17 February

Minor Actors on Film Sets: New York vs. California Laws

Hello everyone,

today we will discuss minor actors on the set. When hiring minor actors for a film production, understanding the legal requirements in different states is crucial. New York and California have specific laws governing child performers, but they differ in key areas such as work permits, education, and working hours.year?

Who is a minor?

In the film industry, a minor is generally considered anyone under 18 years old in both California and New York. However, different age groups have varying restrictions:

Under 16 years old – Subject to the most strict labor laws, requiring work permits, limited working hours, and mandatory schooling.
16-17 years old – Still considered minors but may have slightly more flexible work hours and fewer education requirements, depending on the state.
Emancipated minors – If a minor is legally emancipated, they may have more legal rights similar to an adult.

Work Permits and Trust Accounts

New York:

In New York, minors who wish to work in the entertainment industry must obtain a Child Performer Permit from the New York State Department of Labor. This permit ensures that the minor is legally authorized to work and that their employment complies with state regulations designed to protect young performers.

Employers who intend to hire minors in entertainment must obtain a Certificate of Eligibility from the New York State Department of Labor. This certification confirms that the employer meets all legal requirements for hiring child performers and is authorized to do so under state law.

While New York does not require minors to have a Coogan Account—a special trust account designed to safeguard a portion of a minor’s earnings—there are still wage protection laws in place. These laws ensure that child performers receive fair compensation and that their earnings are handled in a manner that protects their financial interests.

California:

In California, minors who wish to work in the entertainment industry are required to obtain an Entertainment Work Permit issued by the California Department of Industrial Relations. This permit ensures that the minor is legally authorized to work in the industry and that their employment complies with state regulations designed to protect young performers.

Employers who hire minors in the entertainment industry must adhere to strict financial protection laws. One such requirement is that 15% of the minor’s earnings must be deposited into a Coogan Trust Account. This type of trust account is specifically designed to safeguard a portion of the child’s income until they reach adulthood, preventing financial exploitation and ensuring that a portion of their earnings is preserved for their future.

The Entertainment Work Permit is not a one-time authorization; rather, it must be renewed every six months to ensure continued compliance with state labor laws. This renewal process helps confirm that the minor remains eligible to work and that all required protections, including educational and financial safeguards, are in place.

History of Coogan Accounts

The Coogan Trust Account originated from the case of Jackie Coogan, one of Hollywood’s first child stars. Coogan rose to fame in the early 1920s, earning millions of dollars through his performances in silent films. However, upon reaching adulthood, he discovered that his parents had spent the vast majority of his earnings, leaving him nearly penniless. This revelation led to public outrage and a legal battle, which ultimately inspired California’s Coogan Law, enacted in 1939. The law mandates that a percentage of a minor’s earnings be placed into a Coogan Trust Account, ensuring financial security for young performers and protecting them from potential exploitation.

Jackie Googan in “My Boy” film (1921).

Jackie Coogan in “Trouble” film (1922).

Jackie Coogan’s Filmography and Legacy

Jackie Coogan was one of the most beloved child actors of the silent film era, starring alongside Charlie Chaplin and other Hollywood greats. Some of his most notable films include:

The Kid (1921) – Starring opposite Charlie Chaplin, Coogan played the role of an orphaned boy taken in by Chaplin’s Tramp character. The film was a massive success and remains one of Chaplin’s most famous works.
My Boy (1921) – A heartwarming drama in which Coogan played a young immigrant boy navigating life in America.
Oliver Twist (1922) – Coogan starred as Charles Dickens’ iconic orphan in this early adaptation of the classic novel.
Daddy (1923) – A drama about a young boy who tries to reunite with his estranged father.
The Rag Man (1925) – Another popular silent film in which Coogan plays a street-smart orphan who befriends a junk dealer.
Tom Sawyer (1930) – Coogan took on the role of Tom Sawyer, bringing Mark Twain’s mischievous character to life in this early sound film.

