MN Statutes applicable to Young Performers.htm

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Age Requirements for Specific Kinds of Entertainment Employment: Age Restrictions

Minn. Stat. 181A.07

Any minor employed as an actor, model, or performer shall be exempt from the minimum age provision.

See SAG Contracts Template for the following applicable provisions: Producer - SAG Codified Basic Agmt. of 1995 as amended by the 1998 Memorandum of Agmt. 50.F; SAG Codified Basic Agmt. of 1995 for Independent Producers?50.F.

Educational Requirements for School Attendance

Minn. Stat. 120A.22

Every child between seven and 16 years of age must receive instruction. Every child under the age of seven who is enrolled in a half-day kindergarten, or a full-day kindergarten program on alternate days, or other kindergarten programs shall receive instruction.

Once a pupil under the age of seven is enrolled in kindergarten or a higher grade in a public school, the pupil is subject to the compulsory attendance provisions unless the board of the district in which the pupil is enrolled has a policy that exempts children under seven from this subdivision. A parent or guardian may withdraw the pupil from enrollment in the school for good cause by notifying the district. Good cause includes, but is not limited to, enrollment of the pupil in another school, or the immaturity of the child.

Enforcement Provisions and Penalties for Employers

Minn. Stat. 181A.12: An employer who refuses to make certificates or lists available as required shall be assessed a $ 500 fine.

See SAG Contracts Template for the following applicable provisions: SAG 1997 Commercials Contract (to be revised by the SAG 2000 Commercials Contract) Schedule A.I.AA.(5)(d), Schedule D.IV.17.R.(5)(d); Amended 1993-1995 SAG - Producer Interactive Media Agmt. as extended ?31.G.(4); Producers - SAG 1996 Codified Industrial and Educational Contract ?62.F.(4).

An employer or other person violating any provision of the child labor laws or any rules issued pursuant thereto or assisting another in such violation is guilty of a misdemeanor. An employer who engages in repeated violations is also guilty of a gross misdemeanor. An employer who engages in a single violation is guilty of a gross misdemeanor if the violation results in the death of the minor or substantial bodily harm to the minor.

Minors under the age of 18 injured in hazardous employment (each employee) $5,000;

Penalty for Employment of a high school student under the age of 18 in violation of maximum hours (each employee) $1,000;

Penalty for Employment of minors under the age of 18 in occupations hazardous or detrimental to their well-being (each employee) $1,000;

Penalty for Employment of minors under the age of 16 in occupations hazardous or detrimental to their well-being (each employee) $1,000;

Penalty for Fines: Employment of minors under the age of 16 during school hours while school is in session (each employee) $500;

Penalty for Employment of minors under the age of 16 before 7:00 a.m (each y) $500;

Penalty for Employment of minors under the age of 16 after 9:00 p.m (each employee) $500;

Penalty for Employment of minors under the age of 16 over eight hours a day (each employee) $500;

Penalty for Employment of minors under the age of 16 over 40 hours a week (each employee) $500;

Penalty for Minors employed without proof of age (each employee) $250.

Protection of Minor's Earnings

Minn. Stat. 181.01

Any parent or guardian claiming the wages of a minor in service shall so notify the employer and, if failing to do so, payment to the minor of wages so earned shall be valid.

Safety Requirements

Supervision

If this a SAG Signatory Production, then the SAG contract provisions may apply.

Screen Actors Guild 1997 Commercials Contract (to be revised by the Screen Actors Guild 2000 Commercials Contract) Schedule A.I.AA.5.(g) & (h), Schedule D.IV.17.R.(5)(g); Amended 1993-1995 Screen Actors Guild - Producer Interactive Media Agreement as extended ?31.G.(6); Producers - Screen Actors Guild 1996 Codified Industrial and Educational Contract ?62.F.(7).

Conditions of Employment

Minn. Stat. 181A.06

Every employer shall require proof of the age of any minor employee or prospective employee by requiring the minor to submit an age certificate, a copy of the minor's birth record, a copy of the minor's driver's license, or a United States Department of Justice Immigration and Naturalization Service Employment Eligibility Verification Form I-9. Upon the request of a minor, an age certificate shall be issued by or under the authority of the school superintendent of the district in which the applicant resides. Superintendents, principals, or headmasters of independent or parochial schools shall issue age certificates to minors who attend such schools.

See SAG Contracts Template for the following applicable provisions: SAG 1997 Commercials Contract (to be revised by the SAG 2000 Commercials Contract) Schedule A.I.AA, Schedule D.IV.17.R; Amended 1993-1995 SAG - Producer Interactive Media Agmt. as extended ?31; Producers - SAG 1996 Codified Industrial and Educational Contract ?62.

