Keith Mack
In the United States, child labor laws vary from state to state. While federal law sets employment criteria for children, child performers and models are often exempted, and the regulation of performers younger than 16 is handled on a state-by-state basis. In 2013, New York State passed a law adding print and runway models under 18 to the definition of child performers protected by the New York Labor Law. This law requires employers of child models to obtain permits, adhere to restricted working hours, and ensure educational provisions are met. Other states, like Colorado, have their own youth employment laws that outline permissible working hours and minimum age requirements for various occupations, including modeling.
| Characteristics | Values |
|---|---|
| Location | New York State |
| Effective Date | November 20, 2013 |
| Who Does It Apply To? | Models who live or work in New York State |
| Age Limit | Under 18 |
| Who Proposed The Bill? | Senate Co-Leader Jeff Klein and State Senate Labor Committee Chairwoman Diane Savino |
| Who Supported The Bill? | Model Alliance |
| Requirements | Employers must apply for a certificate to work with child models, keep records of all minors they work with, and follow restricted working hours |
| Trust Account | 15% of the child's gross earnings must be placed into a trust account that can only be accessed when the child turns 18 |
| Chaperone | Children under 16 must be accompanied by a chaperone |
| Work Hours | Models are entitled to breaks after every four hours of work |
| Tutor | If child models miss more than three days of school, their employer is required to provide them with a tutor and a space to study |
| Penalties | Civil fines of $1,000, $2,000, and $3,000 for the first, second, and third or more offenses, respectively |
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What You'll Learn
Permit requirements
In 2013, New York legislators voted to pass the Child Performers Protection Act, which recognises models as child performers and affords them the same protections as child actors, singers, dancers, and musicians. This law applies to models who reside in New York State or work for companies based in New York State.
Under this law, employers of child models must adhere to the following permit requirements:
- Employers must apply for and obtain a general Employer Certificate of Eligibility from the New York State Department of Labor before employing any child models. This certification costs $350, lasts for three years, and can be renewed for $200.
- Employers must notify the Department of Labor of their intent to employ child models at least two to three days before the shoot or event.
- Employers must collect copies of valid Child Performer Permits, which are to be secured by the child's guardians.
- Employers must ensure that all child performers they employ have a valid employment permit from educational authorities, such as a superintendent of schools, as well as a certificate of physical fitness. These permits must be available for inspection at all times.
- Employers must collect information about the child model's trust account and ensure that at least 15% of the child's gross earnings are deposited into this account.
- Employers must inform child models and their parents or guardians of any health and safety information necessary to protect the child.
- Employers must provide a designated responsible person on set at all times for child models under the age of 16. This person must be at least 18 years old and must be within sight or sound of the child at all times.
These permit requirements aim to protect the welfare of child models and prevent their exploitation, ensuring that they have the same rights and protections as other child performers in the state of New York.
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Chaperones
In 2013, New York legislators voted to pass the Child Performers Protection Act, which recognises models as child performers, affording them the same protections as child actors, singers, dancers and musicians. This means that models under the age of 18 are subject to the same labour laws as these other professions.
One of the key components of the law is the requirement for children under 16 to be accompanied by a chaperone, or a responsible person, who must be 18 or older. This chaperone must be within sight or sound of the child model at all times. The role of the chaperone is to ensure the child's welfare and to prevent their exploitation.
The law also requires employers to notify the Department of Labor of their intent to employ minors at least two or three days before a shoot or event. This notification must include the specific dates, times, and locations of the job. In addition, employers must collect copies of valid child performer permits, which are the responsibility of the guardians to secure, and ensure that the child has a valid employment permit from educational authorities, as well as a certificate of physical fitness.
The chaperone must be aware of the mandatory restrictions on working hours for child models, which are dependent on the age of the model and whether they are enrolled in school. For example, child models are not allowed to work after midnight or return to work less than twelve hours after they have left. If a child model is going to miss more than three days of school due to work, the employer is required to provide a tutor and a space to study.
