History of Child Actor Laws
At a “roast” dinner for comedian W. C. Fields at the Masquer’s Club in Hollywood in 1939, the writer Leo Rosten said, “The only thing I can say about W. C. Fields is this, any man who hates dogs and babies can’t be all bad.” This joke, recounted in his book, The Power of Positive Nonsense, reflects an oft quoted quip from Fields to “never work with children or animals' presumably because they steal scenes. However, what is troublingly true about that time period is that the stealing off screen was happening to the child actors themselves.
Hollywood had many bankable child stars who lost fortunes in the 1930’s including Judy Garland, Shirley Temple and arguably its greatest child actor, Jackie Coogan. Coogan was discovered by silent film star Charlie Chaplin after a period of emotional and artistic turmoil for the comic genius. His wife had given birth to a boy with a structural birth defect who died. After a period of grief, his trauma gave way to a creative boom with an idea for his little tramp character becoming a surrogate father to an abandoned child. He found his perfect partner in 4-year-old Coogan. By chance, Chaplin had been watching a music hall performance featuring Coogan’s father who brought his precocious son onstage at the close of the show. Chaplin was charmed and a star was born.
The film, The Kid, was a huge success and Coogan became a world celebrity. He worked non-stop as a child actor and amassed a substantial fortune. However as a young adult he discovered that his mother and new step-father had mismanaged his earnings and he was left penniless. Under California law at the time, the earnings of the minor belonged solely to the parent.
As a result of the publicity of his situation, in 1939, a child labor law was put into effect, to protect future child entertainment performers. As it was inspired by his terrible situation, this legislation was called “The Coogan Law”.
Child Actor Laws
As a producer, knowing the labor standards that protect children in the industry is paramount when considering hiring a child actor for a production. The Coogan Law involves financial protections, but you also need to know the specific labor conditions put in place to protect a child’s well being and safety on set.
The first thing to do is define a child, which you might feel is self-evident. However when you think of a child actor, you may be thinking of someone very young, but generally in most states anyone under the age of eighteen is considered a child under the law and therefore subject to specific considerations. There are exceptions in child actor laws. For clarity, below is a handy table of child entertainment provisions by state provided by the US government.
Child Entertainment Provisions by State
State |
Regulates Child Entertainment? |
Work Permit Required? |
Law & Comments |
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. A waiver is available from the Studio Teacher requirement if it can be shown that the working conditions are safe for the minor child. |
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 |
Yes |
No |
C.R.S. 8-12-101 et. seq., regulates the employment of minors in Colorado. Colorado law provides for some exemptions from youth employment relating to, e.g., actors, models, and performers. |
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 the Department of Labor allows children under age 16 to be employed in the entertainment industry for a limited time. |
Florida |
Yes |
Yes |
450.132 - Employers or agents must make an 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 the employer. Sec 12-25-23 establishes limits on daily and night work 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 the 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. Special order-issued by Labor Commissioner, to exempt from restrictions any child employed as a performer. |
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 a permit issued by state DOL to participate in employment in the entertainment industry. |
Maine |
No |
Yes |
Title 26 Sec. 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. No restrictions at ages 16 & 17. |
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. The Attorney General's Office has the authority to issue temporary waivers of time restrictions for children working in entertainment, theater or film (M.G.L. c. 149, § 60 & M.G.L. c. 149, § 104.) |
Michigan |
Yes |
Yes |
Application for Performing Arts Authorization form must be approved by the Michigan Dept. of Labor and Economic Opportunity for ages 15 days to 17 years. |
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 an 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 a certificate you 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 the appearance of such minors 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 an 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 the Commissioner of Labor and Industry except for certain work done outside of school hours. |
To obtain a 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 under the age of 16 for theater or other public place where a performance, concert, commercial presentation or entertainment is to take place No such Permit is required for any nonprofit dance, or music recital or noncommercial television or radio broadcast. Non-profit schools of performing arts are not required to obtain Theatrical Permits for performances related to classes. |
Child labor provisions do not apply to children employed as actors or performers in motion pictures, theatrical, radio, or television productions. To obtain a permit: a Permission for Employment form must be completed by the youth's parent, guardian, or custodian and signed before a Notary Public and an Intent to Employ form must be completed by the employer. The youth must furnish a copy of an acceptable evidence of age document. The employer must retain and certify to the Labor and Employment Law Division the legal age for employment. |
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 a reputable place. |
Let’s break down the labor laws you’ll need to adhere to when working with a child actor.
