Texas & Louisiana Child Labor Resource Sheet

Transcription

1 TEXAS TEXAS WORKFORCE COMMISSION Hours Requirements for Children Under 16 Texas & Louisiana Child Labor Resource Sheet May not work more than: (1) Eight hours in one day; or (2) 48 hours in one week If child is enrolled in a term of a public or private school, may not work: (1) Between the hours of 10 p.m. and 5 a.m. on a day that is followed by a school day; or (2) Between the hours of midnight and 5 a.m. on a day that is not followed by a school day Special Requirements for Children Under 14 If employed during the summer and not enrolled in summer school, a child may not work between the hours of midnight and 5 a.m. on any day during the time that school is recessed for the summer A child under 14 years of age may not be employed in the state of Texas unless he or she is employed as a child actor, and abides by the following requirements: NEED FOR AUTHORIZATION A child under 14 years of age may be employed in Texas as a child actor only upon submission of: (1) An application for authorization on a form provided by the Texas Workforce Commission and signed by a parent, guardian, or person having custody of the child, found here: The form may also be obtained at your Workforce Solutions office, or by calling the Labor Law Section at (2) Proof of age; and (3) A photograph (color or black and white) approximately 1 ½ inches by 1/ ½ inches, showing a full head shot of the applicant An authorization is effective when issued and expires when the child reaches 14 years of age, unless the Commission establishes a shorter time period. Lost authorization certificates may be reissued upon a new application. EXTRAS EXEMPTION (a) Special authorization for child actors to be employed as extras is granted without the need for filing an application if the employer or its agent: (1) communicates with the Texas Workforce Commission prior to the actual work being performed, identifying

2 Texas & Louisiana Child Labor Resource Sheet the employer, the project, the approximate number of extras intended to be employed on the particular project, and the anticipated dates of employment; (2) prior to employment, uses reasonable efforts to establish that each prospective child actor extra is under 14 years of age; (3) secures the written consent of a parent, guardian, or person having custody of the child to his or her employment as an extra on the particular project; (4) notifies all affected school principals of the intent to employ their students as extras, furnishing such details concerning the nature and duration of the work as to give school authorities reasonable information concerning the proposed use of their students in the particular project; and (5) submits a written post-production report to the Commission, within 10 days following the last day extras are employed, identifying the name, social security number, date of birth, and inclusive dates of employment for each child actor so employed, certifying compliance with Texas Labor Code, Chapter 51 and this Chapter 817 (relating to Child Labor) (b) Special authorizations for extras are deemed effective upon employment and expire as soon as one of the following events occurs: (1) the child reaches age 14; (2) the child receives a Child Actor Authorization; (3) the parent, guardian, or person having custody of the child revokes consent in writing; or (4) the child s employment on the particular project by that employer ends LIMITATIONS No child actor under 14 years of age may be employed: (1) in a manner that results in a failure to receive class credits because of unexcused class absences, or any violation of the State Compulsory School Attendance Law, Texas Education Code, , either as it is presently worded or may hereafter be amended to read, or of any rules promulgated thereunder; (2) in a position declared hazardous by the Commission; (3) during hours that would not be within the limits set by the Texas Labor Code for 14 and 15 year-old children; (4) where the child is required to use a dressing room that is simultaneously occupied by an adult or by a child of the opposite sex; (5) where the child is not provided with a suitable place

3 Texas & Louisiana Child Labor Resource Sheet to rest or play; (6) where the child is sent to wardrobe, makeup, or hairdressing, unless the child is under the general supervision of the child s parent, guardian, or person having custody of the child if the parent, guardian or person having custody is physically present at the place of employment; (7) where the child s parent, guardian, or person having custody of the child is prevented from being present at the place of employment while the child is working; (8) where the child s parent, guardian, or person having custody of the child is prevented from being within sight and sound of the child at any time during employment; or (9) for more than two consecutive school days during a school year in which the child is legally required to attend school without being furnished a tutor for the child s continuing education. The tutor shall be certified to teach in Texas by the Texas Education Agency or the State Board for Educator Certification, and shall make reasonable efforts to coordinate subjects and assignments with the child s classroom teachers HOURS EXEMPTION The child is permitted, with parental consent, to work during otherwise prohibited hours for child laborers, so long as the child does not work again for the same employer within 12 hours after completing work for the particular session and does not by being so employed work in excess of eight hours in one day or 48 hours in one week LOUISIANA LOUISIANA WORKFORCE COMMISSION BLANKET PERMIT The Theatrical Blanket Permit must be completed by the prospective employer in order to employ minors in the entertainment industry The permit must be accompanied by a Workers Compensation Certificate, the signed parent/guardian consent form and proof of age submitted via Must be requested for all minors under the age of 18, 5 days prior to the starting date Acceptable documents for Proof of Age to obtain the permit: 1. Birth Certificate 2. Passport or certificate of arrival in United States 3. Life insurance policy, dated 2 years prior to application 4. Current valid Louisiana driver s license or other state-issued identification, including a special identification card, with the minor s date of birth HOURS OF Minors under the age of 6 may not:

