All states restrict the amount and kind of work that can be done by persons under the age of 18. But those restrictions vary drastically from state to state.
As the center of the world’s entertainment industry, California has a complex regime of labor rules designed specifically to protect the interests of minors who work in film, television, and other entertainment arts.
These rules carefully restrict and regulate minor performers’ working conditions, work hours, work permits, meal breaks, turnaround times, access to studio teachers and other issues affecting minor performers’ health, well being and development.
A California employer who hires a minor performer but fails to strictly adhere to these rules risks exposure to hefty fines and possibly even criminal liability.
But what happens when a California-based company has a production that is filmed “on location” in another state or country? Producers of these out-of-state productions often automatically assume that they can disregard California Law and simply adhere to the local child labor laws of the state in which the shoot is taking place. These local laws are almost always less restrictive on the producer than their California counterparts; meaning that following the local rules instead of California’s is likely to result in working conditions that would be illegal in California.
Unfortunately for producers, the question of which state’s child labor regime to apply is more complicated than simply asking where the shoot is taking place. The local rules will certainly apply to a minor who resides in the host state. But California’s rules will usually apply to a minor performer who was brought from California to the out-of-state shooting location. California Code of Regulations 117656 explains:
“When minors resident 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…” [8 CCR 11756]
Thus, a producer must follow California’s Child Labor Laws as to a minor performer on an out-of-state shoot if each of the following is true:
1) The minor resides in California
2) The producer is based in California
3) The “contractual arrangement” between the producer and the minor was made in California
4) The minor went to the out-of-state location to do the work they agreed to do in the contract with the producer.
If all four of the above elements are present, a producer who disregards California’s Child Labor rules in favor of less restrictive local rules is violating California law and exposing himself to significant liability.
On the other hand, a savvy producer who wishes to avail herself of the local rules instead of California’s can do so by strategically eliminating one of the above elements. For example, the producer could fly the lawyers out to the host state to work out the terms of the minor’s contract; thereby negating the third element which requires that the “contractual arrangement” be made in California in order for California’s labor laws to apply.
If you’re an employer in the entertainment industry, be sure to consult an experienced attorney to ensure that you are in full compliance with California’s child labor rules. If you have questions about these rules or other issues pertaining to minor performers, contact us today.
