California State labor laws governing the employment of minors in the entertainment industry apply to California minors taken out of state for their employment, including ratios of minors to studio teachers. (California Code of Regulations §11756).

Definitions

Minor (California Code of Regulations §11750 and Labor Code §1286(c))

1. Anyone under 6 years old;
2. Anyone under the age of 18 who is required to attend school;
3. People under 18 who are not required to attend school because they are nonresidents.

Entertainment Industry (California Code of Regulations §11751(a))

The Entertainment Industry (also defined as “employer” in the code) includes any organization or individual using the services of a minor in any kind of motion picture; photography; recording; modeling; theatrical productions; publicity; rodeos; circuses; musical performances; and any other performances where minors perform to entertain the public.

Guidelines

A parent or guardian of a minor under sixteen (16) years of age must accompany and be within sight or sound of the minor at all times. (California Code of Regulations §11757).

Working Hours (California Code of Regulations §11760)

Time permitted on set does not include meal period, which may not extend the day more than 30 minutes under CA CR §11761. All other time devoted to relaxation and education.

Time permitted to work includes makeup and hairdressing, not to be started before 8:30 am. Also includes travel time, unless (i) the work includes overnight lodging; (ii) travel is provided; and travel time between set and lodging does not exceed 45 minutes. (CA CR §11759).

Babies (Older than 15 days, younger than 6 weeks)

Time Permitted on Set: Two (2) hours

Time Permitted to Work: Twenty (20) minutes or less

No light exposure of more than one-hundred (100) foot candlelight for more than thirty (30) seconds at a time); and

A nurse and studio teacher for each three (3) babies

Babies (Older than 6 weeks, younger than 6 months)

Time Permitted on Set: Two (2) hours

Time Permitted to Work: Twenty (20) minutes or less

No light exposure of more than one-hundred (100) foot candlelight for more than thirty (30) seconds at a time); and

A nurse and studio teacher for each ten (10) babies

No more than one period, two (2) consecutive hours per day

Work hours and medical exams may only take place between the hours of 9:30 am - 11:30 am; or 2:30 pm - 4:30 pm.

Minors (Older than 6 months, younger than 2 years)

Time Permitted on Set: Four (4) hours

Time Permitted to Work: Two (2) hours

Minors (Older than 2 years, younger than 6 years)

Time Permitted on Set: Six (6) hours

Time Permitted to Work: Three (3) hours

Minors (Older than 6 years, younger than 9 years)

Time Permitted on Set: Eight (8) hours

Time Permitted to Work: Four (4) hours

On days school is in session, must apply three (3) hours education; one (1) hour rest); and

When minor’s school is not in session, work hours can be increased to six (6) hours with one (1) hour of relaxation.

Minors (Older than 9 years, younger than 16 years)

Time Permitted on Set: Nine (9) hours

Time Permitted to Work: Five (5) hours

On days school is in session, must apply three (3) hours education; one (1) hour rest); and When minor’s school is not in session, work hours can be increased to seven (7) hours with one (1) hour of relaxation.

Minors (Older than 16 years, younger than 18 years)

Time Permitted on Set: Ten (10) hours

Time Permitted to Work: Six (6) hours

On days school is in session, must apply three (3) hours education; one (1) hour rest); and When minor’s school is not in session, work hours can be increased to eight (8) hours with one (1) hour of relaxation.

A minor between ages fourteen (14) and eighteen (18) may be permitted by the school to work two consecutive days during school hours, but work may not exceed eight (8) hours within a 24-hour period.

Call Time

Twenty-four (24) hours must elapse between a minor’s dismissal time and the minor’s next call time. A minor dismissed within twelve (12 hours) of the time the minor has school must receive on set education provided by the employer and a studio teacher.

Children must be under supervision of a teacher-welfare worker until picked up by some other responsible adult. CA CR §11765

Permit To Employ Minors

Employer Application (California Code of Regulations §11752)

Employers may apply to the Division of Labor Standards Enforcement (the “Division”) for a “Permit to Employ Minors,” provided the work is not be “hazardous or detrimental to the health, safety, morals or education of such minors” (including child pornography under the CA Penal Code).

