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Wage and Hour Division (WHD)

Child Entertainment Laws As of January 1, 2011

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Table of Child Entertainment Provisions

STATE

REGULATES CHILD ENTERTAINMENT

WORK PERMIT

LAW/COMMENT

Alabama

Yes

No

25-8-60-For child actors and performers, no employment or age certificate required for persons under age 18.

Alaska

Yes

Yes

Extensive requirements for theatrical employment. 8 AAC 05.300 requires any child under 18 employed in the entertainment industry to have a work permit. Regulations also establish hours of work, working conditions, and prohibited practices.

Arizona

No

No

Sec. 23-235-Minors employed as stars or performers in motion picture, theatrical, radio or television productions are exempt from the law governing persons under the age of 16 if before the beginning of production, the production company provides the Department of Labor with the name and address of the person, the length, location and hours of employment and any other information required by the Department.

Arkansas

Yes

Yes

11-12-104-A child under 16 employed in the entertainment industry must have a permit and the written consent of a parent or guardian for issuance of the permit; written statement from principal as to academic standing of child;

California

Yes

Yes

Extensive requirements for theatrical employment: The Labor Commissioner issues permits to minors to work in the entertainment industry with required documentation from appropriate school districts as applicable and/or permits permitting employment of minors in the entertainment industry.

Sec. 6-1308.7-Work permit to work not more than 5 consecutive days in the entertainment or allied industries; excused from school for up to 5 absences per school year; school districts are to allow pupils to complete all assignments and tests missed during absence.

Sec. 6750 Family Code - Courts may require a portion of earnings be set aside for the minor in a trust.

Colorado

No

No

Sec. 8-12-104-Any minor employed as an actor, model or performer is exempt from the law

Connecticut

Yes

No

Sec. 31-23-Minors under the age of 16 are permitted to work in the theatrical industry with the authorization of the labor commissioner. Must have a certificate of age.

Delaware

Yes

Yes

Sec. 508-Special permit issued by Department of Labor allows child under age 16 to be employed in the entertainment industry for a limited time.

Florida

Yes

Yes

450.132-Employers or agents must make application to the Division and notify the Division showing the date, number of days, location, and date of termination of the work performed by minors in the entertainment industry.

Georgia

Yes

Yes

39-2-18-for minors employed in the entertainment industry a permit is required. The Commissioner of Labor must give written consent.

Hawaii

Yes

Yes

Sec. 12-25-22-Minors under the age of 14 may be permitted to work in theatrical employment with written consent filed with the director by guardian or parent; certificate is kept on file by employer. Sec 12-25-23 establishes limits on daily and nightwork hours.

Idaho

Yes

No

Sec. 44-1305 - prohibits children under the age of 16 from certain entertainment activities.

Illinois

Yes

Yes

Sec. 205/8, 8.1-Minors under the age of 16 appearing in theatrical productions must have a certificate authorized by the superintendent of schools; minors employed in entertainment industry may be employed subject to conditions imposed by DOL.

Indiana

Yes

No

Sec.. 20-8.1-4-21.5-No certificate required but there are other conditions: must not be detrimental to welfare of child; provisions must be made for education for children under age 16; minor under age 16 must be accompanied by parent or guardian at rehearsal, appearances, and performances; employment cannot be in cabaret, dance hall, night club, etc.

Iowa

Yes

No

Sec. 92.17 - Children under age 16 may be employed as models, outside of school hours, for up to 3 hours a day between 7 a.m. and 10 p.m., not exceeding 12 hours in a month, with parental permission.

Kansas

No

No

Sec. 38-614 and 616 - Children employed in the entertainment industry are exempt from child labor requirements, except that infants under one month must have written certification from a licensed physician stating that they are at least 15 days old and that they are physically capable of handling the work. Sec. 38-622 - Rules and regulations may be adopted setting standards for minor children on motion picture sets. Sec.21-3604 - Courts may require a portion of earnings be set aside for the minor in a trust.

Kentucky

No

No

Sec. 339.210 - Children employed in the entertainment industry are exempt from child labor requirements.

