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).
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.
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).
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).
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
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.
Time Permitted on Set: Four (4) hours
Time Permitted to Work: Two (2) hours
Time Permitted on Set: Six (6) hours
Time Permitted to Work: Three (3) hours
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.
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.
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.
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
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).
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 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.
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.
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.)
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:
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.)
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 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)
If every minor change in working conditions or trivial action were a materially adverse action then any action that an irritable, chip-on-the-shoulder employee did not like would form the basis of a discrimination suit. The plaintiff must show the employer's ... actions had a detrimental and substantial effect on the plaintiff's employment.” (McRae, supra, 142 Cal.App.4th at 386–387.)
Jan 21, 2021
Employment
Other Employment
Los Angeles County, CA
(Walt Disney Parks & Resorts U.S., Inc. v. Superior Court (2018) 21 Cal.App.5th 872, 878.) Based on the above circumstances, the court determines that Defendant did not waive its right to seek a change of venue. Additionally, Plaintiff is estopped by its conduct from asserting the motion is untimely. (Cuadros v.
Jan 11, 2021
Employment
Wrongful Term
Los Angeles County, CA
The Cross-Complaint alleges that Bates suffered reputational damage when he was “forced to explain to the studio and director why one of the people he hired was unwilling to sign customary documents unless the studio altered its arrangement with Bates.” Cross-Compl. ¶ 34.
Oct 07, 2020
Personal Injury/ Tort
Fraud
Los Angeles County, CA
Defendants The Walt Disney Company and Walt Disney Parks & Resorts U.S., Inc. who are named in the Complaint are not identified as Plaintiff’s employer in the First Charge. (Cole v. Antelope Valley Union High School Dist. (1996) 47 Cal.App.4th 1505 [“We conclude section 12960 clearly mandates that aggrieved persons set forth in their DFEH complaint the names of the persons alleged to have committed the unlawful discrimination.
Oct 01, 2020
Orange County, CA
Cause of action for violation of Labor Code section 970.
Sep 28, 2020
Santa Barbara County, CA
There is one minor child of the marriage, Madison b. 4/10/2003.
Aug 28, 2020
Santa Barbara County, CA
There is one minor child of the marriage, Madison b. 4/10/2003.
Aug 28, 2020
Santa Barbara County, CA
The Company only began recording and documenting the work of the Receiver’s professionals after the Receiver’s weekly reports began to contain many factual misrepresentations about the conduct of Regency staff. Id. The Receiver’s claim that Ramer failed to complete work by his December 31, 2019 deadline is false. Berardi Decl., ¶18. Ramer and Berardi worked throughout the holidays attempting to comply with the demands of the Receiver. Id. The only full day they took off was Christmas Day itself.
Aug 27, 2020
Los Angeles County, CA
Warner Brothers Television Productions (2006) 38 Cal.4th 264, 278–279 [42 Cal. Rptr. 3d 2, 132 P.3d 211].) Moreover, the jury could infer, based on the discrimination evidence, that supervisor Schoener's hostility was “because of … [Roby's] medical condition.” (§ 12940, subd. (j)(1), italics added.)
Aug 19, 2020
Employment
Wrongful Term
Los Angeles County, CA
D074988) 2020 WL 2394728, Willis argued, among other things, that his statute of limitations for filing his Government Claim was equitably tolled by his retaliation complaint to the Labor Commissioner, rendering his government tort claim timely. (Willis, supra, 2020 WL 2394728, at *4.)
Aug 04, 2020
San Joaquin County, CA
Factual Background Plaintiffs allege on Thursday, August 31, 2016, “just before the long Labor Day weekend, 4-year-old non-verbal, special education student, developmentally delayed Minor Plaintiff J.G. was pulled by his legs by a fellow student from and fell on his butt at school and J.G. sustained a left humeral fracture. On Monday, after Labor Day, 9/2/2016, the radiologist at Orthopedic Children’s Institute (“OCI”) in downtown Los Angeles, diagnosed J.G.’s fracture as ‘accidental.’
Jul 28, 2020
Los Angeles County, CA
Labor Code section 1102.5, subdivision (b) defines the protected activity for whistleblowing.
Jul 09, 2020
Santa Clara County, CA
Walt Disney Co. (1993) 19 Cal.App.4th 201, 216 for the proposition that “[p]romises too vague to be enforced will not support a fraud claim any more than they will one in contract.” For the reasons discussed above, a triable issue of material fact exists as to whether the terms of the contract are too vague to be enforced. Defendants have not demonstrated entitlement to summary adjudication as to this issue.
Jun 23, 2020
Employment
Other Employment
Los Angeles County, CA
Malkerson, 401 U.S. 985, 91 S.Ct. 1231, 28 L.Ed.2d 527 (1971) (summarily affirming a one-year residency requirement for in-state tuition at state universities). ¶ Our observation that “minor restrictions on travel simply do not amount to the denial of a fundamental right,” Town of Southold, 477 F.3d at 54 (internal quotation marks omitted), is consistent with the Supreme Court's jurisprudence, cf. Miller v.