The chaperone must also ensure that the child's trust account is being managed correctly, with at least 15% of the child's gross earnings being deposited into this account.
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Work hours
In 2013, New York legislators voted to pass the Child Performers Protection Act, which recognises models as child performers, affording them the same protections as actors, dancers, and musicians under the age of 18. This means that models under 18 are subject to restricted working hours.
The specific working hour restrictions depend on the age of the model and whether they are enrolled in school. In New York, models under 16 must be accompanied by a chaperone and are not allowed to work after midnight or return to work less than 12 hours after they've left. They are also entitled to a break after every four hours of work. Additionally, if child models miss more than three days of school, their employer is required to provide them with a tutor and a space to study.
In Colorado, the state sets the maximum number of working hours for minors at 40 hours in a week or more than eight hours in any 24-hour period. Overall work limitations for those under 16 are: no more than three hours on a school day, a limit of eight hours on a non-school day, and no work time in excess of 18 hours during a school week. Minors under 16 may work up to 40 hours during non-school weeks. They can work between 7:00 am and 7:00 pm during the basic school year, but between June 1 and Labor Day, the evening hours are extended to 9:00 pm.
It is important to note that the regulations and restrictions on working hours for child models may vary depending on the state and local laws. While New York and Colorado have specific laws in place, other states may have different requirements or exemptions.
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Trust accounts
In the United States, the concept of trust accounts for child performers has been around for some time, with the Coogan Act in California being a notable example. The Coogan Act was enacted after child actor Jackie Coogan's earnings were squandered by his parents, and it stipulates that 15% of a child performer's earnings must be placed in a trust account until they reach adulthood. Similar laws have been implemented in other states, including New York, Illinois, Kansas, and Tennessee.
When it comes to child models specifically, the requirements for trust accounts vary depending on the state. For example, in New York, the law requires employers of child models to deposit at least 15% of the child's gross earnings into a trust account. This law applies to models who work or reside in New York State and took effect in 2013. On the other hand, in California, investments in Coogan accounts can only be made in specific financial instruments, such as government bonds and securities.
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Education
In 2013, New York legislators voted to pass the Child Performers Protection Act, which recognises models as child performers, affording them the same protections as actors, dancers, and musicians under the age of 18. This law applies to models who reside in New York State, regardless of where services are provided.
Under the new law, employers of child models must adhere to the following:
- Employers must apply for and obtain a general Employer Certificate of Eligibility from the New York State Department of Labor before employing child models. This certification costs $350 and lasts for three years, with renewals costing $200.
- Employers must verify that all child models have a valid employment permit from educational authorities, such as a superintendent of schools, as well as a certificate of physical fitness.
- Employers must notify the Department of Labor of their intent to employ child models at least two to three days before a shoot.
- Employers must collect copies of valid Child Performer Permits, which are the responsibility of the guardians to secure.
- Employers must inform child models and their parents of any health and safety information necessary to protect the child.
- Employers must ensure that a minimum of 15% of the child model's gross earnings are placed into a trust account that can only be accessed when the child turns 18.
- Employers must provide a designated responsible adult on set at all times for performers under 16 or a nurse for infants.
- Employers must adhere to restricted working hours and break times for child models, which vary depending on the age of the model and whether they are enrolled in school.
- If a child model misses more than three days of school, the employer must provide a certified teacher or tutor and a space to study.
These laws are designed to prevent the exploitation of children and protect their welfare. While they may impose additional costs and administrative burdens on businesses, they ensure that child models' rights are upheld and that their education is not compromised.
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Frequently asked questions
The Child Performers Protection Act is a bill introduced by Representative Grace Meng of New York in November 2015. It intends to extend federal workplace safety regulations to young professionals, including models.
The Act establishes specific working hours, salary and savings requirements, and offers private recourse for sexual harassment. It also requires employers to deposit at least 15% of the child's gross earnings into a trust account.
Violators of the Act face civil penalties of up to $1,000 for the first violation, $2,000 for the second violation, and $3,000 for the third violation.
