Working with Minors: Part 2
Two weeks ago, we explored some of the basics of working with minors. Today, we are digging a bit deeper with some more specific questions. Don’t be fooled though! Although these questions apply to specific situations, they are all extremely common. Many people turn to us for answers about the ins and outs of working with minors and we are more than happy to oblige. Understanding the minutiae of child labor laws takes focus and detail, but is all in service of safe and comfortable children. So put your thinking caps on and get ready for the nitty gritty of working with minors. In this installment of Ask OOTB, we’ll answer the following questions:
What is the role of a studio teacher and when are they needed?
What is the difference between a guardian, a studio teacher, and a wrangler?
If a family is cast together but each of them has a different shoot schedule for the day, and the parents cannot be with the child at all times, can the child just be with the studio teacher?
The newborn’s mother will be on set. Do I need a pediatric nurse too?
What is a Coogan account?
When are Coogan accounts required?
How is a Coogan account opened?
How do you get work permits?
My child is going to model. Do they need a work permit? Do I need to pay them? Do they need a Coogan account?
What are the penalties for not adhering to child labor laws when employing minors?
It’s important to note that California employment laws often differ from employment laws in other states. Since OOTB is based in California, we’ll be focusing on child labor laws in California. If you live in a different state, your laws may be different. For a starting place for state-by state child labor laws, we found a helpful interactive map put out by the Department of Labor on their website.
But first some quick housekeeping:
Ask OOTB is an ongoing series in which we share some of the most commonly asked questions that we receive, along with relevant information that can help you better understand all things payroll. If you have a question that you would like us to tackle, please submit it to us via our Ask OOTB online form.
And an important note: The information provided in this article does not, and is not intended to, constitute legal, tax, or financial advice. All information, content, and materials available in this article are for general informational purposes only. Information in this article may not constitute the most up-to-date legal or other information. We highly recommend that you seek the advice of an attorney or tax professional rather than relying solely on the information provided herein.
What is the role of a studio teacher and when are they needed?
According to Studio Teacher Defined on thestudioteachers.com website, “a studio teacher is a certificated teacher who holds both a California Elementary and a California Secondary teaching credential, valid and current, certified by the Labor Commissioner.”
You almost always need to have at least one studio teacher on set when a child is present. The exact number depends on how many minors you have on set and whether or not school is in session. When school is in session, employers need to provide one studio teacher for every increment of ten minors under eighteen years old. When school is not in session (like on weekends or school holidays) the requirement is one studio teacher per 20 minors. If the minor in your shoot is 16 or older, and has graduated high school or the equivalent, then a studio teacher is not required.
The studio teacher's role is to provide your employee who is a minor with a quiet learning space, ensure that they complete their assignments, and offer tutoring assistance when needed. The studio teacher is also there to advocate for the “health, safety and morals of minors under sixteen,” according to the California Code of Regulations section on Studio Teacher’s Authority. This section goes on to state, “...The studio teacher may refuse to allow the engagement of a minor on a set or location and may remove the minor therefrom, if in the judgment of the studio teacher, conditions are such as to present a danger to the health, safety or morals of the minor. Any such action by the studio teacher may be immediately appealed to the Labor Commissioner who may affirm or countermand such action.”
What is the difference between a guardian, a studio teacher, and a wrangler?
For the answer to this question, we talked to Donnell Barnes, one of the studio teachers we frequently work with on set.
Whenever you have minors on set, you are required by law to have the following people present: a parent or guardian, one or more studio teachers, and a pediatric nurse if the child is under 6 months old.
A guardian is a parent-assigned adult acting as the parent’s representative on set. A studio teacher is an individual certified by the Department of Labor, who is there for the health, welfare, and education of the minor. A wrangler’s job is to encourage the minors on camera to do whatever is desired for the shoot—usually smiling, laughing, or playing with the product.
If a family is cast together but each of them has a different shoot schedule for the day, and the parents cannot be with the child at all times, can the child just be with the studio teacher?
No. A parent or guardian must be within sight and sound of their child at all times during a shoot. If it is not possible for a parent to do this, then they need to send a guardian along to take on this role.
The newborn’s mother will be on set. Do I need a pediatric nurse too?
Yes. A newborn’s parent or guardian is required to be on set, as well as a studio teacher and a pediatric nurse. The presence of all three people is required to legally employ a minor under 6 months old.
What is a Coogan Account?
According to the SAG/AFTRA’s webpage on Coogan Law, and their linked Coogan Law Full Text, Coogan accounts are named after child actor Jackie Coogan, who grew up to play Uncle Fester on The Addams Family. Jackie Coogan made a great deal of money as a child actor in the 1920s, only to find out later that his parents, who had sole control over their children’s earnings according to California law at the time, had spent it all. As a result of the many legal battles that followed, California law now requires that 15% of a minor’s earnings be set aside in a Coogan account. A Coogan account is a special blocked trust fund that holds a minor's earnings until they reach the age of 18.
When are Coogan accounts required?
Coogan accounts are required any time you employ a minor in the entertainment industry. Proof of a Coogan account is required within 15 days of employment, according to SAG/AFTRA’s Coogan Law page, mentioned above. The entertainment industry, according to the Department of Industrial Relations, includes “... Motion pictures of any type (e.g. film, videotape, etc.), using any format (theatrical film, commercial, documentary, television program, etc.) by any medium (e.g. 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.”
How is a Coogan account opened?
Many banks and credit unions, including Wells Fargo and Bank of the West, allow parents to open these accounts. However, some banks do not, so it is worth calling your bank to find out if they provide these specialized accounts. To open an account, you usually need to book an appointment and provide specific documentation. Check with your bank to determine their requirements.