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Minn. Stat. 181A.06

The age certificate shall show the age of the minor, the date of birth, the date of issuance of the certificate, the name and position of the issuing officer, the name, address, and description of the minor, and what evidence was accepted as proof of age. The age certificate shall also show the name of the employer, the proposed occupation, and shall state that a separate employment certificate is required for minors under 16 to work on regular school days during school hours. It shall be signed by the issuing officer and by the minor in the officer's presence. An age certificate shall not be issued unless the minor's birth record or photocopy or extract thereof is exhibited to the issuing officer, or unless such evidence was previously examined by the school authorities and the information is shown on the school records. If a birth record is not available, other documentary evidence shall be accepted only as provided by the rules or orders of the department. The employer shall keep an age certificate for the duration of the minor's employment and shall keep on file all age certificates, copies of birth records or copies of drivers' licenses presented to the employer pursuant to subdivision 1, where they may be readily examined by an agent of the division of labor standards.

Inspection of Work Site

Minn. Stat. 181A.08

The commissioner, an authorized representative, or any truant officer may enter and inspect the place of business or employment and may interview any employees, of any employer of employees in any occupation in the state, all for the purpose of ascertaining whether any minors are employed contrary to the child labor laws. Such authorized persons may require that employment certificates, age certificates, and lists of minors employed shall be produced for their inspection.

Prohibited Employment or Occupations

Minn. Stat. 181A.04

No minor under the age of 18 shall be permitted to work in any occupation which the commissioner shall find to be particularly hazardous for the employment of children under 18 years of age or detrimental to their well-being.

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Minn. R. 5200.0920

No minor under the age of 16 may be employed: A. in or about airport landing strips and taxi or maintenance aprons; B. as a driver of a motor vehicle or an outside helper thereon; C. as loaders or launchers for skeet or trap shooting; D. to lift or carry, or otherwise personally care for, patients in hospitals or nursing homes; E. to do welding of any kind; F. to operate or assist in the operation of machinery; G. in oiling, cleaning, or maintaining any power-driven machinery, either portable or stationary, while in motion or at rest; H. in work involving the use of pits, racks, or lifting apparatus at service stations or in mounting tires on rims; I. in processing plants to do work which includes killing, plucking, singeing, drawing, brining, smoking, slicing, grinding, chopping, or cutting operations; J. in walk-in meat freezers or meat coolers, except that occasional entrance to such areas which is incidental to the occupation is not prohibited; K. in any occupation in agriculture that the U.S. secretary of labor finds and declares to be particularly hazardous for the employment of children below the age of 16; L. in any manufacturing or commercial warehouse, to do work which includes packaging, shelving, stock-clerking, or cleaning; or M. in a car wash to attach cars to or detach them from mechanized conveyor lines or to operate or contact the car while it is connected to the conveyor apparatus.

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Minn. R. 5200.0910

No minor under the age of 18 shall be employed: A. In or about a place of employment where chemicals, compounds, dusts, fumes, vapors, gases, or radioactive materials, or other substances are present at excessive temperatures or in injurious, explosive, toxic, or flammable quantities. Minors employed in retail stores, service stations, and automobile service garages are not covered by this prohibition. B. In or about any place where explosives or pyrotechnics are manufactured, stored, handled, or fired. C. In or about logging or lumbering operations and paper mills. D. In or about sawmills, lath mills, shingle mills, or cooperage stock manufacturing plants. E. In or about mines, quarries, and sand or gravel pits. F. In or about construction or building projects. G. In or about ice harvesting operations. H. On boats or vessels used for commercial purposes. Minors performing guide or other nonoperational services are not covered by this prohibition. I. To operate or to assist in the operation of power-driven machinery, including but not limited to: industrial trucks (forklifts); meat saws and meat grinders; milling machines; punch presses, press brakes, and shears; and woodworking machinery such as circular saws, radial saws, jointers, and shaping machines. J. To operate any nonautomatic elevator, lift, or hoisting machine. K. To drive motor vehicles, except in certain circumstances. L. As a brake tender, firefighter, engineer, driver, or conductor for a railroad, street railway, or interurban railroad or in switching or gate-tending. M. As a lifeguard. Minors who have received a Red Cross lifesaving certificate or its equivalent and who work under uninterrupted adult supervision are not covered by this prohibition. N. In aerial acts using such equipment as flying rings, horizontal bars, or trapezes. Nor shall a minor be employed in weight-lifting, balancing, casting, or human pyramiding acts, or as a rope walker, contortionist, or in other exhibitions dangerous or injurious to the life, limb, or health of the minor. O. In the operation, erection, or dismantling of rides or machinery in an amusement park, street carnival, or traveling show, or in the loading or unloading of passengers on rides. y P. In any rooms constituting the place in which intoxicating liquors or 3.2 percent malt liquors are served or consumed or in any tasks involving the serving, dispensing, or handling of such liquors that are consumed on the premises except in certain circumstances. Q. In window-washing, wall-cleaning, painting, or other building maintenance or repair higher than 12 feet above the ground or floor level, using ladders, scaffolding, safety belts, outside vertical conveyors, or like equipment. R. In oxyacetylene or oxyhydrogen welding.

