Chicago film production is booming, as you might expect under a mayor that is the brother to one of the industry’s most powerful agents (Ari Emmanuel, CEO of Endeavor). In addition to more than a dozen series filming in Chicago each year, there is also a consistent stream of feature films. Commercials are shot here often as well, since many of the nations top advertising firms are in Chicago, including BBDO, Ogilvy, DDB and Leo Burnett.
Parents will want to note that in Illinois, a minor is considered anyone under the age of 16 (not 18 as in most other states). Children 16-18 work as adults here. The following rules apply to any minor (under 16) employed as a performer in film, commercials, music videos, digital productions, industrial and any/all filiming productions. Illinois passed a law in 2023 that specifically addresses family vloggers and child influencers, requiring parents to compensate their children. Please contact IDOL for more information on theater, live music, dance, print or live modeling rules–they may be different.
New Law in Illinois is Unique — SB1782:
Family vloggers and child influencers are the subject of the first law in the nation, specific to their compensation. This law takes effect on July 1, 2024. This law requires:
–Parents to submit an annual report to their own child documenting the number of vlogs, compensation, the percentage of time, and actual minutes the child was in them
–Trust account deposits for the child when the child appears in more than 30% of the compensated video in a 30 day period. KEY: the set aside money is 50% of the GROSS revenue the parent receives from the videos. Not 15%. The entire amount of the child’s percentage gets put in the trust fund. The other 50% presumably goes to the parent to pay taxes and produce the videos?
–performing includes the use of the child’s name, image, or photograph (not just performance), so parents can’t say their child’s name more than 30% of the time.
–Compensation to the child from the parent of up to half of the revenue received from the online platform.
–Does not include any minors who create their own vlogs, only family vlogs.
-Minor Employment Certificate: A valid Illinois Minor Employment Certificate must be issued to the minor prior to employment. It is valid for one year.
–Trust Accounts of 15% are required in IL, but background actors do not need to comply. These accounts are UTMA accounts, not blocked Coogan accounts.
-Supervision: A minor must be accompanied by a parent/guardian while employed.
-Meal Break: A minor must receive a ½ hour meal after five (5) hours of work.
-Work Day: The child work day must remain between the hours of 7AM and 7PM from Labor Day to June 1, and between 7AM and 9PM from June 1 to Labor Day. Work hours are in two categories: 0-8 years old, and 9-15 years old. There are specific requirements for night waivers. 12 hour turnaround.
-Education: Illinois requires 3 hours of school for ages 6 – 15. A unique factor is that they require 1 hour of school for children aged 3 – 5 (preschool and kindergarten). Children must attend at least one hour of school a day, but can bank up to 2 hours a day on other days. Also unique: they specifically say that the content of the education must be appropriate to the grade level as determined by IL Board of Education standards and that games may not be subsituted for material taught.
-Turnaround: A minor must be provided a twelve (12) hour turnaround rest break at the end of the workday and prior to the commencement of their next work day or school day.
-Days: No minor shall be employed for more than six (6) days in any one week.
-Facilities: All Minors must be provided with separate and adequate facilities for rest, schooling and recreation.
-Posting: Employers must post a copy of the Illinois Child Labor Code is a location visible to all staff and crew