Fun Facts About Jackie Coogan and the Coogan Law

Jackie Coogan’s career skyrocketed after Charlie Chaplin discovered him at just four years old.
At his peak, he was one of the highest-paid child actors in Hollywood, earning an estimated $4 million (equivalent to over $60 million today).
After realizing his parents had squandered his fortune, Coogan sued his mother and former manager (his stepfather). While he won the case, legal loopholes prevented him from recovering most of his lost earnings.
Following his childhood fame, Coogan made a successful transition to television in later years, most notably playing Uncle Fester in The Addams Family (1964-1966).
The Coogan Law was a landmark victory for child performers, and it has since been updated to provide even stronger protections.

Work Hours and Rest Periods

In New York, minors between the ages of 6 and 16 are permitted to work for a maximum of 8 hours per day and 48 hours per week. However, their working hours are subject to restrictions, particularly when school is in session. Minors must have at least 12 consecutive hours of rest between workdays to ensure they have adequate time for rest and personal activities. Work hours are also adjusted based on school schedules to prioritize education, limiting the number of hours a child can be engaged in work-related activities on school days.

In California, the regulations for minors in entertainment follow similar guidelines but impose additional restrictions when school is in session. When school is not in session, minors aged 6 to 16 can work a maximum of 8 hours per day and 48 hours per week. However, when school is in session, their work hours are significantly reduced to ensure that academic responsibilities remain a priority. During school days, minors are limited to 3 hours of work per school day and a maximum of 18 hours per week. Additionally, they must receive at least 12 consecutive hours of rest between workdays, ensuring they have ample time for sleep and school preparation. These rules are designed to protect young performers by balancing their work opportunities with their educational and personal development needs.

Education Requirements for Minors in Entertainment

In New York, a set teacher is required whenever minors are working on set during school hours to ensure they receive proper education while fulfilling their work commitments. The specific schooling requirements vary depending on the minor’s current educational status, meaning that the number of instructional hours and subjects covered may differ based on whether the child is enrolled in a traditional school, being homeschooled, or receiving private tutoring. These regulations ensure that child performers do not fall behind academically while pursuing careers in entertainment.

In California, the presence of a studio teacher is mandatory on set whenever a minor is working. This requirement applies regardless of whether the child’s work schedule overlaps with traditional school hours. If the minor is working on a day when school is in session, they must receive a minimum of three hours of schooling per workday. The studio teacher not only provides academic instruction but also ensures that the child’s working conditions comply with labor laws, including monitoring rest periods and overall well-being. These regulations help maintain a balance between the child’s professional obligations and their educational development, ensuring that minors in the entertainment industry continue to receive a proper education while working on set.

Union vs. Non-Union Studio Teachers: What Productions Need to Know

In California, both union and non-union productions are required to hire certified Studio Teachers when employing minors on set. However, whether the teacher must be union-affiliated depends on the nature of the production.

Union Productions (IATSE Local 884)

Union projects typically require Studio Teachers to be members of IATSE Local 884 (the union representing Studio Teachers).
Hiring a union Studio Teacher ensures compliance with union contracts, wages, benefits, and conditions negotiated by IATSE.
These teachers are bound by union rules, including specific work conditions, rates, and benefits.

Non-Union Productions

Non-union projects are not required to hire a union-affiliated Studio Teacher.
However, the teacher must still be licensed and certified by the California Division of Labor Standards Enforcement (DLSE) to legally oversee minors.
Non-union productions have more flexibility in rates, contracts, and hiring options, potentially reducing costs.

Key Takeaways

✅ Union productions must hire union-affiliated Studio Teachers (IATSE Local 884).
✅ Non-union productions can hire either union or non-union Studio Teachers, as long as they are state-certified.
✅ Regardless of union status, all Studio Teachers must meet California’s education and child labor law requirements.

Would you like assistance finding certified Studio Teachers for your production?

Interesting Question from Practice: Religious Holidays on Set

Are Studio Teachers Required When Minors Are Off from School?

Generally, when a minor is off from school due to holidays or weekends, a Studio Teacher is not required on set. However, specific questions arise when it comes to religious holidays—for example, Hanukkah, Ramadan, or other religious observances.

California vs. New York: How Do the Laws Compare?

