Working with Minors: Part 1
We started writing a post about what is needed to legally employ minors on set and it quickly became clear that there are A LOT of questions in this area, and justifiably so. Working with minors can be delightful, but it has to be done properly, not just because there are a great many laws that say so, but because these laws are designed to ensure that children in the workforce are safe and protected. There are a lot of rules and many of them have age-specific mandates. In order to cover this topic clearly and thoroughly, we’re splitting it into two separate parts. In this first installment, we’ll address big picture issues. We’ll answer the following questions:
How long can a minor work per day?
What are the wage rules for working with minors?
What is required to onboard minors?
Who and what do I need on set to legally employ a minor?
What are the penalties for not adhering to child labor laws when employing minors?
Because OOTB is based in California, we focus mainly on California Labor Laws. Your state might have different state and local laws regarding child labor. We are also answering these questions for children employed in the entertainment industry, which has different guidelines than the ones that pertain to children employed in other areas. If you want to learn more, we recommend checking out the Department of Industrial Relations Child Labor Law Pamphlet.
In our next installment, we’ll address more specific questions related to studio teachers, Coogan accounts, on-set nurses, and more, so please stay tuned!
First, just a few quick clarifications and housekeeping.
Ask OOTB is an ongoing series in which we share some of the most commonly asked questions that we receive, along with relevant information that can help you better understand all things payroll. If you have a question that you would like us to tackle, please submit it to us via our Ask OOTB online form.
And an important note: The information provided in this article does not, and is not intended to, constitute legal, tax, or financial advice. All information, content, and materials available in this article are for general informational purposes only. Information in this article may not constitute the most up-to-date legal or other information. We highly recommend that you seek the advice of an attorney or tax professional rather than relying solely on the information provided herein.
How long can a minor work per day?
According to the Department of Industrial Relations Minors Summary Chart, this depends on the age of the minor working for you and whether or not school is in session at the time of your shoot. Generally speaking, according to this document, “no minor may be employed over 8 hours in a day or over 48 hours in a week. No exceptions.” In the state of California, this includes workers between the ages of 16 and 18. There are many age groups that are permitted to work fewer hours, but not more. The DIR document contains a chart that clearly lays out the specific working hours that are permissible for each age group. We’ve compiled the relevant information into a similar chart here:
|
AGE |
WORK TIME (school in session) |
WORK TIME (school not in session) |
PERMISSIBLE WORK HOURS |
|
15 days to 5 months |
20 min work activity 2 hours max at employment site |
May only be employed between 9:30 a.m. and 11:30 a.m. or between 2:30 p.m. and 4:30 p.m. |
|
|
6 months to 1 year |
2 hours work activity 4 hours max at employment site Balance for rest and recreation |
May only be employed between 5 a.m. and 12:30 a.m. |
|
|
2 to 5 years |
3 hours work activity 6 hours max at employment site Balance for rest and recreation |
May only be employed between 5 a.m. and 12:30 a.m. Minors in grades one through six must be tutored between the hours of 7 a.m. and 4 p.m. |
|
|
6 to 8 years |
4 hours work activity 3 hours school 1 hour rest and recreation 8 hours max at employment site |
6 hours work activity 1 hour rest and recreation |
May only be employed between 5 a.m. and 12:30 a.m. (to 10 p.m. preceding school days > 4 hours) Minors in grades one through six must be tutored between the hours of 7 a.m. and 4 p.m. |
|
9 to 15 years |
5 hours work activity 3 hours school 1 hour rest and recreation 9 hours max at employment site |
7 hours work activity 1 hour rest and recreation |
May only be employed between 5 a.m. and 12:30 a.m. (to 10 p.m. preceding school days > 4 hours) Minors in grades one through six must be tutored between the hours of 7 a.m. and 4 p.m. Minors in grades seven through twelve must be tutored between the hours of 7 a.m. and 7 p.m. |
|
16 to 18 years |
6 hours work activity 3 hours school 1 hour rest and recreation 10 hours max at employment site |
8 hours work activity 1 hour rest and recreation |
May only be employed between 5 a.m. and 12:30 a.m. (to 10 p.m. preceding school days > 4 hours). Minors in grades seven through twelve must be tutored between the hours of 7 a.m. and 7 p.m. High school graduates may be employed as adults. |
What are the wage rules for working with minors?
Depending on where you are shooting, and the nature of your shoot, the answer to this question varies. According to the DIR’s Child Labor Law Pamphlet, “Minors employed in the entertainment industry who are not professional actors must be paid at least the minimum wage and overtime after eight hours in a work day and forty hours in a work week.”
