NY Lab L § 151 (2021)
2021 New York Laws LAB - Labor Article 4-A - Employment and Education of Child Performers 151 - Employment Requirements.

§  151. Employment requirements. 1. (a) Notwithstanding the provisions of section 35.01 of the arts and cultural affairs law, a child performer may be employed, used or exhibited in any of the exhibitions, rehearsals or performances set forth in subdivision one of  section  35.01  of  the arts  and  cultural  affairs  law  if  a child performer permit has been issued in accordance with the provisions of this section.  (b) A child performer shall be required to have an employment  permit. Employment permits for child performers shall be valid for one year from the date of issuance.  (c)  An  application  for  a child performer permit shall be made on a form prescribed by the department and shall contain such matters as  the department may deem to be necessary, including the following:  (i) the true and stage name and the age of the child, and the name and address of his parent or guardian;  (ii) the written consent of the parent or guardian;  (iii)  the  evidence  provided by the child performer each semester to the department demonstrating that such child is maintaining satisfactory academic performance as determined by the child  performer's  school  of enrollment pursuant to state law.  (d)  At  the  time a child performer applies for an employment permit, the commissioner shall inform the child performer of the child performer trust requirements. The commissioner shall  provide  a  notice  in  bold twelve  point  type  to  read  as  follows: "NEW YORK STATE LAW REQUIRES FIFTEEN PERCENT OF A CHILD PERFORMER'S EARNINGS TO BE PLACED IN TRUST IN ACCORDANCE WITH PART 7 OF ARTICLE 7 OF THE ESTATES,  POWERS  AND  TRUSTS LAW.  THE CHILD PERFORMER'S PARENTS OR GUARDIAN MUST ESTABLISH THE CHILD PERFORMER TRUST ACCOUNT TO COMPLY WITH  THIS  REQUIREMENT.  THE  CHILD'S PARENTS OR GUARDIAN MUST PROVIDE THE CHILD PERFORMER'S EMPLOYER WITH THE INFORMATION  NECESSARY  TO TRANSFER THESE MONIES TO THE ACCOUNT. FAILURE TO COMPLY WITH THIS REQUIREMENT WILL PREVENT  THE  DEPARTMENT  OF  LABOR FROM RENEWING THE CHILD'S PERMIT TO WORK AS A CHILD PERFORMER."  (e)  No  permit  shall  allow a child to participate in an exhibition, rehearsal or performance which is harmful to the welfare, development or proper education  of  such  child.  A  permit  may  be  revoked  by  the department for good cause.   2. Prior to employment of a child performer, every person, or agent or officer  of  any  entity  employing  a  child  performer shall receive a certificate  of  eligibility  to  employ  a  child  performer  from  the department.   Each   application   for  initial  registration  shall  be accompanied by a  fee  determined  by  the  commissioner  in  an  amount sufficient  in  the  aggregate  to  defray  the  department's  costs  of administering the registration program, provided, that  such  fee  shall not  exceed  three hundred fifty dollars for initial registration or two hundred  dollars  for  registration  renewal.  Companies  that   operate theaters  of  four  hundred ninety-nine seats or fewer shall pay no more than two hundred dollars for an initial  and  renewal  certificates.  An employers'  certificate  of  eligibility  shall  be  renewed every three years.   3. Every person, or agent  or  officer,  employing  child  performers, either  directly or indirectly through third persons, shall keep on file all permits and certificates, either to work or to employ, issued  under this  article  or pursuant to the education law. The files shall be open at all times to the inspection of the school  attendance  and  probation officers,  the  state  board  of  education, and the department. No such authority shall be denied entrance to such place of employment of  child performers.  If  such  authority  is  denied  entrance  to such place of employment, or if any violations of laws relating to the  employment  of child  performers  are  found  to exist, such authority shall report the  violation  to  the  department.  Such  report  shall  be   made   within forty-eight  hours  and shall be in writing, setting forth the fact that he or she has good cause to believe that such laws are being violated in such place of employment and describing the nature of the violation.   4.  (a)  The  work  permit  of  a child performer in the entertainment industry shall not be renewed, nor shall a  subsequent  work  permit  be issued,  unless  the  parent  or guardian demonstrates to the department that a child performer trust account in accordance with  part  seven  of article seven of the estates, powers and trusts law has been established for the benefit of the child performer.  (b)  The  limitation  set  forth  in paragraph (a) of this subdivision shall not  apply  to  the  issuance  of  an  employer's  certificate  of eligibility or to a child performer covered by an employer's certificate of  eligibility  who  subsequently seeks to obtain an initial individual permit to work.   5. Failure to produce any permit or certificate either to work  or  to employ  is  prima  facie evidence of the illegal employment of any child performer whose permit or certificate is not produced.  Proof  that  any person  was  the  manager  or  superintendent of any place of employment subject to the  provisions  of  this  article  at  the  time  any  child performer is alleged to have been employed therein in violation thereof, is  prima facie evidence that the person employed or permitted the child performer to work. The sworn statement of the commissioner,  or  his  or her  deputy  or agents, as to the age of any child performer affected by this article is prima facie evidence of the age of such child.