Hours of Work

Hours of Work & Concurrent Requirements

Work Day:

A minor may work between the hours of 5:00 am & 10:00 pm on nights preceding school days or 5:00 am & 12:30 am on nights preceding non-school days.

Age Max Work Time Education Rest & Recreation Meal Period Max. Time At Location
15 days – 5+ mo. 20 min (See “Infants” section below) 2 hours
6 mo. – 1+ years 2 hours 0 2 hours .5 hour 4.5 hours
2 – 5+ years 3 hours (3 hours Education / R & R) .5 hour 6.5 hours
6 – 8+ years 4 hours 3 hours 1 hour .5 hour 8.5 hours
Non-school days 6 hours 0 2 hours .5 hour 8.5 hours
9 – 15+ years 5 hours 3 hours 1 hour .5 hour 9.5 hours
Non-school days 7 hours 0 2 hours .5 hour 9.5 hours
16 – 17+ years 6 hours 3 hours 1 hour .5 hour 10.5 hours
Non-school days 8 hours 0 2 hours .5 hour 10.5 hours

Minors in the entertainment industry may not work more than eight hours in a day [LC 1308.7 and 1392] or more than 48 hours in a week [LC 1308.7]. They may only work between the hours of 5 a.m. and 10 p.m. (to 12:30 a.m. on days preceding a nonschoolday) [LC 1308.7]. “Schoolday” means any day that a minor is required to attend school for 240 minutes or more [LC 1308.7]. Exception: Upon the Labor Commissioner’s approval following a written request (submitted 48 hours in advance), a minor aged eight to 18 may continue his or her part past 10 p.m. up to 12 midnight preceding a schoolday in a “presentation, play, or drama” which begins before 10 p.m. [LC 1308.5(a)(4)]. This exception may never be construed to allow the minor to be at the place of employment more than the maximum number of hours permitted in law or regulation. In addition, state regulation establishes minimum workhour standards for individual age groups as described below.

Infants aged 15 days to 6 months may be at the place of employment for one period of two consecutive hours, which must occur between 9:30 a.m. and 11:30 a.m. or between 2:30 p.m. and 4:30 p.m. [8 CCR 11764]. Actual work may not exceed 20 minutes under any circumstances [8 CCR 11760]. Infants may not be exposed to light exceeding 100 foot-candles for more than 30 seconds at a time. A studio teacher and a nurse must be present for each three or fewer infants aged 15 days to six weeks. A studio teacher and a nurse must be present for each 10 or fewer infants aged six weeks to six months [8 CCR 11755.2 and 11760]. A parent or guardian must always be present [8 CCR 11757].

Minors aged six months to two years may be at the place of employment for up to four hours, and may work up to two hours. The remaining time must be reserved for the minor’s rest and recreation [8 CCR 11760].

Minors aged two years to six years may be at the place of employment for up to six hours, and may work up to three hours. The remaining time must be reserved for the minor’s rest and recreation [8 CCR 11760].

Minors aged six years to nine years when school is in session may be at the place of employment for up to eight hours, the sum of four hours work, three hours schooling, and one hour of rest and recreation. When school is not in session, work time may be increased up to six hours, with one hour of rest and recreation [8 CCR 11760].

Minors aged nine years to 16 years when school is in session may be at the place of employment for up to nine hours, the sum of five hours work, three hours schooling, and one hour of rest and recreation. When school is not in session, work time may be increased up to seven hours, with one hour of rest and recreation [8 CCR 11760].

All minors aged six months to 16 years must be provided with one studio teacher for each group of 10 or fewer minors when school is in session, and for each group of 20 or fewer minors on Saturdays, Sundays, holidays, or during school vacations [8 CCR 11755.1]. In addition to the studio teacher, a parent or guardian must always be present [8 CCR 11757].

Exception: Minors under 16 do not require the presence of a studio teacher for up to one hour for wardrobe, make-up, hairdressing, promotional publicity, personal appearances, or audio recording if these activities are not on the set, if school is not in session, and if the parent or guardian is present [8 CCR 11762].

Minors aged 16 years to 18 years when school is in session may be at the place of employment for up to 10 hours, the sum of six hours work, three hours schooling, and one hour of rest and recreation. When school is not in session, work time may be increased up to eight hours, with one hour of rest and recreation [8 CCR 11760]. Studio teachers need only be present for the minors’ schooling, if schooling is still required [8 CCR 11760]. A parent or guardian need not be present.

The time minors may be permitted at the place of employment may be extended by no more than one-half hour for a duty-free meal period [8 CCR 11761].

All travel time between the studio and a location counts as work time. Up to 45 minutes travel from on-location overnight lodging to a worksite is not generally considered work time. Travel between school or home and the studio is not work time [8 CCR 11759].

All time spent in make-up or hairdressing in the minor’s home, with the assistance of studio personnel, is considered work time. No make-up person or hairdresser may work on a minor in the minor’s home before 8:30 a.m. Twelve hours must elapse between the time the minor is dismissed on one day and the time make-up or hairdressing begins on the following day [8 CCR 11763].

Twelve hours must elapse between the minor’s time of dismissal and call time on the following day. If the minor’s regular school starts less than 12 hours after his or her dismissal time, the minor must be schooled the following day at the employer’s place of business [8 CCR 11760(i)].

Minors who attend regular school may not work in the entertainment industry for the same number of hours as minors tutored by studio teachers. Minors tutored by studio teachers need only be instructed for three hours a day [EC 48224; 8 CCR 11760] while minors in regular school are generally required to attend school for a much longer time. Clearly, minors who attend regular school cannot assume the same workhour burden as tutored minors. Consequently, the Division of Labor Standards Enforcement adopted an enforcement policy for minors who attend regular school. This policy computes the length of the workday for minors who attend regular school by subtracting six hours from the maximum number of hours that tutored minors are permitted on set when school is in session. For example, tutored minors nine to 16 years of age are permitted to be on set for up to nine hours, therefore minors who attended regular school on a workday would be permitted to be on set for up to three hours. Such workdays for minors attending regular school do not require a one-hour rest and recreation period, but they may be extended one-half hour by a meal period. Finally, the Division of Labor Standards Enforcement’s policy always assumes that the minor who attends regular school always attends for at least six hours. Thus, in an effort to safeguard the minor’s educational interests, an artificially shortened regular schoolday is never allowed to result in an employer benefit of extended work hours.

Nothing in the Division of Labor Standards Enforcement’s policy for minors who attend regular school may be construed to allow those minors to work during regular school hours. The Division of Labor Standards Enforcement’s policy is specifically designed to dissuade any interruption of a minor’s regular school attendance requirements. There is only one exception. A minor 14 years of age or older who attends regular school may work up to eight hours during regular school hours for each of two consecutive days upon the written permission of the minor’s school [8 CCR 11760(h)].

No law exempts minors employed in the entertainment industry from any of the prohibited occupations listed in Chapters 7 and 8 of this digest, except those entertainment activities cited in Labor Code Section 1308.

Neither studio teachers nor the Labor Commissioner are empowered to waive—at any time or under any circumstances—any minimum labor standard established in law or regulation. Exception: The special exemption described above allowing minors aged 8 to 18 to work past 10 p.m. up to 12 midnight on a school night.

Source:  California State Department of Industrial Relations

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