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]:

• In any church, public or religious school, or community entertainment;
• In any school entertainment or in any entertainment for charity or for children, for which no admission fee is charged;
• In any radio or television broadcasting exhibition, where the minor receives no compensation directly or indirectly therefor, and where the engagement of the minor is limited to a single appearance lasting not more than one hour, and where no admission fee is charged for the radio broadcasting or television exhibition;
• At any one event during a calendar year, occurring on a day on which school attendance is not required or on the day preceding such a day, lasting four hours or less, where a parent or guardian of the minor is present, for which the minor does not directly or indirectly receive any compensation.
• High school graduates and minors who have been awarded a certificate of proficiency pursuant to EC 48412 (such certificate being equivalent to a high school diploma), also do not require permits [LC 1286(c), 8 CCR 11750].

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.

Wages

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. .

Out-of-State Locations