N.J. Stat. § 34:2-21.59: Permit; grounds for issuance.

3. a. (1) Prior to employing any minor in any work or activity, an employer in the entertainment industry shall apply to the Department of Labor and Workforce Development for a permit to employ minors in that work or activity.

Upon application of the employer, the Department of Labor and Workforce Development shall issue a permit to employ minors valid for a period of one year if the conditions as to permissible work or activity, as prescribed in P.L.1962, c.91 (C.34:2-21.57 et seq.), are met, and the employment does not involve a type of prohibited performance as defined in section 1 of P.L.1962, c.91 (C.34:2-21.57) or any work or activity which is not hazardous or detrimental to the health, safety, morals, or education of the minors.

(2) Prior to a minor commencing employment in the entertainment industry, the parent or guardian of the minor shall submit an application to the Department of Labor and Workforce Development to obtain an entertainment work permit for the minor.

The application shall include, but not be limited to:

(1) the minor’s name, age, birth date, and address, and the parent or guardian’s name, age, birth date, and address;

(2) written verification from the appropriate school district to confirm the minor's school record, attendance, and compliance with the district’s standards for age, academic performance, attendance, and health;

(3) for minors who are not yet of age for mandatory school attendance and in other circumstances in which the department’s review of school records warrants additional information, the department may require a physical examination to ensure the minor is physically able to perform the work specified in the permit; and

(4) any additional information as deemed necessary and appropriate by the commissioner.

Upon the filing of an application and a determination that all requirements have been met, the department shall issue an entertainment work permit. The permit shall authorize the minor to work only under the conditions specified by P.L.1962, c.91 (C.34:2-21.57 et seq.) and in accordance with all applicable laws regarding the working hours, health, safety, and welfare of minors.

An application for a permit authorizing employment of a minor in a theatrical production made by a parent or guardian of the minor under this section shall be valid for a period of one year that shall permit a minor to work for multiple employers or on multiple productions in accordance with the requirements of P.L.1962, c.91 (C.34:2-21.57 et seq.).

b. A waiver to the requirements for a permit may be issued by the issuing officer or by the Commissioner of Labor and Workforce Development in cases involving a significant contribution to the development of the motion picture industry in the State, as determined by the Motion Picture and Television Development Commission, or for good cause shown, as determined by the issuing officer or the commissioner. In such cases, the commissioner shall also have the authority to alter or amend the hours of the day but not the total hours in the day during which a minor may work if the waiver will not foreseeably impair the educational instruction, supervision, health, and welfare of the minor, and the waiver is necessary for good reasons shown by the employer. The commissioner shall set forth the terms of any waiver in the permit. The department may issue a waiver to an employer electronically, and the employer shall maintain a copy of the waiver at the place of employment. The employer shall make the waiver available to the department for inspection upon request.

c. During a state of emergency or public health emergency, any aspect of the permit authorization process requiring the personal appearance of the minor or the minor's parent or guardian may be satisfied through the use of audio-visual technology in a manner consistent with the provisions of subsection b. of section 8 of P.L.1940, c.153 (C.34:2-21.8).

d. The Department of Labor and Workforce Development shall establish and maintain a registration system for authorizing permits to an employer to employ a minor or to a minor to authorize the minor to work in a theatrical production that is independent from the registration database for minors established in section 6 of P.L.2022, c.63 (C.34:2-21.1a). The registration system for employment of a minor in accordance with this section shall require the creation of a registration account for the purpose of obtaining a permit for employment of a minor in a theatrical production by:

(1) the parent or guardian of the minor seeking authorization for the minor to work; and

(2) the employer seeking to employ a minor.

The registration system shall provide for a minor to create an account that is linked to the account of the parent or guardian of the minor.

Any person applying for a permit pursuant to this section shall not also be required to register in the database established in section 6 of P.L.2022, c.63 (C.34:2-21.1a) if the sole purpose for the registration is for the permit authorizing the employment of the minor in a theatrical production because the registration system created by P.L.2025, c.382 shall be the exclusive process for obtaining that permit.

e. Upon application by a parent or guardian, and prior to the first employment of a minor in a theatrical production, the commissioner may issue a temporary child performer permit in order to give the parent or guardian of the minor time to:

(1) establish a trust account for the minor as required by law; or

(2) produce all documentation required by the department for the issuance of a permit authorizing the employment of a minor in a theatrical production.

f. A temporary child performer permit issued in accordance with subsection e. of this section shall be valid for 15 days from the date of issuance and may be issued only once for a specified minor.

g. (1) In accordance with subsection b. of this section, an employer may apply for a waiver of any permit requirement for the employment of a minor when compliance would be impracticable due to production-specific circumstances, provided that the health, safety, and welfare of the minor are maintained. An employer shall submit a request for a waiver of a permit requirement for the employment of a minor in writing, which may include electronic communication and shall include a summary of:

(a) any provision for which a waiver is requested;

(b) the circumstances necessitating the request;

(c) the anticipated duration of the waiver; and

(d) the minor impacted by the waiver.

(2) An employer shall submit a request for a waiver under this subsection as far in advance as is reasonable and practical under the circumstances. The department may consider and approve a request for a waiver on an expedited basis, including, but not limited to, a request made on short notice, when deemed necessary and appropriate.

L.1962, c.91, s.3; amended 1977, c.430, s.2; 1981, c.147, s.2; 1981, c.331, s.5; 2021, c.162, s.3; 2025, c.382, s.3.