Child Performers Protection Act of 2015

Summary: Child Performers Protection Act of 2015 This bill amends the Fair Labor Standards Act of 1938 to revise the application of child labor requirements and prohibitions with respect to child performers to specify new limitations on the number of hours such children may be employed at the place of employment. An employer or contractor may not: (1) employ any child performer unless a trust meeting specified requirements has been established on the child performer's behalf and the employer has obtained the account number of the trust account or other proof of its existence; or (2) compensate a child performer in any form besides cash wages, exclusive of board, lodging, or facilities. Any employment or contracting of a child performer that is not in accordance with such limitations and requirements shall be treated as oppressive labor. Certain work hour restrictions shall not apply to child performers employed in a live theatrical production.  Any individual in a supervisory role with respect to a child performer shall be liable for unlawful discrimination on the basis of sex against a child performer whether or not the individual is employed by or contracted by a covered employer or contractor. Any child performer aggrieved by unlawful harassment on the basis of sex, or the performer's parent or guardian, may bring a civil action in any federal court of competent jurisdiction to recover equitable relief and compensatory and punitive damages, costs, and attorneys fees. The employer of an individual who is alleged to have engaged in unlawful harassment on the basis of sex against a child performer shall conduct an internal review of its policies and procedures for protecting child performers and ensuring appropriate compliance with the Fair Labor Standards Act of 1938.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Child Performers Protection Act of 
2015''.

SEC. 2. PROTECTIONS FOR CHILD PERFORMERS.

    (a) Application of Child Labor Provisions.--Section 13(c)(3) of the 
Fair Labor Standards Act of 1938 (29 U.S.C. 213(c)(3)) is amended to 
read as follows:
            ``(3)(A) The provisions of section 12 relating to child 
        labor shall not apply to any child performer if employment or 
        contracting of the child performer is in accordance with the 
        following:
                    ``(i)(I) An infant who has not reached six months 
                of age may be permitted to remain at the place of 
                employment or contracting for no more than 2 hours.
                    ``(II) A child performer age six months to twenty-
                four months may be permitted to remain at the place of 
                employment or contracting for no more than 4 hours a 
                day.
                    ``(III) A child performer age 2 years to 6 years 
                may be permitted to remain at the place of employment 
                or contracting for no more than 6 hours a day.
                    ``(IV) A child performer age 6 years to 9 years may 
                be permitted to remain at the place of employment or 
                contracting for no more than 8 hours per day.
                    ``(V) A child performer age 9 years to 16 years may 
                be permitted to remain at the place of employment or 
                contracting for no more than 9 hours per day.
                    ``(ii) An employer or contractor may not employ any 
                child performer unless a trust account has been 
                established on behalf of the child performer and the 
                employer has obtained the account number of such trust 
                account or other proof of the existence of the trust 
                account. A trust account described in this clause is 
                one in which--
                            ``(I) not less than 15 percent of the 
                        earnings of the child performer shall be 
                        deposited;
                            ``(II) the child performer has no access to 
                        the funds in the account until the child 
                        performer reaches the age of 18; and
                            ``(III) the parents or legal guardians of 
                        the child performer shall have no access to the 
                        trust account except in circumstances of 
                        financial hardship stipulated in the agreement 
                        with the financial institution providing the 
                        trust account, which stipulations shall be in 
                        accordance with regulations issued by the 
                        Secretary.
                    ``(iii) An employer or contractor may not provide 
                compensation to any child performer in any other form 
                other than cash wages, exclusive of board, lodging, or 
                facilities.
            ``(B) Employment or contracting of a child performer that 
        is not in accordance with limitations and requirements of 
        clauses (i) through (iii) of subparagraph (A) shall be treated 
        as oppressive child labor for purposes of section 12.
            ``(C) The work hour restrictions set forth in clause (i) of 
        subparagraph (A) shall not apply to child performers employed 
        in a live theatrical production, including theater, opera, and 
        dance.''.
    (b) Conforming Amendments.--Section 3 of the Fair Labor Standards 
Act of 1938 (29 U.S.C. 203) is amended--
            (1) in subsection (l), by adding at the end the following: 
        ``For purposes of this subsection only, the term `employer' 
        includes any person who contracts with a child performer who is 
        an independent contractor, the term `employee' includes a child 
        performer who is an independent contractor, and the term 
        `employment' includes an independent contract between any 
        person and a child performer.''; and
            (2) by adding at the end the following:
    ``(z) Child Performer.--The term `child performer' means a child 
under the age of 18 employed or contracted as an actor or performer in 
a motion picture or live theatrical production, or in a radio or 
television production, or as a model for a fashion show, showroom, or 
similar production or for commercial media.''.

