CA LABOR LAWS

Entertainment Industry Defined [8 CCR 11750]

Any entertainment employer in the state of California is required by law to have a DLSE State Certified Studio Teacher on set at all times for all Minors under age 16, and each minor must possess a valid, current, California Entertainment Work Permit. This includes, but is not limited to, all productions, union and non-union, involving minors, paid or not, that use their likeness for entertainment purposes.

The entertainment industry (i.e., the employer) is defined in state regulations as any organization or individual using the services of any minor in motion pictures of any type (film, videotape, etc.), using any format (theatrical, film, commercial, documentary, television program, etc.), by any medium (theater, television, videocassette, etc.) [8 CCR 6:2 11751]

Title 8: Scope of Regulations and Definitions [8 CCR 11751]

A "minor" shall be defined as any person under the age of 18 years who is required to attend school under the applicable provisions of the California Education Code; except that, with respect to the number of hours a minor may be allowed to work, "minor" shall include those minors under six (6) years of age. [Labor Code, Section 1286 c, & 8 CCR 11750] Regulations cover CA minors who work in CA or are taken out of state [8 CCR 11756] AND out-of-state minors who work in California [8 CCR 11753]

When minors who reside in the State of California and employed by an employer in the Entertainment Industry located in the State of California, are taken from the State of California to work on location in another state, as part of, and pursuant to, contractual arrangements made in the State of California for their employment in the Entertainment Industry, the child labor laws of California and the regulations based thereon shall be applicable, including, but not limited to, the requirement that a studio teacher must be provided for such minor [8 CCR 11756]

Responsibilities of Parents and Guardians

parent or guardian of minor under 16 years of age must be present with and accompany such minor on the set or location and must be within sight or sound at all times
  Exception: No one shall be allowed in an area utilized by the Producer as a school facility except the teacher and those minors being taught (SAG Agreement: Sec. 50, D10)
parent or guardian is to make company aware of school requirements of minor (i.e., if minor is in year-round school, needs special subject matter, etc.)
must be present with, and accompany, a minor under sixteen (16) years of age on the set or location and be within sight or sound of said minor at all times [8 CCR 11757
if any minor under sixteen (16) years of age is not called to the set but is called for a period of up to one (1) hour into wardrobe, make-up, hairdressing, promotional publicity, personal appearances, or for audio recording, when such minor's school is not in session...minor must be accompanied by a parent or guardian [8 CCR 11762]
parents and guardians are not permitted to bring other minors not engaged by Producer to the place of employment without Producer's specific permission (SAG Agreement)

Responsibilities of Employers

EMPLOYER shall be defined as any organization or individual using the services of any minor in a motion picture of any type (e.g., film, videotape, etc.), using any format (theatrical, film, commercial, documentary, television program, etc.) by any medium (e.g., theater, television, videocassettes, etc.); photography; recording; modeling; theatrical productions; publicity; rodeos; circuses; musical performances; and any other performances where minors perform to entertain the public. [8 CCR 11751]

The following responsibilities are incurred when hiring a minor:

employer must make application to DLSE for a Permit to Employ Minors and must have proof of workers' compensation insurance. Permit is free and does not have to be renewed unless workers' compensation has lapsed or permit has been revoked by DLSE [8 CCR 11751, 11752]
companies to be held responsible and accountable for observing all rules and regulations for all minors under eighteen (18) years of age, whether they be principals on a long-term basis or extras for a day [8 CCR 11751]
employers desiring the employment of minors may not do anything which would be hazardous or detrimental to the health, safety, morals, or education of the minor [8 CCR 11751 b & Calif. Penal Code, Sec. 311-314]
it is advisable for the employer or his representative to be aware if the minor is in or out of school, in traditional school or in year-round, so that production schedule allows for schooling
employer should provide adequate school facilities for minor and studio teacher
employer should inform Casting that children must bring Current, Valid, Original CA Entertainment Work Permit, school supplies and materials, and school assignments concurrent with their regular class for 3 hours of school on the set

NOTE: EMPLOYER MUST PROVIDE A STUDIO TEACHER FOR MINORS IN ACCORDANCE WITH 8 CCR 11755.1. (See "USE OF STUDIO TEACHERS")

STUDIO TEACHERS: DEFINITION & CERTIFICATION [8 CCR 11755]: a studio teacher is a certificated teacher who holds both a California Multiple Subject & Single Subject Teaching Credentials, valid and current, and a certified Studio Teacher License by the CA DLSE. Certification shall be for a three (3) year period, written exam will be required at the time of certification or renewal. Remuneration of studio teacher shall be paid by the employer [8 CCR 11755.3}