Jun 12, 2020
El Dorado County, CA
Malkerson, 401 U.S. 985, 91 S.Ct. 1231, 28 L.Ed.2d 527 (1971) (summarily affirming a one-year residency requirement for in-state tuition at state universities). ¶ Our observation that “minor restrictions on travel simply do not amount to the denial of a fundamental right,” Town of Southold, 477 F.3d at 54 (internal quotation marks omitted), is consistent with the Supreme Court's jurisprudence, cf. Miller v.
Jun 12, 2020
El Dorado County, CA
Labor Code section 98.6 prohibits retaliation for filing “a bona fide complaint or claim . . . under the jurisdiction of the Labor Commissioner.” (Labor Code § 98.6(a).) Labor Code section 1102.5 prohibits retaliation for Once an employer presents a nonretaliatory reason for the discharge, “[t]he central issue is and should remain whether the evidence as a whole supports a reasoned inference that the challenged action was the product of discriminatory or retaliatory animus.
Feb 14, 2020
Employment
Other Employment
Los Angeles County, CA
Walt Disney Pictures, (“Wind Dancer”) (2017) 10 Cal. App. 5th 56, 78 (“notwithstanding a provision in a written agreement that precludes oral modification, the parties may, by their words or conduct, waive contractual rights”). Other courts apply equitable estoppel and waiver principles to prevent a party from escaping the consequences of its own conduct. Wagner v. Glendale Adventist Med. Ctr., (1989) 216 Cal.
Oct 03, 2019
Personal Injury/ Tort
Fraud
Los Angeles County, CA
On November 24, 2010, Plaintiff went into labor and arrived at Hospital. (Id., ¶¶28-29.) She alleges that while her child’s head was already crowning and coming out, Dr. Sutton cut Plaintiff’s perineum deeply with scissors and sewed her back up. (Id., ¶¶29-30.) Plaintiff alleges that she then experienced immense pain and pushed stool pieces passing through her vagina. (Id., ¶¶31, 34, 35.) She then saw Dr.
Jul 26, 2019
Personal Injury/ Tort
other
Los Angeles County, CA
Sony Pictures Entertainment, Inc. (2005) 129 Cal. App. 4th 1133, 1144 (2005), quoting Trans World Airlines, Inc. v. Thurston (1985) 469 U.S. 111, 121 [“the McDonnell Douglas test is inapplicable where the plaintiff presents direct evidence of discrimination.”.) Direct evidence is evidence which proves a fact without inference or presumption. (Trop, supra, 129 Cal.App.4th at 1145.)
Jul 15, 2019
Employment
Other Employment
Los Angeles County, CA
The Walt Disney Company, et al. MOTION FOR SUMMARY JUDGMENT OR, ALTERNATIVELY, SUMMARY ADJUDICATION OF ISSUES MOVING PARTY: Defendants The Walt Disney Company, Walt Disney Studios d/b/a Walt Disney Pictures, and Walt Disney Parks and Resorts U.S., Inc.
May 07, 2019
Los Angeles County, CA
The time and labor required for this litigation appears to justify the fees requested from counsel. Additionally, the risk of loss bore by counsel in relation to the contingency fee agreement present in this matter suggests the fees requested by counsel are warranted. The court finds plaintiffs’ counsel’s request for a higher award is justified. Thus, the $466,620.00 in attorney’s fees sought by counsel is justified on the current record.
Apr 25, 2019
Los Angeles County, CA
The time and labor required for this litigation appears to justify the fees requested from counsel. Additionally, the risk of loss bore by counsel in relation to the contingency fee agreement present in this matter suggests the fees requested by counsel are warranted. The court finds plaintiffs’ counsel’s request for a higher award is justified. Thus, the $466,620.00 in attorney’s fees sought by counsel is justified on the current record.
Apr 16, 2019
Los Angeles County, CA
Warner Brothers Television Productions (2006) 38 Cal.4th 264, 278–279. Claims for "harassment focuses on situations in which the social environment of the workplace becomes intolerable because the harassment (whether verbal, physical, or visual) communicates an offensive message to the harassed employee." Roby v. McKesson Corp. (2009) 47 Cal.4th 686, 706.
Apr 11, 2019
Employment
Other Employment
San Diego County, CA
As determined by CAC, the recording was in violation of CAC’s policies and procedures (DSS, undisputed fact 32) and McCann was terminated (DSS, undisputed facts 34-35). The description of the video of a “partially nude” child is identified specifically by CAC as a material fact. (DSS, fact 33.) There is a triable issue of fact as to whether the child who was video recorded was “partially nude” or fully clothed. For example, McCann testified at her deposition: “Q.
Apr 05, 2019
Santa Barbara County, CA
Civil Code § 51.7 broadly provides that “all persons have the right to be free from violence and intimidation by threat of violence based on, among other things, race, religion, ancestry, national origin, political affiliation, sex, or position in a labor dispute.” (Stamps v. Sup. Ct. (2006) 136 Cal.App.4th 1441, 1445.)
Feb 21, 2019
Santa Clara County, CA
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