N.Y. Labor Law § 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.