed the earliest expiration date of any one of the qualifying teaching credentials submitted in support of certification. A written examination will be required of the studio teacher by the Labor Commissioner at the time of certification or renewal. Such examination shall be designed to ascertain the studio teacher’s knowledge of the labor laws and regulations of the State of California as they apply to the employment of minors in the entertainment industry. In addition, each studio teacher applicant will be required to successfully complete a twelve-hour course of instruction designed by the Labor Commissioner to instruct the applicant in the duties and responsibilities of the studio teacher. Every studio teacher, as a condition of renewal of certification by the Labor Commissioner, must complete three hours of instruction in a class designed by the Labor Commissioner to ensure that the studio teacher remains abreast of any changes in the laws and regulations and duties and responsibilities of the studio teacher.
(c) For the purpose of this section:
(d) The California teaching credentials that satisfy subsection (a) are as follows:
Last updated by Julie Stevens Jan 12, 2010.