USE OF STUDIO TEACHERS [8 CCR 11755.1]  Employers shall provide a studio teacher:

on each call for minors from age fifteen (15) days to their sixteenth (16th) birthday, 1 teacher per 10 minors during regular school days (1:10), and 1 teacher per 20 minors or fraction thereof on Saturday, Sunday, holidays, or during school vacations when school is not in session.
on each call for minors from age sixteen (16) to age eighteen (18) when required for education of the minor

STUDIO TEACHER’S AUTHORITY [8 CCR 11755.2]  Studio teacher, in addition to teaching, has responsibility for caring and attending to the health, safety, and morals of minors under sixteen (16) years of age and shall take cognizance of such factors as working conditions, physical surroundings, signs of minor's mental and physical fatigue, and demands placed upon minor in relation to minor's age, agility, strength, and stamina, and may refuse to allow engagement of minor on set or location and may remove minor therefrom, if in judgment of studio teacher, conditions are such as to present a danger to the health, safety, or morals of the minor and any such action may be immediately appealed to the Labor Commissioner who may affirm or countermand such action.

No minor under the age of sixteen (16) may be sent to wardrobe, makeup, hairdressing, or employed in any manner whatsoever unless under the general supervision of the studio teacher. [8 CCR 11762] (See "ONE-HOUR SITUATIONS")

SCHOOL REQUIREMENTS: Employer must be informed by parents if the minor is in or out of school, in traditional school or in year-round, so that production schedule allows for schooling. Minors are required by law to bring school supplies and materials, and school assignments concurrent with their regular class for 3 hours of school on the set. Employer must provide a school facility, such as a schoolhouse, classroom, trailer schoolhouse or other schooling area, which closely approximates the basic requirements for classrooms, especially with respect to adequate lighting, heating, desks and chairs. Stationary buses or cars are not adequate school facilities unless used exclusively for the minors during instruction. A moving car or bus shall never be used as a school facility; minors must not be taught while being transported to or from local locations (SAG Agreement)

INTERVIEWS AND FITTINGS: interviews and fittings for children who are attending school shall be held after school hours. Such interviews and fittings shall be held not later than 9:00 p.m. (SAG Agreement). No minor under the age of sixteen (16) may be sent to wardrobe, makeup, hairdressing, or employed in any manner whatsoever unless under the general supervision of the studio teacher. (8CCR 11762)

MEAL PERIODS

hours at place of employment are exclusive of meal period [8 CCR 11761]
work day may not be extended by meal period longer than 1/2 hours [8 CCR 11761]
must be no longer than 6 hours from call or 6 hours from end of preceding meal period [IWC 12-80, 11 (a)]
if a studio teacher determines that a child is uncomfortable and hungry, studio teacher may require that an earlier meal period be given [Div. Mgt. Memo 87-1]
any amount of meal time exceeding 1/2 hour is considered rest & recreation time
if minors are required to eat on the premises, a suitable place for that purpose is to be provided [IWC 11-80 & 12-80, 11 (c)]

TURNAROUND TIME [8 CCR 117601]: twelve (12) hours must elapse between minor's time of dismissal and time of call on the following day. If minor's school starts less than twelve (12) hours after his dismissal time, minor must be schooled the following day at employer's place of business MAY NOT BE WAIVED AT DISCRETION OF STUDIO TEACHER [Div.Mgt. Memo 87-1]

EMPLOYERS TAKING MINORS FROM CA TO WORK ON LOCATION  [8CCR 11756]: Child labor laws of California and regulations shall be applicable including the requirement that a studio teacher must be provided in accordance with Section 11755 when minors, resident in California and employed by employer located in California, are taken from California to work on location in another state (pursuant to contractual arrangements made in California).

TRAVEL TIME:

Local Location: all travel time from studio to a location or from location to studio shall count as part of the working day of the minor [8 CCR 11759 a] if child attends his/her own school prior to reporting to place of employment, travel time between school and studio/location is not considered work time [Div. Mgt. Memo 87-1, IV C]
Distant Location: daily travel time between living quarters and work location, under 45 minutes with transportation provided, will not count as work time subject to reasonable changes by studio teacher (factors include working and transportation conditions, ages of minors) [8 CCR 11759 b]

PERMIT 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 charge 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]