| STATE | REGULATES CHILD ENTERTAINMENT | WORK PERMIT | LAW/COMMENT |
|---|---|---|---|
| Yes | No | 25-8-60-For child actors and performers, no employment or age certificate required for persons under age 18. | |
| Yes | Yes | Extensive requirements for theatrical employment. 8 AAC 05.300 requires any child under 18 employed in the entertainment industry to have a work permit. Regulations also establish hours of work, working conditions, and prohibited practices. | |
| No | No | Sec. 23-235-Minors employed as stars or performers in motion picture, theatrical, radio or television productions are exempt from the law governing persons under the age of 16 | |
| Yes | Yes | 11-12-104-A child under 16 employed in the entertainment industry must have a permit and the written consent of a parent or guardian for issuance of the permit; written statement from principal as to academic standing of child; | |
| Yes | Yes | Extensive requirements for theatrical employment: The Labor Commissioner issues permits to minors to work in the entertainment industry with required documentation from appropriate school districts as applicable and/or permits permitting employment of minors in the entertainment industry. Sec. 6-1308.7-Work permit to work not more than 5 consecutive days in the entertainment or allied industries; excused from school for up to 5 absences per school year; school districts are to allow pupils to complete all assignments and tests missed during absence. Sec. 6750 Family Code - Courts may require a portion of earnings be set aside for the minor in a trust. | |
| No | No | Sec. 8-12-104-Any minor employed as an actor, model or performer is exempt from the law | |
| Yes | No | Sec. 31-23-Minors under the age of 16 are permitted to work in the theatrical industry with the authorization of the labor commissioner. Must have a certificate of age. | |
| Yes | Yes | Sec. 508-Special permit issued by Department of Labor allows child under age 16 to be employed in the entertainment industry for a limited time. | |
| Yes | Yes | 450.132-Employers or agents must make application to the Division and notify the Division showing the date, number of days, location, and date of termination of the work performed by minors in the entertainment industry. | |
| Yes | Yes | 39-2-18-for minors employed in the entertainment industry a permit is required. The Commissioner of Labor must give written consent. | |
| Yes | Yes | Sec. 12-25-22-Minors under the age of 14 may be permitted to work in theatrical employment with written consent filed with the director by guardian or parent; certificate is kept on file by employer. Sec 12-25-23 establishes limits on daily and nightwork hours. | |
| Yes | No | Sec. 44-1306 - with certain exceptions, prohibits children under the age of 16 from certain entertainment activities. | |
| Yes | Yes | Sec. 205/8, 8.1-Minors under the age of 16 appearing in theatrical productions must have a certificate authorized by the superintendent of schools; minors employed in entertainment industry may be employed subject to conditions imposed by DOL. | |
| Yes | No | Sec.. 20-8.1-4-21.5-No certificate required but there are other conditions: must not be detrimental to welfare of child; provisions must be made for education for children under age 16; minor under age 16 must be accompanied by parent or guardian at rehearsal, appearances, and performances; employment cannot be in cabaret, dance hall, night club, etc. | |
| Yes | No | Sec. 92.17 - Children under age 16 may be employed as models, outside of school hours, for up to 3 hours a day between 7 a.m. and 10 p.m., not exceeding 12 hours in a month, with parental permission. | |
| No | No | Sec. 38-614 and 616 - Children employed in the entertainment industry are exempt from child labor requirements, except that infants under one month must have written certification from a licensed physician stating that they are at least 15 days old and that they are physically capable of handling the work. Sec. 38-622 - Rules and regulations may be adopted setting standards for minor children on motion picture sets. Sec.21-3604 - Courts may require a portion of earnings be set aside for the minor in a trust. | |
| No | No | Sec. 339.210 - Children employed in the entertainment industry are exempt from child labor requirements. | |
| Yes | Yes | Sec. 253-Minors under the age of 16 must have permit issued by state DOL to participate in employment in the entertainment industry. | |
| No | Yes | Sec. 26-773 to 775 - Minors under age 16 working as theatrical or film actors are exempt from the child labor law except that they must have work permits and approval by local superintendent of schools. | |
| Yes | Yes | Sec.3-207 (a) - Special permit must be issued by the labor commissioner. The permit must be signed and notarized by parent or guardian and employer. | |
| Yes | Yes | Chap. 149, Sec. 60 - Minors under the age of 16 may take part on the stage in a theater where not more than 2 performances are given in one day and not more than 8 performances are given in any one week with written permission from the attorney general. | |
| Yes | Yes | Permit is required for all minors working in the entertainment industry from age 18 to newborns. | |
| Yes | Yes | 181A.07. Exemptions-Minors are subject to the child labor law except for the minimum age provisions. The labor Commissioner may issue waivers from the hours limitations. | |
| No | No | ||
| Yes | Yes-for under 16 | Sec. 294.022 and 294.030 - Need: proof of age, written parental consent and written statement of employer stating nature and duration of job. Waivers of time and hour restrictions may be issued by the director of the division of labor standards. | |
| No | No | 41-2-104. All minors, regardless of age may be employed as an actor, model or performer | |