SEC. 3. LIABILITY FOR SEXUAL HARASSMENT OF CHILD PERFORMERS.

    (a) Unlawful Harassment on the Basis of Sex Against a Child 
Performer.--It shall be unlawful sex discrimination for any individual 
in a supervisory role with respect to a child performer to engage in 
any conduct constituting harassment on the basis of sex against the 
child performer.
    (b) Liability.--Any individual in a supervisory role with respect 
to a child performer shall be liable for unlawful sex discrimination 
for harassment on the basis of sex against a child performer in 
violation of subsection (a) whether or not such individual is employed 
by or contracted by a covered employer or contractor.
    (c) Right of Action.--Any child performer aggrieved by a violation 
of subsection (a), or a parent or guardian of such child performer may 
bring a civil action in any Federal court of competent jurisdiction to 
recover from an individual who violates such subsection with respect to 
such child performer, equitable relief and compensatory and punitive 
damages, costs, and attorneys fees.
    (d) Definitions.--As used in this Act--
            (1) the term ``child performer'' has the meaning given such 
        term in section 3(z) of the Fair Labor Standards Act of 1938 
        (as added by section 2);
            (2) the term ``covered employer or contractor'' means an 
        employer or other entity that employs or contracts with a child 
        performer;
            (3) the term ``harassment on the basis of sex'' with 
        respect to a child performer means any verbal or physical 
        conduct of a sexual nature where--
                    (A) submission to such conduct is made implicitly a 
                term or condition of a child performer's employment or 
                contract, or is used as the basis for decisions 
                affecting the child performer's employment or contract; 
                or
                    (B) such conduct has the purpose or effect of 
                interfering with a child performer's performance, or 
                creates an intimidating, hostile, or offensive working 
                environment; and
            (4) the term ``individual in a supervisory role with 
        respect to a child performer'' means an employee or independent 
        contractor of an employer or other entity that employs or 
        contracts with a child performer who has direct supervision 
        over the child performer or is responsible for working with the 
        child performer in any capacity in furtherance of the 
        performance or artistic expression of the child performer, 
        including an agent, manager, casting director, child wrangler, 
        director, photographer or cinematographer, makeup artist, and 
        wardrobe assistant.

SEC. 4. REVIEW OF POLICIES AND PROCEDURES BY EMPLOYERS.

    In any case where a violation of section 3(a) is alleged, the 
employer of the individual or individuals alleged to have committed the 
violation shall conduct an internal review of its policies and 
procedures for protecting child performers and ensuring compliance with 
section 13(c)(3) of the Fair Labor Standards Act of 1938 (29 U.S.C. 
213(c)(3)), as amended by section 2.

SEC. 5. RELATIONSHIP TO STATE LAW AND COLLECTIVE BARGAINING AGREEMENTS.

    (a) State Law.--This Act and the amendments made by this Act shall 
not be construed to preempt any law or regulation of a State or a 
political subdivision of a State containing requirements that are 
greater than the requirements of this Act and the amendments made by 
this Act.
    (b) Collective Bargaining Agreements.--This Act and the amendments 
made by this Act shall not be construed to preempt any collective 
bargaining agreement or any contract that establishes more stringent 
requirements.