Minor Application (California Code of Regulations §11753)

The Minor must apply for an “Entertainment Work Permit” from the division, including:

The minor’s name, age, birth date, address, sex, height, weight and hair and eye color.

Verification of the minor’s age and satisfactory school record, attendance and health.

The Division may require a physical exam to ensure the minor is fit for the proposed employment.

The permit is limited to the conditions specified in the application and can be used for six (6) months, after which a renewal is available under the exact same conditions.

Blanket Permits (California Code of Regulations §11754)

Blanket permits may be obtained for groups or organizations of minors employed within the application’s limited time period upon proof that:

An appropriate number of studio teachers will be provided (including special arrangements for employment of one hundred (100) or more minors)

All minors are covered by workers’ compensation insurance; and

There is a parent or guardian for every twenty (20) minors.

Studio Teachers

Basic Requirement (California Code of Regulations §11755.2)

One studio teacher must be provided on call (including on Saturdays, Sundays, holidays or during school vacation) for every ten (10) minors from age fifteen (15) days to their sixteenth (16th) birthday (age sixteen (16).

Studio teachers must also be provided for minors from age sixteen (16) to age eighteen (18) when required for the education of the minor.

Responsibilities (California Code of Regulations §11755.3)

The studio teacher is required to teach and has the responsibility of “caring and attending to the health, safety and morals of minors under sixteen (16) years of age for whom they have been provided by the employer, while such minors are engaged or employed in any activity pertaining to the entertainment industry and subject to these regulations.”

Includes wardrobe, make-up and hairdressing, but when the minor’s school is not in session, a minor may be accompanied only by a parent or guardian for up to one hour in wardrobe, make-up, hairdressing, promotional publicity, personal appearances, or audio recording.

Studio teachers are advised to monitor the minor’s state and surroundings, and may refuse to allow the minor to remain on set or location (and remove them) in the event of a danger to the minor’s safety, health or morals. The studio teacher’s decision may be appealed to the Labor Commission.

Any retaliation against the studio teacher by the employer for a complaint or removal of an employed minor is grounds for the permit being suspended, revoked or not renewed. (California Code of Regulations §11758.1)

Studio teachers are paid by the employer (California Code of Regulations §11755.4.)

Studio Teacher Certification (California Code of Regulations §11755)

To qualify under the statute, studio teachers must:

Be certified by the Labor Commissioner (upon completing a 12-hour class on applicable labor laws (or 3 hours for a renewal) and passing a certification exam. Certification is good for three (3) years but also expires upon the expiration of the teacher’s teaching credentials); and

Hold two valid and current teaching credentials, one from each of two lists:

Teaching Credential List One

A Multiple Subject credential (Education Code Sections §§ 44200, et seq.);

An Elementary credential (Education Code Sections §§ 13101, et seq.);

A Standard Credential (Early Childhood Education credential under Education Code Sections §§ 13101, et seq.); or

A General Credential (issued under n Elementary credential issued under former Education Code Sections §§ 12025 et seq.)

Teaching Credential List Two

A Single Subject credential ((Education Code Sections §§ 44200, et seq.) in English, Math, Social Science, Science or Foreign Language; or A Secondary credential (Standard Credential, (Education Code Sections §§ 13101, et seq.) in English, Math, Social Science, Science or Foreign Language; or

A General Secondary Teaching credential or a Special Secondary Teaching credential in Speech Arts (Education Code Sections §§ 12025 et seq., “General Credential”)

Studio teachers with only one certification can be certified while in the process of obtaining their second credential.

Special certificates may be issued for studio teachers with particular credentials that are certified by the Division to be helpful to a minor, but such teachers do not count toward the mandated studio teacher to minor ratio.

Violations / Termination of Permits

Violations of these provisions may result in denying, suspending or revoking a permit. (California Code of Regulations §11758)

Employers whose permits are denied, suspended or revoked are entitled to an appeal and a hearing by the Labor Commissioner. (California Code of Regulations §11758.2)