How do you get work permits?
According to the DIR’s Entertainment Work Permits page, there are two kinds of work permits: 10-day permits and 6-month permits. Both permits must be obtained from the Department of Industrial Relations. 10-day permits require less paperwork and are usually available immediately. However, they are only available to first-time applicants under 16 years old, can only be applied for online, and cost $50. 6-month permits require more documentation, but are free, and can be applied for online, by mail, or in person at any of the Labor Commissioner’s Office locations. 6-month permits are usually available within 7 days. If you need it sooner, it is possible to get a permit approved day-of. For day-of approval, turn the application in in person and include a signed and dated letter from a production or audition entity that includes the minor’s name and the date they will be working or auditioning (within 7 days).
Here’s how to apply for each kind of permit:
10-day Permit:
Create a user account on the DIR website.
Fill out an online application on the DIR website and submit your $50.
**If the minor is between 15 days and 1 month old, you also must submit a medical certification from a board-certified pediatric physician stating that the infant:
is at least 15 days old
was not born prematurely
had a normal birth weight
Is “physically capable of handling the stress of filmmaking” (from Procedures for Obtaining an Entertainment Work Permit for Minors, on the DIR site.)
Has “sufficiently developed” eyes, lungs, heart, and immune system.
Once the DIR receives and approves the medical certification, applicants will receive a confirmation email telling them that their work permit is ready to use.
6-Month Permit: from above DIR site
Print and fill out the application form, available on the DIR website, and turn it in online, by mail, or in person along with all required documents. You’ll need the following documents:
For infants younger than one month:
A medical certification, described above
For children kindergarten age and younger:
A copy of one of the following:
Certified Birth Certificate
Baptismal Certificate
Official letter from hospital where the minor was born attesting to the birth date
Passport
For children in grades 1 through 12:
an authorized school official’s certification, containing the school district’s seal or stamp, stating that the minor’s attendance, health, and scholastic records are satisfactory.
If the minor is homeschooled, the application can be filled out by the minor’s parent or guardian, and 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.
My child is going to model. Do they need a work permit? Do I need to pay them? Do they need a Coogan account?
According to the DIR’s Child Labor Law Pamphlet, if you employ your own children, you still have to follow all of the child labor laws that would apply to other minor employees. The only situations in which this does not apply are, “...agriculture, horticulture, viticulture or domestic labor on or in connection with premises that the parent or guardian owns, operates or controls.” None of these situations apply to the commercial photography industry, so your child needs a work permit, needs to be paid, and needs a Coogan account.
What are the penalties for not adhering to child labor laws when employing minors?
The DIR’s Summary Chart states that failing to follow entertainment industry child labor laws is considered a Class B violation of Labor Code 1308.5. It has civil and criminal penalties.
Class B violations carry civil penalties of not less than five hundred dollars ($500) and up to one thousand dollars ($1,000) per minor employed for each and every violation.
In terms of criminal penalties, it states:
“Criminal violations of child labor laws are misdemeanors punishable by fines ranging up to $10,000 or by confinement in the county jail for periods up to 6 months, or both fine and imprisonment… In essence, almost all the child labor laws, as well as the compulsory education laws have some misdemeanor penalty attached to them.”
This same document further states that it’s not just the employer who might suffer the consequences of a lack of lawful diligence. It states,
“... parents or guardians (in addition to employers, agents, managers, etc.) who permit the minor to be employed unlawfully in the entertainment industry (which includes any violation of state regulations governing minors in the entertainment industry) are liable for any civil and criminal penalties that arise from the violation.”
We hope we’ve answered at least some of your questions about working with minors in this installment of Ask OOTB. To recap, you need at least two people on set if you are employing a minor: a studio teacher, a parent/guardian, and a pediatric nurse if the child is under 6 months old. In terms of documents, each minor needs a work permit, which requires several sets of documents, and a Coogan account opened in the minor’s name. We described the process of obtaining a work permit and Coogan account. Most importantly, there are no exceptions or workarounds. Child labor laws apply no matter who the child is or who the parents are, and there are serious penalties for failing to adhere to them. If you still have questions, please don’t hesitate to ask us via our Ask OOTB online form.
Sources:
United States Department of Labor. (January 1, 2021). Child entertainment laws as of January 1, 2021. https://www.dol.gov/agencies/whd/state/child-labor/entertainment
The Studio Teachers. (2021). Studio teacher defined. Https://thestudioteachers.com/wp-content/uploads/2014/06/Studio-Teacher-Defined.pdf
Department of Industrial Relations. California Code of Regulations, Title 8 Section 11755.3. Studio teacher's authority. https://www.dir.ca.gov/t8/11755_3.html
SAG-AFTRA. Coogan Law. https://www.sagaftra.org/membership-benefits/young-performers/coogan-law
SAG-AFTRA. Coogan Law: Full Text. https://www.sagaftra.org/membership-benefits/young-performers/coogan-law/coogan-law-full-text
California Department of Industrial Relations. (2021). Entertainment Work Permits for Minors. https://www.dir.ca.gov/dlse/entertainment-work-permit.htm
California Department of Industrial Relations. (2019). Procedures for Obtaining an Entertainment Work Permit for Minors. https://www.dir.ca.gov/dlse/EWPRequirements.html
California Department of Industrial Relations. (February, 2019). Application for Permission to Work in the Entertainment Industry. https://www.dir.ca.gov/dlse/DLSEForm277.pdf
California Department of Industrial Relations (2013). California Child Labor Laws. https://www.dir.ca.gov/dlse/childlaborlawpamphlet.pdf
OOTB Solutions. Working with Minors. https://ootbsolutions.com/working-with-minors