Extending Working Hours in Certain Circumstances [Interpretative Bulletin 87-1 and 8 CCR 11760 g]
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.
A request may be made to the Labor Commissioner through his/her Regional Manager in the applicable area for permission to work earlier or later than the hours prescribed by law:
- if emergency situations arise
- early morning or night exteriors shot as exteriors
- live television or theatrical productions presented after hours beyond which a minor may work as prescribed by law
- if a minor between the ages of 8 to 18 years is employed in a theater, motion picture studio, radio broadcasting studio, or television studio, before 10:00 p.m., in presentation of a performance, play, or drama continuing from an earlier hour until after 10:00 p.m., to continue his part in such presentation between the hours of 10:00 p.m. and 12:00 midnight [Labor Code 1308.5 (a)(4)]
- must be submitted in writing to the Division
- in duplicate
- 48 hours prior to the time needed
- will be considered individually by a Deputy who must be convinced that:
- all reasonable alternatives to completing the work before 10:00 p.m. have been explored
- studio teacher agrees extension of hours is necessary and the only reasonable alternative (Some requests may be submitted before studio teacher has been hired. In such cases request may be granted but with understanding that subsequently-hired studio teacher may seek reconsideration or modification of permission granted.)
- health and welfare of minor will not be impaired and will be protected
- decision of Regional Manager will be final
Studio teachers do not have the authority to extend working hours.