Labor Laws for Child Actors

by Ben David

Child actors -- including all minors under the age of 18 -- are in a unique field that provides many opportunities, which can be financially rewarding. While they are working in this field, they must have safe working conditions and still receive an education. Labor laws have been enacted to ensure these child actors are not exploited. According to the BizParentz Foundation, since 1938, child actors have been exempt from federal labor laws. This means it's up to each state to implement labor laws that protect the welfare of children in the performance industry.

Permits

Before child actors are allowed to accept a professional role, they must have valid work permits and a Social Security number. Each state has its own work permit requirements. California has its own Entertainment Work Permit Department, which is part of the Division of Labor Standards Enforcement. The work permits are typically granted for six-month time periods.

Coogan Law

The Coogan Law was enacted to protect the earnings of child actors. The Coogan Law was named after child actor Jackie Coogan, who had a successful career in the 1920s. The law at that time viewed Coogan's earnings as belonging to his parents. When he became an adult, he found he had no access to any of his earnings. The Coogan Law was put in place to protect and prevent child actors from facing the same situation. The law, revised in 2000, states that all of a child actor's earnings belong to the child. Any parent or guardian is legally responsible to protect the child actor's earnings until he becomes an adult. A trust fund also must be established to hold 15 percent of the child's earnings.

Education

State compulsory education laws mandate that a child actor's education should not be interrupted. However, each state has its own education requirements for the education that child actors must receive. Child actors have the option of enrolling in a public or private school. But these children may be removed from school to be on set for the remainder of the day. During the time on set, parents often hire private tutors to continue the child's education. The tutors work with the child's schedule so he does not fall behind in his school work. Another option is homeschooling. The homeschooling curriculum is designed by parents specifically to meet the child actor's needs. Homeschooling is flexible so the child can bring his school work with him wherever he works.

Working Hours

Each state designates its own labor laws for how many hours a child actor can work. In New Jersey, child actors can be on the set eight hours per day; however, they only can work five of those hours; the remaining hours must be spent resting, having meals and getting their education. If the child attends regular school during the day, he only can work three hours after the school day ends.

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Labor Laws for 18-Year-Olds Still in High School

The Fair Labor Standards Act monitors and enforces child labor laws in the U.S., and sets strict standards on the types of employment children can pursue and on the number of hours they can work at a job. The FLSA is designed to protect children from jobs that could adversely affect their health and safety. However, the FLSA is only applicable to minors, which means 18-year-olds that are still in high school are treated as adults under the FLSA.

Federal Child Labor Laws

When a person turns 18, many of the federal youth work laws no longer apply. This means that at the federal level, 18-year-old students still attending high school have no limits to the number of hours they can work. There are also no restrictions on the type of work that 18-year-old students can perform unless it violates state law. However, in any instance in which federal labor law and state labor law are in conflict, the law that provides 18-year-olds the most protection will apply.

Under the FLSA, 14- and 15-year old students are only permitted to work during non-school hours for only three hours per day up to 18 hours in a school week. On a non-school day, they can work a total of eight hours and a total of 40 hours on a non-school week. In states that have established more restrictive rules than the federal standard, the state standard would apply.

Federal Minimum Wage Law for 18-Year-Olds

Federal law requires employers to pay the minimum wage of $7.25 per hour to any 18-year-old that meets the eligibility requirements. However, employers are permitted to pay a wage as low as $4.25 for the first 90 days of consecutive work, if an employee is 20 or younger. If workers under the age of 20 find a new job, their new employer can pay them the lower $4.25 wage for the first three months of their new employment. In states that have established a higher minimum wage than the federal standard, the state standard would apply.

State Child Labor Laws

Most states have established child labor laws that restrict the number of hours per day and the number of hours per week that students between the ages of 14 and 17 are permitted to work. Once students turn 18, there are very few restrictions regarding the number of hours per day and per week that they are allowed to work. However, work restrictions for 18-year-olds may apply in states that have established a minimum number of hours required for students to remain enrolled in high school.