Although school officials may not issue work permits for employment in the entertainment industry, written verification from the minor’s school demonstrating a satisfactory academic and attendance record must accompany the application for an individual permit. The verification must come from an authorized school official. Minors who attend a charter school must obtain the written verification from either the minor’s school or the authority that granted the school’s charter. Minors who are schooled in a setting other than a public school classroom must obtain the written verification from either the local school district or the county office of education where the minor lives. Exceptions: (1) Minors who attend a private full-time day school [EC 48222] must obtain the written verification from the principal or other person having charge of the private school. (2) Minors who are instructed by a private tutor pursuant to EC 48224 must obtain the written verification from either the local school district or the county office of education where the minor lives. (3) Minors who participate in independent study through the local public school system [EC 51745, et seq.] must obtain the written verification from either the minor’s school, the local school district, or the county office of education where the minor lives. If school is not in session (i.e., school break, vacation, holiday, etc.), either the minor’s most recent report card or a letter on school letterhead from the principal or other person having charge of the minor’s school, or a letter on district letterhead from an official of the local school district where the minor lives, or a letter on the county board of education’s letterhead from an official of that agency indicating that the minor’s scholastic record, attendance and health are all satisfactory or better, is required. An entertainment work permit based on the minor’s report card or any of the aforementioned letters will be effective only for the particular period during which the minor’s school is not in session. If a minor is from out of state, either the minor’s most recent report card or a letter on school letterhead from the principal or head administrator of the minor’s school indicating that the minor’s scholastic record, attendance and health are all satisfactory or better is required.
The Division of Labor Standards Enforcement may also require a physical examination to ensure that the minor is physically able to perform the duties required [8 CCR 11753].
Blanket permits are issued for groups of minors hired for special events or particular productions lasting a limited time [8 CCR 11754]. Employers obtain these permits after demonstrating proof of workers’ compensation coverage and that a parent or guardian will accompany each group of 20 minors or fraction thereof [8 CCR 11754]. The Division of Labor Standards Enforcement requires that school verification and parental consent forms for each minor accompany the application. Minors are not individually named on the permit, but a list of minors’ names submitted by the employer is attached. Appropriate numbers of studio teachers must be supplied [8 CCR 11754]. Special arrangements must be made for groups of 100 minors or more [8 CCR 11754]. These permits expire at the end of the special event for which they are issued.
Employers in the entertainment industry must possess a Permit to Employ Minors in the Entertainment Industry issued by the Division of Labor Standards Enforcement when employing minors under either an individual or blanket permit [8 CCR 11751(b)]. Application forms for these permits may be obtained from any Division of Labor Standards Enforcement office. Employers must demonstrate proof of workers’ compensation coverage. The permit is issued for an indefinite period, but the Division of Labor Standards Enforcement’s policy requires that any interruption of workers’ compensation requires a new application. Permits to employ may be denied, revoked, or suspended for any violation of law or regulation or any discrimination against a studio teacher for performing duties authorized and required by law and regulation for the protection of their minor charges [8 CCR 11758 and 11758.1].
Exception: Minors of any age may appear in the following venues without permits [LC 1310]:
• In any church, public or religious school, or community entertainment;
• In any school entertainment or in any entertainment for charity or for children, for which no admission fee is charged;
• In any radio or television broadcasting exhibition, where the minor receives no compensation directly or indirectly therefor, and where the engagement of the minor is limited to a single appearance lasting not more than one hour, and where no admission fee is charged for the radio broadcasting or television exhibition;
• At any one event during a calendar year, occurring on a day on which school attendance is not required or on the day preceding such a day, lasting four hours or less, where a parent or guardian of the minor is present, for which the minor does not directly or indirectly receive any compensation.
• High school graduates and minors who have been awarded a certificate of proficiency pursuant to EC 48412 (such certificate being equivalent to a high school diploma), also do not require permits [LC 1286(c), 8 CCR 11750].
A school may excuse the absences of a pupil who holds an entertainment work permit or who participates with a not-for-profit arts organization in a performance for a public school audience [EC 48225.5]. The law limits the number of excused absences for a child holding an entertainment work permit to five absences per school year, each of which may consist of up to five days. A child who is absent due to participation in a non-profit public school performance is limited to five excused absences per school year.
A child who receives an excused absence for participation in a not-for-profit arts organization performance at a public school must be allowed to make up missed assignments and receive credit for all work satisfactorily completed. A child excused from school attendance because of employment in the entertainment industry must be instructed during the absence by a studio teacher certified by the Labor Commissioner in accordance with Section 11755 of Title 8 of the California Code of Regulations. All work, grades, and credit that the pupil completes with the studio teacher must be accepted by the school district or county superintendent of schools [EC 48225.5].
Source: California Department of Industrial Relations