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California has the most extensive matrix of laws regarding children working in the entertainment industry in the world. Applicable laws can be found scattered through the Family Code, Probate Code, Education Code, and Civil Code. Please check the Screen Actors Guild Young Performers Database for details.
A quick summary of requirements in California:
--parent/guardian must be within sight and sound of their child
--State licensed studio teacher/welfare worker required on set 24/7
--work hours limited by age
--overtime illegal
--3 hours per day required of schooling on set on school days
--100% of the child's earnings belong to the child (as opposed to the parents or household)
--15% mandatory Coogan trust account with holding
Two important laws have been enacted in California within the past few years which affect the Coogan Trust Account situation, along with one consumer protection law regarding entertainment businesses that charge fees. The text of the legislation provides very interesting details and explanations of the intent of the laws. Parents are encouraged to read the laws in their entirety to increase their familiarity and understanding.
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SB1162 – Enacted January 1, 2000
Highlight of changes:
- Coogan withholding covers all earnings (not just those with court ordered contracts)
- Earnings belong to the child (not community property with family)
- Established 15% withholding (lower than 30% previously recommended for contracts)
SB210 – Enacted January 1, 2004 – Amendment to SB1162 (History of Coogan)
Highlight of changes:
- Wages withheld but undeposited that are over 180 days old may be forwarded to The Actors’ Fund to be held in trust for the minor
- Work permit valid for only 10 days after issue unless a Trustee Statement is attached
- Parents to receive a receipt from production company when they provide Coogan account information
- Wages withheld are to be deposited immediately, with no regard to the court approval process
- Ongoing wages withheld but undeposited for 180 days may be forwarded to The Actors’ Fund to be held in trust for the minor.
See also: Unclaimed Coogan List
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SB1687 – Enacted in CA January 1, 2005
Advance Fee Talent Law
Previous Advance Fee Talent Law regulated “Services” who charge up-front fees (any advance fee prior to the artist obtaining actual employment) by:
- prohibiting them from making false or misleading advertisements,
- referring the artist to anyone who charges a fee in which the “service” has a financial interest
- accepting any compensation for referring an artist to a person that charges a fee
- requires Advance Fee Services to post a $10,000 surety bond
- requires the disclosure of contractual agreements,
- requires a right to refund of any advance fee paid, and to cancel any contract for advance fee talent services.
Highlight of Changes:
Adds to the definition of advance-fee talent services to now include businesses that provide:
- Photographs
- Lessons
- Coaching
- Procuring, offering, promising, or attempting to procure auditions (not just work) for the artist
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