Labor Law and Work Permits for New York.
Do you know the child actor labor laws for your state? If you’re looking to pursue a career in entertainment for your child or if you are an entertainment industry professional looking to employ a child in your production, it is important that you know the child actor labor laws in both your home state and any state in which you intend to work.
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The State of New York has a myriad of rules governing child employment and the rules vary greatly depending on type of work (film, TV, live theater, runway modeling, etc.). Child performers (actors, singers, dancers, models, etc.) are governed by the NY Department of Labor (DOL) [12 NYCRR Part 186].
Child Performers: Includes but is not limited to print and runway models, actors, singers, dancers, musicians, voice over artists, etc. who work in film, television, reality TV, still photography, commercials, music videos, audio recording or on live theatrical productions.
Click here for an overview of NY Child Performer requirements for Parents, Guardians and Employers
Click here for a summary of NY Child Performer Laws A-Z
Child Models: As of November 20, 2013, child models who live or work in New York State are covered by the Labor Law and regulations as Child Performers. The basic requirements for parents, guardians, and employers of child models are as follows: Employers who engage a child model to work in this state must obtain a certificate to employ the model. Parents or guardians must obtain a Child Performer Permit so the model is eligible to work in this state.
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All minors must have a current and valid work permit before employment begins. Permits are obtained through the New York State, Department of Labor (NYDOL). There are two types of permits available.
* a one-time-only temporary Employment Permit valid for only 15 days, or
* an annual Child Performer Employment Permit.
15-Day Temporary Permits
Temporary permits can be easily obtained by first-time applicants online. This preliminary permit is valid for 15 days to allow the applicant time to submit the required documentation to the State for the annual permit.
Click here to obtain the Online Temporary Child Performer Work Permit
Annual Child Performer Employment Permit
One Year Child Performer Permits can be obtained by original application mailed directly to the State of New York or online. This permit may be renewed 30 days prior to expiration. New applicants must include birth records, parent/guardian photo I.D., a “Physical Fitness Certification” (LS-562), blocked trust account information (LS-566), emergency contact form (LS-563) and for school-age children – a “Verification of Satisfactory Academic Performance” (LS-560) which has been signed and dated by the principal or other authorized school official.
Click here for the combined Child Performer Permit Application (LS-561)
To obtain a permit online, you must first create a personal NY.Gov account. Once the account is created, you will have the ability to file for the permit through the same portal. Click here to start the process.
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Employers of child performers and any entity that has control over the child performer’s work site must first obtain a Certificate of Eligibility to Employ Child Performers (valid for three years), by demonstrating proof of NY Workers Compensation and Disability Insurance. *Fee Applies Permits can be obtained by original application mailed directly to the State of New York or online.
Click here for Certificate of Eligibility to Employ Minors Application (LS-550)
To obtain a Certificate of Eligibility to Employ Minors online, you must first create a personal NY.Gov account. Once the account is created, you will have the ability to file for the permit through the same portal. Click here to start the process.
If your payroll company is providing the insurance you must also submit a Workers Compensation Verification form LS 551.
Click here for the Work Comp Verification Form (LS551)
Blanket Permits: Employers holding an “Employer Certificate of Group Eligibility” may employ children not as individuals but as a group for no more than two specified days which need not be consecutive. One adult (designated by employer) shall accompany each group of 20 minors or fraction thereof under age 16. *Fee Applies
Click here for a Blanket Permit Application Form (LS553)
Notice of Use: Employers must file a “Notice of Use of Child Performers” with the DOL at least two business days before a child performer begins work unless employing minors under Group/Blanket Permit.
Click here for Child Performer Notice of Use (LS-556)
Parent/Guardian Authorization: Employers must obtain Parent/Guardian contact information, authorization for emergency medical treatment and permission to perform for each child performer employed.
Click here for Parent Authorization Form (LS-563)
Application for Variance: If a significant hardship is anticipated by the employer in compliance with any part of the regulation, the employer may apply for a variance.
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The State of New York requires a minimum of 15% of a minor performer’s gross earnings (including residuals) be deposited into a blocked trust account regardless of where the employer’s business is domiciled. Trust accounts are not required for unpaid performers working under a blanket permit. [186 -3.5. (a-g); 186-4.5]
The parent/guardian needs to ensure that a trust account for the Child Performer is established within 15 days of the start of employment. If the minor performer does not provide the employer with the trust account information the employer will be required to turn this money over to the New York State Comptroller to be held in the child performer’s name until he or she reaches majority.
Click here for information regarding Child Performer Trust Accounts
In addition, the Department of Labor will not issue a renewal or future Child Performer Work Permit to the minor unless trust account information is provided.
The Child Performer Trust Account can be established anywhere so long as it meets the standards required by a New York State UTMA (Uniform Transfer to Minors Act) or UGMA (Uniform Gift to Minors Act) Trust Account. As an example, “Coogan Accounts” set up in California are acceptable NYS Child Performer Trust Accounts.
CIF TIP: The Actor’s Federal Credit Union www.actorsfscu.com has outstanding blocked trust account product. There is no required minimum deposit, no membership fee or monthly service charges. They have branches in both CA and NY. Click here for an application.
When the employment contract is 30 days or less, employers are required to transfer the Child Performer Trust Account funds within 30 days following the final day of the child performer’s employment. For employment contracts of more than 30 days, the trust funds must be transferred at the end of each payroll period.
When a child performer’s trust account reaches a balance of $250,000, the parent of guardian must appoint a trust company as a custodian of the account. For more information, the New York Office of the State Comptroller can be reached at (518) 486-1255
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If the minor will be absent from regular school for more than two consecutive days due to employment, it is the responsibility of the employer to provide a teacher, who is either certified by or has credentials recognized by the state of New York, on set during the employment of a child performer. A check must be conducted of both NY State and National sex offender registries.
Click here to find out if a teacher holds a New York Teaching Certificate
Click Here to check the NY State Sex Offender Registry
Click Here to check the National Sex Offender Registry
Parents who homeschool their children and are available to teach, may remain their child’s teacher on set. Instruction time shall average at least three hours per school day, on a weekly basis. Employers shall provide students with an adequate work space, that is clean, well lit and has equipment and supplies sufficient for necessary instruction (tables, chairs, etc.)
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Any person who, for a fee, procures or attempts to procure employment or engagements for persons seeking employment or engagements, or employees for employers seeking the services of employees, requires an Employment Agency license. Employment agencies doing business in New York City may not be located in a residential building, and are governed by the NYC Department of Consumer Affairs. Employment agencies within the state but outside NYC limits are ruled by the New York State Department of Labor. Talent agencies in New York must post a bond with the licensing agency as part of the licensing requirement. Section 37.05 of the State of New York’s Arts and Cultural Affairs Law calls for theatrical agents to investigate whether or not any employer offering employment has stranded or has defaulted in the payment of salaries, fees or other compensation to any performer or group of performers during the five years preceding the date of application (this clause does not apply to modeling engagements).
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In New York State, graduation from High School does not exempt a minor from needing a Child Performer Permit or following the hours of limitations imposed by regulations. However, if you provide proof that a child performer has finished High School, then you no longer need to include the Child Performer School Form LS-560 with applications to renew the child performer’s permit.
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New York State Department of Labor
Division of Labor Standards, Permit and Certificate Program
State Office Building Campus, Bldg 12, Rm 185B
Albany, NY 12240
PH: (518) 457-1942
Fax: (518) 457-2731
CPinfo@labor.state.ny.us