New - 1/29/2011   BizParentz letter of Opposition to Proposed New York Rules

Read here:  BizParentzNewYorkRules.pdf

New Proposed Rule Changes for New York Child Performers 2010

The New York Child Performer Education and Trust Act was passed in 2003 (see below).  As per New York 's state policies, the law was passed in a general way,  with few details included.  Instead, the state relies on "Rules" which provide the specificity to the law.   Read more about that process here:  http://www.dos.state.ny.us/info/pdfs/rulemake.pdf

In October 2010, the NYS Department of Labor proposed new Rules for child performers.  These will apply to both New York residents, and those children working in NY from out of state.  The new Rules will make New York the most restrictive state in the nation for child performers, surpassing even California.  
  
The text of the new Rules can be found here:  http://www.labor.ny.gov/sites/legal/laws/pdf_word_docs/child_performer/TEXT.pdf

Changes that Affect You

Our concerns about this new set of Rules are legion.  Because there are so many concerns, BizParentz is working with the newly formed Child Performers Coalition to prepare educational materials for both parents and other interested parties (such as agents, managers, producers, etc).  

Please refer to the CPC website at  www.childperformerscoalition.org for more details.  We suggest that you read all the information there, especially the "Briefs" section where you can find information about specific issues such as:   

-The new Rule requires TWO physicals by a physician before obtaining a work permit.  Even if your family has insurance, usually only one physical is covered, leaving the family to pay hundreds for the second physical, not to mention lengthy wait times to get an appointment, etc.  This new addition is in response to a committee about eating disorders in the modeling industry.  Ironically, these new Rules don't affect models.  We are also concerned about kids with disabilities and the potential for physicians who have no training in the area to evaluate mental and emotional wellness of a child in relation to the entertainment industry. 

-Daily work hours are now limited, putting them in line with the SAG contract.  

-Parents are only suggested on set for children ages 6 and under.

-They suggest that excused absences are included in the rules, but the language makes it moot--you only get an excused absence if your schools "accepts" the work.  Which makes this function worthless.

-No one is allowed in the school room other than the teacher and the children being taught.  This is a problem because it restricts access to the child by their own parents.  It also negatively affects homeschoolers. This is not CA law, by the way.  It is based on SAG rule, which is outdated. 

--Blanket permits aka Group permits are now included in the law.  This means the producer can hire an entire baseball team with no Trust requirements, no work permits, no physicals, nothing.  In California, this function has led to a cut in commercial employment for professional actors since commercials are typically shot in one day.  Anyone can define themselves as a "group" and skirt the Rules, allowing baseball teams, cheerleaders, dancers and others to take the jobs of professional actors and have no protections.     

  -These new rules do not apparently affect models, which were the original concern of the eating disorders committee established in New York a couple of years ago.  

We strongly suggest that all New York parents, and those that are likely to work the New York market, read the Rules and express concerns QUICKLY.   

WHAT YOU CAN DO

1.  Sign the Petition at  http://www.ipetitions.com/petition/childperformerscoalition/

2.  There is one remaining HEARINGS:
January 31, 2011 from 10AM - 1:00PM
75 Varick Street, Conference Room G
New York, New York. 
Verbal comments at both hearings will be limited to no more than five minutes each.  
 
3.  Concerned parents should also make their thoughts known by writing to:

  Jeffrey Shapiro, New York State Department of Labor,
  State Office Campus, Building 12, Room 509
  Albany, NY 12240
  (518) 457-4380
  email: jeffrey.shapiro@labor.ny.gov


 

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New York Child Performer Education and Trust Act of 2003

Update July 2007: The NY Department of Labor has made changes to the child work permit application. Please refer to the DOL website before submitting your child's work permit application or renewal!

This law took effect on March 28, 2004 and was supported by SAG, AFTRA and AEA. The law combines the general concepts of a Coogan law along with some education for children in the entertainment industry (including theatre, television and film, and music). The law applies whether the child is paid for their work or not, and it applies to all work performed in NY , regardless of the child's state of residence. Since the law is fairly new, there are still some interpretations being made, and there is currently an amendment being proposed that would clarify the education components of the law (see below).

The New York Child Performer law does the following things:

1. Transfers the management of child performer issues from the CITY of New York , to the New York STATE Department of Labor (in Albany ).
2. Creates an Certificate of Eligibility to Employ Child Performers (aka Employer Permit) for the employer at a cost of $350. The employer's certificate is good for 3 years.
3. Codifies the 6 month work permit for children working in the entertainment industry. In years past. NY children had to get a permit for each job. Now the permits are good for 6 months for an unlimited number of jobs. They are also now tied to academic performance at the child's school of enrollment. Additionally, the state instituted a one-time 15 day emergency permit and an on-line system to apply for those 15 day permits.
1. NEW Work Permit Application Form as of 06/07: http://www.labor.state.ny.us/formsdocs/wp/LS561.pdf
2. One time, 15 day permit, available on-line only: http://www.labor.state.ny.us/workerprotection/laborstandards/secure/secure2/welcome.asp
4. Creates a Coogan-like system for child performers. This system has a very significant difference from California 's Coogan law—in NY, the funds are not blocked . The NY accounts are simply trust savings accounts (UTMA or UGMA), so the parents can use the money for any expense on behalf of the child. Because of this difference, the NY “Coogan” accounts are not acceptable in California (the money is really not protected). In NY, 15% of the minors earnings should be with held by the employer and deposited into the account set up by the parent. The employer has 30 days from the start of employment to deposit the money into your child's trust account. If the money goes unpaid presumably because the parent did not provide their account information to the employer) then the 15% will go to the State of NY Child Performer 's Holding Fund.
1. Specific requirements about Trust accounts (aka “NY Coogan” accounts): http://www.labor.state.ny.us/workerprotection/laborstandards/secure/child/cp_trusts.shtm
5. Provides for education in some instances. This is the area where the greatest controversy and confusion about this law seems to be. As the law is written, child performers must comply with the regular attendance and performance requirements of any other NY state child. For child performers, the employer must provide a certified teacher “ if the child is unable to meet such education requirements due to his or her employment schedule ”. Determining the “IF” is the problem. Although the law itself is a bit murky on this subject, the NY state website is saying that "Generally a teacher is only required if the child will miss more than two consecutive days of school". Read here The SAG contracts generally require a studio teacher on the third day. Theatres, who work in the evening or who have multiple casts, will attest that their minor employees “could” go to regular school during the day despite long work hours. This is where an amendment is likely to provide clarification. The intent of the law seems to be that when a child works, the “studio teacher”, the parent and the child's regular school of enrollment are supposed to work together. Absences from regular school are only EXCUSED if the employer is providing a studio teacher (which may be a problem with Regents requirements), not whenever the child works. This law also establishes for the first time, that the child's school of enrollment has control over the work permit process...they must sign the work permit. The parent no longer has complete control over whether their child is eligible to work or not.

PDF link to the law itself: http://www.labor.state.ny.us/workerprotection/laborstandards/PDFs/Child%20Performer%20law%204696-B.pdf

General Information about this law from the New York State Department of Labor including FAQ's, current DOL interpretations,
employer links, etc.: http://www.labor.state.ny.us/workerprotection/laborstandards/secure/child_index.shtm