As you can see from the chart above, they do vary per state somewhat, so it’s important to check the child entertainment provisions for the state you will be filming in for definitive rules and regulations.
Work Permit
Since Hollywood is the hub of the entertainment industry, we’ll use the Entertainment Permit to employ minors and the California minor actor work permit as an example. To be clear, the minor actor’s work permit is not the producer’s responsibility, it’s the parent or guardian’s, however you do need to confirm with the talent agencies representing the child actor that they do have a permit before hiring them for any production.
To obtain the Entertainment Permit to employ minors, here are the steps to register:
- Complete the permit application online or register by mail or in person.
- Proof of your worker’s compensation coverage - one of the following:
- A valid workers’ compensation insurance certificate, which must include the complete and correct name of the legal entity that is the insured employer, including fictitious business names and the complete and correct address for each location
- Certificate of authority to self-insure
The permit will only be issued when a complete application, including a valid worker’s compensation insurance certificate, is received. A renewal application should be submitted 30 to 60 days prior to the expiration of your permit. There are no fees associated with this permit.
For the minor actor’s work permit, this is the information they will provide and you should confirm:
- Name, address and age
- School Record of attendance, academics and health
- Statement and signature of parent or guardian (note that only one parent’s signature is required, but it’s a good idea to get both parents signature to avoid conflicts of interest)
- Sexual Harassment Prevention Training requirement completed
- Requirements for school age children (grades 1 - 12)
- Public/ Private school, on-line and virtual academy: When school is IN session, the application must be completed and dated during the current school session by an authorized school official. When school is NOT in session (i.e., school break, vacations, holidays), either the minor’s recent report card or letter from the school principal on school letterhead indicating that the minor is “satisfactory” in all academic subjects, health and attendance is required.
- Homeschool, on-line and virtual academy: If minor is homeschooled, the application must be completed by the parent/guardian and attached to either a current private school affidavit, or written verification indicating that the minor is “satisfactory” in all academic subjects, health and attendance from either the local school district, county office of education or state board of education where the minor lives.
- Public/ Private school, on-line and virtual academy: When school is IN session, the application must be completed and dated during the current school session by an authorized school official. When school is NOT in session (i.e., school break, vacations, holidays), either the minor’s recent report card or letter from the school principal on school letterhead indicating that the minor is “satisfactory” in all academic subjects, health and attendance is required.
- Requirements for non-school age children (15 days through kindergarten).
- Photocopy of one of the following:
- Certified Birth Certificate
- Baptismal Certificate
- Official letter from hospital where born
- Passport
- Certified Birth Certificate
- Photocopy of one of the following:
Child Labor Laws
There are federal regulations regarding child labor that often defers to state law. California for example, has a child labor law pamphlet that specifically addresses entertainment industry child law. It addresses the following requirements:
- Work hours while school is in session by age of performer.
- Work hours while school is not in session by age of performer.
- Concurrent requirements depending on age for parent / guardian present, studio teacher and nurse (if performer is 6 weeks to 6 months old).
- No minor may be employed over 8 hours in a day or over 48 hours in a week. No exceptions.
- Meal periods are not work time. Workdays extended up to one-half hour for a meal period. Meals must be within 6 hours of call time and/or previous meal period. Teachers may require an earlier meal period.
- Travel between studio and location is work time. Up to 45 minutes travel from on-location, overnight lodging to work site is not generally considered work time. Travel between school or home and studio is not work time.
- 12 hours must elapse between dismissal and next day's call time. No exceptions.
- Make-up in a minor's home by persons employed on the same project is work time, and may not begin before 8:30am. 12 hours must elapse between dismissal and the beginning of the next day's make-up / hairdressing.