| Yes | Yes-special permit for a child | Special permit-issued by Dept. of Labor, to exempt from restrictions any child employed as a performer. Need: written parental consent. | |
| No | No | Ch. 392. Casinos or resort hotels employing minors in the entertainment industry for more than 91 school days must, upon request, pay for tutoring or other equivalent educational services. Ch. 609 - Courts may require a portion of earnings be set aside for the minor in a trust. | |
| No | No | ||
| Yes | Yes-for under 16 | Sec. 34:2-21.59 - Need: parental consent, good health, workplace approved by DOL, minor under direct care of adult named in application, not attending public school, receiving approved instruction, and not during summer vacation. Number of performances and hours permitted are specified. | |
| No | No | Children of any age may be employed as actors or performers in motion pictures, or theatrical, radio, or television productions. | |
| Yes | Yes-models under 18 need permit from educational authorities/ Performer 16-17 needs employment certificate/ performers under 16 need permit from mayor or chief executive | To obtain certificates and permits need: written parental consent (exceptions for emancipated children), proof of age, and a certificate of physical fitness; separate procedures are in effect for New York City and for the remainder of the State. Sec. 7-7.1 Estates, Powers and Trusts Law - Courts may require a portion of earnings be set aside for the minor in a trust. | |
| Yes | Yes-for under 18 need Youth Employment Certificate from county social services | To obtain certificate need: proof of age. | |
| Yes | Yes-for under 16 need parental permit and commissioner of labor permit | Permits issued if appearance of such minor will not be detrimental to the minor’s morals, health, safety, welfare, or education. | |
| No | No-performers need parental consent | Performers must be without remuneration and performance must be given by a church, school, academy; or at a concert or entertainment given solely for charitable purposes or religious institution. | |
| No | No | Minors who entertain are exempt from all laws because they are considered independent employees with agents. | |
| Yes | Yes-employer must register with the Bureau of Labor for jobs of short duration (5 or fewer days)-Babies under 15 days can’t work; longer duration- minors 14-17 need work permits/ under 14 need special permit from Bureau of Labor and Industries | To obtain work permits need: parental and minor’s signature and social security number and proof of age. | |
| Yes | Yes-Minors 7 to under 18 need special permits from Dept. of Labor and Industry, and can’t work where there is alcohol. | To obtain special permits need: application signed by parent and employer, and with the seal of notary. Includes provisions for educational instruction, supervision, health, welfare, and the safeguarding and conservation for the minor of the monies derived from such performances | |
| No | No | The state doesn’t regulate such employment because entertainers are not employees on a payroll, but are rather independent employees with agents. Therefore regulation is left up to the localities. | |
| No | No | 71-3105-d-The provisions of this Article do not apply with respect to any employee engaged as an actor or performer in motion pictures; radio or television productions, or theatrical productions. | |
| No | No | 60-12-1-The provisions of this section do not apply to children employed as actors or performers in motion pictures, theatrical, radio, or television productions. | |
| No | No | 50-5-107-The provisions of this chapter shall not apply to any minor who is a musician or entertainer; Minors under 16 may model. | |
| Yes | No | Minors under 14 need to submit application for authorization signed by agency and parent, proof of age and a photograph. 13-5(H)-902 & 904. Contracts limited to no more than 7 years. Courts may require a portion of earnings be set aside for the minor in a trust. | |
| No | No | ||
| Yes | Yes-Minors under 16 need a certificate from Commissioner of Labor and Industry | To obtain certificate need: written parental consent, Commissioner of Labor and Industry consent, proof of age and school record. | |
| Yes | Yes-work permits for Minors 16 and older for cabaret, clubs, dance studio/ for under 16 for theatrical performance. Musicians need permit also. | Child labor provisions do not apply to children employed as actors or performers in motion pictures, theatrical, radio, or television productions. To obtain permit one needs: A completed employer intention to employ form, a permission to employ form signed by parent and school, and proof of age. | |
| Yes | Yes-work permit for all minors issued by Dept. of Labor. | Work permits required for all minors employed as actors or performers in film, video, audio, or theatrical productions. | |
| No | No | Minors of any age may be legally employed without a permit or certificate in acting or performing in motion pictures, theatrical, radio or television productions. | |
| No | No- employment can’t be in a roadhouse, cabaret, dance hall, night club, tavern or other similar place. | No work permits needed between 12 and 18 for public entertainment. Nothing contained in ss. 103. 64 to 103. 82 shall be construed as forbidding any minor under 18 to appear for the purpose of singing, playing or performing in any studio, circus, theatrical or musical exhibition, concert or festival, in radio and television broadcasts, or as a live or photographic model. | |
| Yes | No | Minors of any age may perform in radio, TV, movie or theatrical productions. Under 16 can be actors or performers in any concert hall or room where there is no alcohol or malt present. Also under 16 must entertain for charity and in reputable place. |
Prepared By:
Office of Performance, Budget, and Departmental Liaison
Wage and Hour Division
U.S. Department of Labor
This document was last revised in February 2009.