In California, whether a Studio Teacher is required depends on whether the minor’s school considers their excused absence as an official non-school day:

If the school officially excuses the minor and considers it a non-school day, the minor can work under non-school day hour regulations (up to 8 hours per day) without a Studio Teacher.
However, if the school still considers the minor to be “in school” but allows an excused absence for religious observance, a Studio Teacher is required to fulfill educational requirements (typically 3 hours of instruction per day).

In New York, labor laws for minors in entertainment are less strict compared to California:

Studio Teachers are only required for minors under 16 who would otherwise be in school on that day.
If the school officially recognizes the religious holiday as a non-school day, the Studio Teacher requirement does not apply.
Work hour limits remain, but New York does not require as much education oversight on set as California does.

Key Takeaways for Productions

Always confirm with the minor’s school whether their absence for a religious holiday is considered a non-school day or just an excused absence.
In California, a Studio Teacher is required if the school does not classify the day as a full non-school day.
In New York, the rules are more flexible, and a Studio Teacher is only required for minors under 16 who would otherwise be in school.

In 2024 California Expands Coogan Law to Include Child Influencers

In September 2024, California enacted legislation requiring parents who profit from their children’s appearances as social media influencers to set aside a portion of those earnings for the minors. This law extends protections similar to those in the entertainment industry to modern platforms like TikTok and YouTube.

Contract Requirements

When hiring minor actors, the contract must reflect the following key elements:

Work Hours: The number of hours the minor is allowed to work per day and per week, in compliance with state laws.
Presence of Parents/Guardians: A parent or legal guardian must be present on set while the minor is working.
Education Provisions: The contract must specify the arrangements for mandatory schooling hours if filming occurs during the school year.
Trust Account Compliance: If required by state law (e.g., Coogan Accounts in California), the contract must ensure proper allocation of a portion of the minor’s earnings into a trust account.
Rest and Meal Breaks: Clearly stated requirements for breaks and rest periods in line with legal requirements.

Special Considerations

New York: More flexible regarding trust accounts but still enforces wage protections.
California: Stricter about financial protections, requiring the Coogan Trust.
Both states: Follow federal child labor laws but have specific entertainment industry exemptions.

Child Actors vs. Crew Members

In California, the employment of minors in the entertainment industry is governed by specific labor laws to ensure their safety, education, and financial well-being. These regulations apply to both on-camera talent (child actors) and off-camera crew members (such as production assistants, grips, etc.), though certain requirements differ between these roles.

Coogan Accounts

The Coogan Law mandates that employers set aside 15% of a minor’s gross earnings into a Coogan Trust Account, a blocked trust account that safeguards the minor’s earnings until they reach adulthood. This law primarily targets minors employed as performers. However, its application to minors in off-camera crew positions is less explicit. While the law does not explicitly exclude minor crew members, the requirement for Coogan Accounts has traditionally focused on performers. Employers should consult legal counsel to determine if this requirement applies to their specific situation.

Work Permits

Regardless of their role, all minors under 18 employed in the entertainment industry must obtain an Entertainment Work Permit from the California Division of Labor Standards Enforcement (DLSE). This requirement ensures that the employment does not interfere with the minor’s education and adheres to labor laws. Employers are responsible for verifying that the minor has a valid work permit before employment begins.

Educational Requirements

For minors employed in the entertainment industry, California law requires that their education continues uninterrupted. This is typically facilitated by a Studio Teacher who provides on-set education to ensure compliance with state educational standards. This requirement applies to minors in both performing and crew roles, ensuring that their schooling is not compromised due to employment.

In summary, while the core labor laws concerning work permits, hour restrictions, educational requirements, and safety apply uniformly to all minors in the entertainment industry, the specific requirement of establishing a Coogan Trust Account is primarily associated with performing roles.

Conclusion

Producers and legal teams working with child actors should be mindful of these differences to ensure compliance and avoid potential legal issues. California has more stringent financial protections, while New York provides slightly more flexibility in trust account requirements. However, both states prioritize the welfare and education of minor actors in the entertainment industry.

This post is written by lawyer Ernest Goodman, but it is not a consultation and should not be considered legal advice.