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.