There are federal, state, and local standards for minimum wage. Whichever standard is most beneficial to the employee is the one you must adhere to. Federal youth minimum wage is $4.25 per hour for the first 90 days of employment, according to the U.S. Department of Labor’s Fact Sheet #32: Youth Minimum Wage - Fair Labor Standards Act. According to the California Department of Industrial Relations page, Minimum Wage, California minimum wage, as of January 1st, 2021, is $13.00 per hour for employers with 25 employees or less, and $14.00 per hour for employers with more than 25 employees. The city you’re shooting in may also have a minimum wage standard that you must meet. San Francisco’s minimum wage is $16.32/hour as of July 1, 2021, according to San Francisco’s Office of Labor Standards Enforcement’s Historical San Francisco Minimum Wage Rates. So, if your shoot is in San Francisco, you need to pay your child model at least $16.32 per hour.
What is required to onboard minors?
To legally onboard a minor, you’ll need the following things:
Employment verification documents, including an I-9 filled out by the minor’s parent or legal guardian.
Work permit for the minor employee, issued by the Department of Industrial Relations.
A Coogan Trust Account in the minor’s name.
If you have questions about any of these things, please stay tuned as we’ll be exploring all of these topics in greater detail in our next post.
Who and what do I need on set to legally employ a minor?
This again depends on the age of your employee and whether or not school is in session. In almost all cases, you are required to have a parent or guardian and one or more studio teachers. According to the DIR’s Summary Chart, mentioned above, the requirements are as follows:
For infants 15 days to just under 6 months old:
Parent or guardian must be present.
1 studio teacher and 1 nurse must be present for each 3 or fewer infants 15 days to just under 6 weeks old.
1 studio teacher and 1 nurse must be present for each 10 or fewer infants 6 weeks to just under 6 months old.
May not be exposed to light exceeding 100 footcandles for more than 30 seconds.
For children 6 months old to just under 18 years:
Parent or guardian must be present.
1 studio teacher required per 10 minors.
1 studio teacher per 20 minors on weekends, holidays, and school breaks and vacations.
**If the minor is a high school graduate, they may be employed as an adult and a studio teacher is not required for the minor’s schooling.
What are the penalties for not adhering to child labor laws when employing minors?
The DIR’s Summary Chart states that failing to follow entertainment industry child labor laws is considered a Class B violation of Labor Code 1308.5. It has civil and criminal penalties.
Class B violations carry civil penalties of not less than five hundred dollars ($500) and up to one thousand dollars ($1,000) per minor employed for each and every violation.
In terms of criminal penalties, it states:
“Criminal violations of child labor laws are misdemeanors punishable by fines ranging up to $10,000 or by confinement in the county jail for periods up to 6 months, or both fine and imprisonment… In essence, almost all the child labor laws, as well as the compulsory education laws have some misdemeanor penalty attached to them.”
This same document further states that it’s not just the employer who might suffer the consequences of a lack of lawful diligence. It states:
“... parents or guardians (in addition to employers, agents, managers, etc.) who permit the minor to be employed unlawfully in the entertainment industry (which includes any violation of state regulations governing minors in the entertainment industry) are liable for any civil and criminal penalties that arise from the violation.”
We hope we’ve answered some of your bigger questions about working with minors. To summarize, minors have age-specific requirements for the number of hours they can be on set and the number of hours they can work. Minors must be paid adult minimum wages in California, and your work location city might have specific requirements for minimum paid wages. You need employment verification documents, a work permit for the minor employee, and proof of a Coogan Trust Account set up in order to onboard a minor. If the minor is school-aged, you will need at least one studio teacher, as well as the child’s parent to be present on set. For children under six months, you also need a nurse present. Penalties for failing to follow child labor laws range from a $500 fine per child to imprisonment, and all people, including the employer and the child’s parents or guardians, who permit the child to be unlawfully employed are liable.
Sources:
Department of Industrial Relations. (2013). Child labor law pamphlet. https://www.dir.ca.gov/dlse/ChildLaborLawPamphlet.pdf#page=39
Department of Industrial Relations. (2020, December). Minors summary chart. https://www.dir.ca.gov/dlse/MinorsSummaryCharts.pdf
United States Department of Labor. (2008, July). Fact sheet #32: youth minimum wage - fair labor standards act. https://www.dol.gov/agencies/whd/fact-sheets/32-minimum-wage-youth
Department of Industrial Relations. (2020, December). Minimum wage. https://www.dir.ca.gov/dlse/faq_minimumwage.htm
San Francisco’s Office of Labor Standards Enforcement. (2021, July 1). Historical San Francisco minimum wage rates. https://sfgov.org/olse/historical-wage-rates-definition-government-supported-employee
Out of the Box Solutions. Working with minors. https://ootbsolutions.com/working-with-minors