Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 250 - ILLINOIS CHILD LABOR LAW › Subpart C - HOURS OF EMPLOYMENT › Section 250.305 - Applying for a Section 8.1(b) Work Hours Waiver

Current through Register Vol. 48, No. 28, July 12, 2024
a) No employer subject to the provisions of
				the Act shall employ, permit or allow a child performer to work in a
				television, motion picture, or a related entertainment production (as defined
				in Section
				250.105)
				between 7 p.m. and 7 a.m. from Labor Day to June 1 or between 9 p.m. and 7 a.m.
				from June 1 until Labor Day, without first obtaining a certificate for a work
				hours waiver from the Department of Labor.
b) An official application form for a work
				hours waiver shall be provided by the Department. The employer shall answer all
				questions contained on the form, including, but not limited to: the name,
				address and birth date of the child performer at issue; the specific work hours
				during a particular date for which the employer requests the waiver; the name,
				address and telephone number of the person that the employer has assigned and
				authorized to supervise the child performer during the work hours covered by
				the application for a waiver; a specific description of the child performer's
				performance, including information concerning the plot of the movie or
				television series and, if a commercial or music video, its essential lyrics;
				and a description and address of the exact place(s) where the child performer
				will work during the hours covered by the waiver request, including information
				concerning the surrounding physical set or physical environment.
c) The employer shall attach to the
				application for a work hours waiver a copy of the child performer's valid
				employment certificate, issued pursuant to Sections 9 - 12 of the
				Act.
d) The application must be
				signed and dated by a parent or legal guardian of the child performer, the
				employer, and an authorized representative of a collective bargaining unit, if
				a union represents the child performer upon employment.
e) The Department will evaluate the
				application to consider whether the waiver would be detrimental to the health
				or welfare of the child performer, whether the child performer would be
				supervised adequately; and whether the education of the child performer would
				be neglected. For purposes of a nighttime waiver evaluation, work hours between
				12:30 a.m. and 5:00 a.m. will generally be presumed to be detrimental to the
				welfare of the child performer.
f)
				Any employer seeking a work hours waiver shall submit an application to the
				Department as soon as is practicable, but no less than 48 hours prior to any
				nighttime hours to be worked between Monday night and Thursday night/Friday
				morning at 9:00 a.m.
Waiver requests for nighttime hours to be worked over the
				  weekend (between Friday evening at 7:00 p.m. or 9:00 p.m. as established in
				  subsection (a), until 9:00 a.m. on the following Monday) must be submitted to
				  the Department no later than 5:00 p.m. on the Thursday prior.
Alternatively, the employer may submit a combined request for
				  a work hours waiver for up to one work week at a time. Such weekly waivers must
				  be submitted to the Department by no later than 5:00 p.m. on the Thursday
				  prior.