Louisiana

Yes

Yes

Sec. 253-Minors under the age of 16 must have permit issued by state DOL to participate in employment in the entertainment industry.

Maine

No

Yes

Sec. 26-773 to 775 - Minors under age 16 working as theatrical or film actors are exempt from the child labor law except that they must have work permits and approval by local superintendent of schools.

Maryland

Yes

Yes

Sec.3-207 (a) - Special permit must be issued by the labor commissioner. The permit must be signed and notarized by parent or guardian and employer.

Massachusetts

Yes

Yes

Chap. 149, Sec. 60 - Minors under the age of 16 may take part on the stage in a theater where not more than 2 performances are given in one day and not more than 8 performances are given in any one week with written permission from the attorney general.

Michigan

Yes

Yes

Work permit from local school district for minors 14-17 or Permforming Arts authorization from state Wage and Hour Division for ages 15 days to 17 years. There are restrictions.

Minnesota

Yes

Yes

181A.07. Exemptions-Minors are subject to the child labor law except for the minimum age provisions. The labor Commissioner may issue waivers from the hours limitations.

Mississippi

No

No

 

Missouri

Yes

Yes-for under 16

Sec. 294.022 and 294.030 - Need: proof of age, written parental consent and written statement of employer stating nature and duration of job. Waivers of time and hour restrictions may be issued by the director of the division of labor standards.

Montana

No

No

41-2-104. All minors, regardless of age may be employed as an actor, model or performer

Nebraska

Yes

Yes-special permit for a child

Special permit-issued by Dept. of Labor, to exempt from restrictions any child employed as a performer. Need: written parental consent.

Nevada

No

No

Ch. 392. Casinos or resort hotels employing minors in the entertainment industry for more than 91 school days must, upon request, pay for tutoring or other equivalent educational services. Ch. 609 - Courts may require a portion of earnings be set aside for the minor in a trust.

New Hampshire

No

No

 

New Jersey

Yes

Yes-for under 16

Sec. 34:2-21.59 - Need: parental consent, good health, workplace approved by DOL, minor under direct care of adult named in application, not attending public school, receiving approved instruction, and not during summer vacation. Number of performances and hours permitted are specified.

New Mexico

Yes

Yes

A work permit is required at all times when employing children under the age of sixteen issued only by the school superintendents, school principals, other appropriate school officers or the director of the labor and industrial division. The work must also be certified as not dangerous to the child or prohibited as outlined in the FLSA hazardous list. The maximum number of hours allowed for children under the age of sixteen to work is 18 hours a week during the school week and 40 hours a week in non-school weeks.

With respect to employing and protecting child performers in the entertainment industry, including motion pictures, theatrical, radio, and television productions, employers are required to follow educational and safety requirements and they are responsible for obtaining a Pre-Authorization Certificate for any child performing under the age of 18 before the employment begins. The certificate is valid for one year or until the specific project is completed, whichever time period is shorter. The employer must provide a certified teacher for each group of 10 or fewer children and must provide a New Mexico certified trainer or technician at the place of employment at all times when a child performer may be exposed to potentially hazardous conditions.

The statutes governing child entertainment within New Mexico can be found at the New Mexico Department of Workforce Solutions Child Labor Section - 11.1.4.10 11.1.4.14.

New York

Yes

Yes-models under 18 need permit from educational authorities/ Performer 16-17 needs employment certificate/ performers under 16 need permit from mayor or chief executive

To obtain certificates and permits need: written parental consent (exceptions for emancipated children), proof of age, and a certificate of physical fitness; separate procedures are in effect for New York City and for the remainder of the State. Sec. 7-7.1 Estates, Powers and Trusts Law - Courts may require a portion of earnings be set aside for the minor in a trust.

North Carolina

Yes

Yes-for under 18 need Youth Employment Certificate from county social services

To obtain certificate need: proof of age.
Sec. 48A-13 - Courts may require a portion of earnings be set aside for the minor in a trust.

North Dakota

Yes

Yes-for under 16 need parental permit and commissioner of labor permit

Permits issued if appearance of such minor will not be detrimental to the minor’s morals, health, safety, welfare, or education.

