An Evolution of the NY Child Performer Laws & Regulation

Child Performers Education & Trust Act

In 2003, New York enacted the Child Performer Education and Trust Act, a very basic law that established the Department of Labor's right to produce and enforce regulations to keep child performers and their earnings safe. At the time, child advocates were told that Labor would then establish more explicit regulations during a separate regulatory process.

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1st Draft of Regulations

In 2010, the Department of Labor published their intent to establish child performer regulations in a New York State agency publication called The New York State Register. Their "Summary of the Rule" failed to provide notice in that it did not include the working conditions or industry changing provisions. Labor failed to notify child performers, although at that time the Department of Labor collected child performer contact information each 6 months during permit renewals. Information spread through word of mouth to child performer families and productions.

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Final Regulations

After several controversial revisions to the proposed regulations, Child Performers Coalitions, along with SAG, AFTRA, Actor's Equity and On Location Education, met at the Governor's Office. The final regulation became effective on April 13, 2013.

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Summary of Child Performer Regulations
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Law Now Includes Child Print & Runway Models

The Model Alliance was formed in 2012 to "work with progressive modeling agencies to give models in the U.S. a voice in their workplace and organize to improve their basic working conditions." In October 2013, Governor Cuomo signed legislation into law, amending the definition of child performer to include runway and print models, removing child model regulation from the Department of Education, and appropriately placing it with the Department of Labor. The new law significantly increases the protections for child models and requires agencies to provide a chaperone to accompany for models under the age of 16 on fashion casting or shooting assignments.

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Comparisons between the Act & the 1st Proposed Reg

Education

 

Employers

 

Trust Funds

 

Work Hours & Reports