Working with Minors
Max Onboarding and Employment Verification
When onboarding a minor as an employee, the minor’s parent or guardian must prepare and sign OOTB’s digital onboarding forms on behalf of the minor. OOTB Payroll Coordinators work directly with the minor’s parent or guardian to collect the proper documentation and assist them with the onboarding process.
OOTB must receive the following documentation to complete the onboarding of a minor:
Current and valid employment eligibility verification documents
Valid work permit
Proof of Coogan Trust bank account (if applicable)
Work Permit
Any minor between the ages of 15 days old and 18 years old requires a valid work permit. A work permit is only issued to minors who have an employer who accepts responsibility of the minor as their employee and has a valid Permit to Employ Minors. In these situations, a minor should be classified as an employee and not an independent contractor.
Laws pertaining to work permits vary widely from state to state. Most states require a general work permit before a minor may engage in any type of employment.
IF A VALID WORK PERMIT IS NOT PROVIDED, THE MINOR CANNOT WORK AND MUST BE SENT HOME.
In California, there are two options for work permits:
For first-time registrants, there is a one-time temporary 10-day work permit that the parent or guardian can get online with a same-day turnaround time. This permit costs $50.
Renewal applications and applications for minors who are 16-17 years old are not eligible for this option.
For long-term registrants, work permits can be renewed every 6 months free of charge until a minor reaches 18 years of age. Once the parent or guardian submits the online application for this permit, it can take 7-10 days (or longer) to receive it.
For more information and instructions on how to apply for an entertainment work permit for minors, please visit the relevant page on the California Department of Industrial Relations website. Please reach out to an OOTB Account Manager to get more information on work permits in other states.
Coogan Trust Account
A Coogan account is a type of protected savings account that is set up for child performers by their legal parents or guardians. Its main purpose is to protect a portion of the child's earnings until they become adults.
The parent or guardian of the minor must supply proof of a Coogan account in their minor’s name to receive payment for any work that their minor performs in the entertainment industry. 15% of the minor’s gross wages must be withheld by the employer and deposited into the Coogan account within 15 days of employment to be held in trust until the minor is 18. The parent must supply the routing and account numbers for the Coogan account to the employer. These wages are taxed.
The entertainment industry 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.), by any medium (theater, television, videocassette, 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]
VERY IMPORTANT:
The following states require Coogan Accounts for child performers: California, Illinois, Kansas, Louisiana, Nevada, New Mexico, North Carolina, Pennsylvania, Tennessee, and New York.
Coogan laws can vary from state to state.
In California, parents must open a Coogan account with a bank located within the state. Other states may offer flexibility to allow accounts to be set up outside their boundaries, whether with a bank, credit union, or brokerage firm.
Not all banks will provide Coogan accounts, so the parent or guardian should call their bank in advance to inquire if they do not already have one in place. Wells Fargo and Bank of the West, as well as a handful of credit unions, will open this type of blocked account. They require an appointment and specific documentation, so OOTB highly recommends that the parent or guardian call the bank in advance to book an appointment and plan accordingly.
The parent or guardian has seven business days from the first date of work to open the account. These accounts can be closed or frozen due to inactivity, so the parent or guardian should make sure to check with their bank to avoid rejected payments if their minor does not work regularly.
Other On-Set Requirements: Guardians and Studio Teachers
The parent or guardian of minor talent must be present for any minor under 16 years of age.
One Studio Teacher must be present for every 10 minors under 16 years of age.
Studio Teachers may require early meal periods for minor talent if they determine that a child is uncomfortable or hungry.
Hours of Work
California child labor laws set the amount of time minors are permitted to work and remain at the place of employment within a 24-hour period based on age. The following table summarizes these age-based laws. For more detailed information, refer to the paragraphs below.
Children who are at least 15 days old, but are not yet 6 months old, may remain at the place of employment for a maximum of 2 hours. In addition, they:
May only work for up to 20 minutes in a day.
May not be exposed to light of intensities greater than 100 foot-candles for more than 30 seconds at a time.
A nurse and a studio teacher must be provided for each 3 or fewer babies who are between 15 days old and 6 weeks old, and for each 10 or fewer infants who are 6 weeks old to 6 months old.
Youth who are at least 6 months old, but are not yet 2 years old, may remain at the place of employment for a maximum of 4 hours per day and may work for no more than 2 hours, with the remaining amount of time spent either in rest or recreation.
Youth who are at least 2 years old, but are not yet 6 years old, may remain at the place of employment for a maximum of 6 hours and may work no more than 3 hours, with the remaining amount of time being spent in rest, recreation, and/or education.
Youth who are at least 6 years old, but are not yet 9 years old, may remain at the place of employment for a maximum of 8 hours per day. In addition:
When school is in session, they may work no more than 4 hours, with at least 3 hours of the remaining time being spent in schooling and at least 1 hour spent in rest and recreation.
When school is not in session, they may work no more than 6 hours, with 1 hour of rest and recreation.
Youth who are at least 9 years old, but are not yet 16 years old, may remain at the place of employment for a maximum of 9 hours per day. In addition:
When school is in session, they may work no more than 5 hours, with at least 3 hours of the remaining time being spent in schooling and at least 1 hour spent in rest and recreation.
When school is not in session, they may work no more than 7 hours, with 1 hour of rest and recreation.
Youth who are at least 16 years old, but are not yet 18 years old, may remain at the place of employment for a maximum of 10 hours per day. In addition:
When school is in session, they may work no more than 6 hours, with at least 3 hours of the remaining time being spent in schooling and at least 1 hour in rest and recreation.
When school is not in session, they may work no more than 8 hours, with 1 hour spent in rest and recreation.
When permission has been obtained for the youth to work during school hours for a period not to exceed 2 consecutive days, they may work for no more than 8 hours.
State laws regarding work hours for minors differ from state to state. If you need assistance understanding or complying with these regulations for employees in other states, please reach out to your account manager.
Excused School Absences
A school may excuse the absences of a pupil who holds an entertainment work permit. California state law limits the number of excused absences to five absences per school year, each of which may consist of up to five days.
A child excused from school attendance because of employment in the entertainment industry must be instructed during the absence by a Studio Teacher certified by the Labor Commissioner in accordance with the California Code of Regulations. All work, grades, and credit that the pupil completes with the Studio Teacher must be accepted by the school district or county superintendent of schools.