Ohio

No

No-performers need parental consent

Performers must be without remuneration and performance must be given by a church, school, academy; or at a concert or entertainment given solely for charitable purposes or religious institution.

Oklahoma

No

No

Minors who entertain are exempt from all laws because they are considered independent employees with agents.

Oregon

Yes

Yes-employer must register with the Bureau of Labor for jobs of short duration (5 or fewer days)-Babies under 15 days can’t work; longer duration- minors 14-17 need work permits/ under 14 need special permit from Bureau of Labor and Industries

To obtain work permits need: parental and minor’s signature and social security number and proof of age.

Pennsylvania

Yes

Yes-Minors 7 to under 18 need special permits from Dept. of Labor and Industry, and can’t work where there is alcohol.

To obtain special permits need: application signed by parent and employer, and with the seal of notary. Includes provisions for educational instruction, supervision, health, welfare, and the safeguarding and conservation for the minor of the monies derived from such performances

Rhode Island

No

No

With one exception, the state doesn’t regulate such employment because entertainers are not employees on a payroll, but are rather independent employees with agents. Therefore regulation is left up to the localities. The state does not permit minors under the age of 18 to work in commercial adult entertainment establishments.

South Carolina

No

No

71-3105-d-The provisions of this Article do not apply with respect to any employee engaged as an actor or performer in motion pictures; radio or television productions, or theatrical productions.

South Dakota

No

No

60-12-1-The provisions of this section do not apply to children employed as actors or performers in motion pictures, theatrical, radio, or television productions.

Tennessee

No

No

50-5-107-The provisions of this chapter shall not apply to any minor who is a musician or entertainer; Minors under 16 may model.
Sec. 50-5-201 - Courts may require a portion of earnings be set aside for the minor in a trust.

Texas

Yes

No

Minors under 14 need to submit application for authorization signed by agency and parent, proof of age and a photograph. 13-5(H)-902 & 904. Contracts limited to no more than 7 years. Courts may require a portion of earnings be set aside for the minor in a trust.

Utah

No

No

 

Vermont

Yes

Yes-Minors under 16 need a certificate from Commissioner of Labor and Industry except for certain work done outside of school hours.

To obtain certificate need: written parental consent, Commissioner of Labor and Industry consent, proof of age and school record. Children employed as actors or performers in motion pictures, theatrical productions, radio, or television, or employed as a baseball bat girl or bat boy may be employed until midnight or after midnight if a parent or guardian and the commissioner of labor have consented in writing.

Virginia

Yes

Yes-work permits for Minors 16 and older for cabaret, clubs, dance studio/ for under 16 for theatrical performance. Musicians need permit also.

Child labor provisions do not apply to children employed as actors or performers in motion pictures, theatrical, radio, or television productions. To obtain permit one needs: A completed employer intention to employ form, a permission to employ form signed by parent and school, and proof of age.

Washington

Yes

Yes-work permit for all minors issued by Dept. of Labor.

Work permits required for all minors employed as actors or performers in film, video, audio, or theatrical productions.

West Virginia

No

No

Minors of any age may be legally employed without a permit or certificate in acting or performing in motion pictures, theatrical, radio or television productions.

Wisconsin

No

No- employment can’t be in a roadhouse, cabaret, dance hall, night club, tavern or other similar place.

No work permits needed between 12 and 18 for public entertainment. Nothing contained in ss. 103. 64 to 103. 82 shall be construed as forbidding any minor under 18 to appear for the purpose of singing, playing or performing in any studio, circus, theatrical or musical exhibition, concert or festival, in radio and television broadcasts, or as a live or photographic model.

Wyoming

Yes

No

Minors of any age may perform in radio, TV, movie or theatrical productions. Under 16 can be actors or performers in any concert hall or room where there is no alcohol or malt present. Also under 16 must entertain for charity and in reputable place.

Prepared By:

Division of Communications
Wage and Hour Division
U.S. Department of Labor

This document was last revised in April 2011.