RESPONSIBILITIES OF EMPLOYERS
EMPLOYER shall be defined as any organization or individual using the services of any minor in a motion picture of any type (e.g., film, videotape, etc.), using any format (theatrical, film, commercial, documentary, television program, etc.) by any medium (e.g., theater, television, videocassettes, 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]
The following responsibilities are incurred when hiring a minor:
- EMPLOYER MUST PROVIDE A STUDIO TEACHER FOR MINORS IN ACCORDANCE WITH 8CCR 11755.1. (See “USE OF STUDIO TEACHERS”)
- employer must make application to DLSE for a Permit to Employ Minors and must have proof of workers’ compensation insurance. Permit is free and does not have to be renewed unless workers’ compensation has lapsed or permit has been revoked by DLSE [8 CCR 11751, 11752]
- companies to be held responsible and accountable for observing all rules and regulations for all minors under eighteen (18) years of age, whether they be principals on a long-term basis or extras for a day [8 CCR 11751]
- employers desiring the employment of minors may not do anything which would be hazardous or detrimental to the health, safety, morals, or education of the minor [8 CCR 11751 b & Calif. Penal Code, Sec. 311-314]
- no dressing room shall be occupied simultaneously by a minor and an adult performer or by a minor of the opposite sex (SAG Agreement)
- when minors who reside in the State of California and employed by an employer in the Entertainment Industry located in the State of California, are taken from the State of California to work on location in another state, as part of, and pursuant to, contractual arrangements made in the State of California for their employment in the Entertainment Industry, the child labor laws of California and the regulations based thereon shall be applicable, including, but not limited to, the requirement that a studio teacher must be provided for such minor [8 CCR 11756]
School Requirements
- it is advisable for the employer or his representative to be aware if the minor is in or out of school, in traditional school or in year-round, so that production schedule allows for schooling
- employer should inform Casting that children must bring:
- current work permit
- school books
- school assignments for 3 hours of school on the set
- employer must provide adequate school facilities for minor and studio teacher
- producer agrees to provide a school facility, such as a schoolhouse, classroom, trailer schoolhouse or other schooling area, which closely approximates the basic requirements for classrooms, especially with respect to adequate lighting, heating, desks and chairs. Stationary buses or cars are not adequate school facilities unless used exclusively for the minors during instruction. A moving car or bus shall never be used as a school facility; minors must not be taught while being transported to or from local locations (SAG Agreement)
Interviews and Fittings
- interviews and fittings for children who are attending school shall be held outside of school hours. Such interviews and fittings shall be held not later than 9:00 p.m. (SAG Agreement)