4 Texas & Louisiana Child Labor Resource Sheet EMPLOYMENT Work more than 6 hours per day Work more than 6 consecutive days in one week Work for more than 36 hours per week Work during school hours Work before 7 a.m. or after 7 p.m. on any day prior to a day during which school is in session, or after 9 p.m. on any day prior to a day during which school is not in session Appear in any performance or be present in the studio or on the set before 7 a.m. for studio production and 6 a.m. for location production on any day Appear in any performance or be on set past 7 p.m. on any day Minors 6 to 15 years of age may not: Work more than 8 hours per day Work more than 6 consecutive days in one week Work more than 48 hours per week Be employed during school hours Work before 7 a.m. or after 7 p.m. on any day prior to a day during which school is in session or 9 p.m. on any day prior to a day during which school is not in session Appear in any performance or be present on set before 7 a.m. for studio production and 6 a.m. for location production Appear in any performance or be present on set after 8 p.m. on any day prior to a day during which school is in session or 10 p.m. on any day prior to a day during which school is not in session Minors 16 years of age, who have not graduated from High School may not: Be employed or work between the hours of 11 p.m. and 5 a.m. prior to the start of any school day Minors 17 years of age, who have not graduated from High School may not: Be employed or work between the hours of 12 a.m. and 5 a.m. prior to the start of any school day

5 LOUISIANA BREAK REQUIREMENTS SAG-AFTRA REGULATIONS COMMERCIAL WORK HOURS - Texas & Louisiana Child Labor Resource Sheet The term "minor," means any performer under the age of 18 except it shall not include any such performer if: the performer has satisfied the compulsory education laws of the state; the performer is married; the performer is a member of the armed forces; or the performer is legally emancipated The term minor as used herein means any principal performer defined as a minor under the employment laws of the State governing his or her employment and in any event shall include any principal performer 15 years of age or younger A minor may be permitted at the place of employment no longer than: Under age 6 6 hours Ages 6 to 8 8 hours Ages 9 to 15 9 hours Ages 16 to hours All minors must have a 30 minute uninterrupted break period within every 5 hours of employment All minors must receive a 12 hour rest break at the end of each work day, before commencement of the next day of work WAIVER REQUESTS The Theatrical Blanket Permit must have previously been issued to the production company prior to requesting a waiver Waivers must be made at least 48 hours in advance to the Labor Programs Manager. The request must include the specific dates and times that the waiver is requested, as well as written acknowledgement that the minor s parent or legal guardian has granted approval. Requests must also be accompanied by a specific reason why they are needed LOUISIANA EDUCATION REQUIREMENT If absent from school for 2 or more days within a 30 day period a certified teacher must be employed beginning on the 2 nd day of employment The teacher must provide a minimum of 3 education instruction hours per day to the minor pursuant to the lesson plans as provided by the minor s school There must be a teacher-to-student ratio of 1 teacher for every 10 students BLANKET PERMIT PACKET 012%20Theatrical%20Permit%20Packet.pdf These are all excluding meal times but including school time. The work day for minors shall begin no earlier than 5:00 am and shall end no later than 10:00

6 WORK HOURS - COMMERCIAL Texas & Louisiana Child Labor Resource Sheet pm on days preceding school days and 12:30 am on the morning of a nonschool day Maximum work time shall not exceed: Under age 6 6 hours Ages 6 and older 8 hours The work day for minors shall begin no earlier than 7:00 am for studio production [6:00 am for location production] and shall end no later than: 7:00 pm for minors under the age of 6 and 8:00pm for minors older than the age of 6 on days preceding school days and 10:00 pm on days not preceding non-school days. A minor shall receive a 15 minute rest break every 2 hours. Work time shall not include meal time but include such mandatory 15 minute break. CONTRACT REQUIREMENTS TEACHERS ON SET TRUST ACCOUNTS INTERVIEWS AND AUDITIONS - INTERVIEWS AND AUDITIONS - COMMERCIAL The SAG-AFTRA Theatrical/Television contract requires the producer to supply a teacher for minors working three or more consecutive days. Please contact the Local Film Commission for a list of On-Set Tutors At present, Trust Accounts are required by the State of California, New York, Louisiana and New Mexico. In most instances, proof of a trust account is required prior to receiving a work permit. Please visit the Labor Department s website in each state for more detailed information. Interviews and fittings for children who are attending school shall be held outside of school hours. Such interviews and fittings shall not be after 9:00 pm. At least 2 adults shall be present during a fitting. Interviews and fittings for children who are attending school shall be held outside of school hours. Such interviews and fittings shall not be after 8:00 pm. At least 2 adults shall be present during a fitting. FEDERAL REGULATIONS FEDERAL CHILD LABOR LAWS U.S. DEPT. OF LABOR BULLETIN For more information visit, performers or contact: SAG-AFTRA Dallas - Ft Worth Local Dallas Parkway, Suite 440 Dallas, TX (214)