Coogan Law
As mentioned earlier, California enacted financial protection of child actors' assets by requiring blocked trust accounts or Coogan accounts. At present, five states have trust account requirements: California, New York, Illinois, Louisiana and New Mexico.
What this means is that in these states, the parent will have to supply proof of a trust account prior to receiving a work permit. 15 percent of the minor’s gross wages are required to be withheld by the employer and deposited into the Coogan account within 15 days of employment. The parent must supply the Coogan account number to the employer.
Here are the regional details as provided by SAG-AFTRA:
- California: Parents in CA are required to open a “Coogan” Account and it must be opened with a CA bank. A Coogan Account is a special blocked trust fund account found at a bank, credit union or brokerage firm.
- New York: Parents in NY are required to open up an UTMA or UGMA compliant trust account. This account is similar to the “Coogan,” but does not differ regarding rules of withdrawal. The account may be opened with any bank, in any state, as long as it meets UTMA or UGMA requirements.
- Illinois: Parents of children working in IL are required to open a Blocked Trust Account with any bank, in any state. A trust account must provide, at a minimum, that at least 15% of the gross earnings of the child performer shall be deposited into the account. This does not apply to Background Performers. Please visit the Illinois General Assembly's website here for more information.
- Louisiana and New Mexico: Parents in LA are required to open a Blocked Trust Account with any bank, in any state. Parents in New Mexico are required to open a blocked trust account only if their child earns more than $1000 per each employment contract.
Checklist for Hiring a Child Actor
We just hit you with a ton of information and it might be overwhelming to absorb! Bottom line is federal regulations often defer to state law, so the first thing you should do is go to the state website in which you are filming. Kids casting has a wonderful list of relevant websites per state with local child labor laws and permits needed.
Here are suggestions from child advocates Bizparentz foundation of what to address in pre-production when it comes to hiring child actors:
- Determine which state laws you are working under. It may be more than one. For example if you are casting out of California, but you are filming in New Mexico.
- Determine the appropriate union. Child actors must join unions too and if your production is signatory to SAG-AFTRA, you must follow the rest of SAG-AFTRA’s rates and regulations when it comes to employment.
- Determine how old the child you need really is, not how old the character is. Both laws and union regulations vary by age. Many producers find that they can save significant time and money by hiring children that are slightly older, buying them another hour or two of shooting time each day, or avoiding the required three hours of school time by using an actor who qualifies as 18 To Play Younger or “18TPY”.
- Plan to get the appropriate permits. In some states, the child work permit and the employer permit are BOTH obtained from the Department of Labor by the employer. These things take time. Do not wait until the day before the child arrives on set to handle it.
- Do not cast based on social media and do not expect children to promote your film on their social media accounts. Kids are not even legally allowed to be on social media until age 13 (COPPA LAWS).
- Decide who else you need to hire. In California, you may need a uniquely state-licensed studio teacher / welfare worker, but in New York it could only be a wrangler (different qualifications). In some states, a parent is acceptable, but you will need to budget for per diem and travel for them.
- Plan to keep kids safe, no matter how inconvenient. For example, a parent should ALWAYS be within sight and sound of their child. Yes, it is an additional warm body on set, but if space is a problem you will need to find a tech answer, such as a live stream nearby. Another non-negotiable? Work hours. Do not exceed work hours for children. These things will protect your insurance and your liability.
- Be aware that the child’s money is protected and check with your payroll company. In most states, and in union projects, a trust account is required for child actors. Notify your AD and your payroll company that there is a child working on set and that there will be a trust account deposit. Your payroll company likely has procedures specific to Coogan.
- Double check the Industry-Wide Labor-Management Safety Bulletins - several are specific to child actors. These are agreed upon safety industry norms in the motion picture industry for physical safety. If you have an on-set accident, or were to get sued later, there is no doubt these bulletins would be brought into evidence. They cover things like working with animals, stunts, vehicles, weapons, excessive heat and cold and more.
Hiring the Child Actor Wrap Up
Working with child actors comes down to two things really; safety and security. Do your due diligence in pre-production, get all the permits needed and adhere to all that the law requires related to work hours, guardianship, safety and financial stewardship and your production should run as smoothly as child’s play.