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Minn. R. 5200.0930

EXCEPTIONS: A minor who performs employment tasks which do not require being in or entering the immediate area of the hazardous operation, equipment, or materials is excluded from the prohibitions. A minor who has reached the age of 17 and has graduated from high school shall be excluded from the prohibitions of part 5200.0910. The prohibitions do not apply to a minor working for a corporation totally owned by one or both parents in which the daily corporate business is supervised by the parent or parents.

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Minn. R. 5200.0940

EXEMPTION: The commissioner may grant exemptions for an individual minor when it is determined that said exemption is in the best interests of a minor in accordance with both of the following: A. the minor has a special talent, unique qualifications, or special need for the particular employment for which the exemption is sought; and B. the health, education, or welfare of the minor will not be detrimentally affected by the employment or by the environment in which the employment is to be conducted.

Sexual Conduct

Minn. Stat. 617.246

It is unlawful for a person to promote, employ, use or permit a minor to engage in or assist others to engage minors in posing or modeling alone or with others in any sexual performance or pornographic work if the person knows or has reason to know that the conduct intended is a sexual performance or a pornographic work. Any person who violates this subdivision is guilty of a felony and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $ 20,000 for the first offense and $ 40,000 for a second or subsequent offense, or both.

Wage Requirements

Minimum Wage

U.S. Dept. of Labor, Employment Standards Administration Wage and Hour Division

The minimum wage for a large employer (enterprise with annual receipts of $500,000 or more) is $5.15. The minimum wage for a small employer (enterprise with annual receipts of less than $500,000) is $4.90.

Overtime

U.S. Dept. of Labor, Employment Standards Administration Wage and Hour Division

The overtime premium rate is one and one-half times the employee's regular rate for any time worked over 48 hours.

Work Permit Requirements

Application/ Issuance of Work Permits

Minn. Stat. 181A.05

Any minor 14 or 15 years of age who wishes to work on school days during school hours shall first secure an employment certificate. The certificate shall be issued only by the school district superintendent, the superintendent's agent, or some other person designated by the board of education. The employment certificate shall be issued only for a specific position with a designated employer and shall be issued only in the following circumstances: (1) If a minor is to be employed in an occupation not prohibited and as evidence thereof presents a signed statement from the prospective employer; and (2) If the parent or guardian of the minor consents to the employment; and (3) If the issuing officer believes the minor is physically capable of handling the job in question and further believes the best interests of the minor will be served by permitting the minor to work.

Application/ Issuance of Work Permits

Minn. Stat. 181A.05

The employment certificate shall show the name, address, date of birth and description of the minor, the name and address of the employer, the kind of work to be performed, the hours of exemption, and shall also require the signature of the parent or guardian and the minor in the presence of the issuing officer. If the issuing officer is in doubt about whether the proposed employment is in accordance with these provisions, the officer shall consult with the division before issuing the certificate. Upon termination for any reason of the employment authorized, the employer shall return the employment certificate directly to the issuing officer with a notation showing the date of termination.

Suspension/ Revocation of Work Permit

Minn. Stat. 181A.05, Minn. R. 5200.0960

The issuing officer is authorized to cancel an employment certificate, if the issuing officer determines that such action would be in the best interest of the minor.

Working Hours Requirements

Work Days Limitations

Minn. Stat. 181A.04

No minor under the age of 16 shall be permitted to work any day before 7:00 a.m. or after 9:00 p.m.

See SAG Contracts Template for the following applicable provisions: SAG 1997 Commercials Contract (to be revised by the SAG 2000 Commercials Contract) Schedule A.I.AA, Schedule D.IV.17.R; Producer - SAG Codified Basic Agmt. of 1995 as amended by the 1998 Memorandum of Agmt. ?50.F; SAG Codified Basic Agmt. of 1995 for Independent Producers Section 50.F; Amended 1993-1995 SAG - Producer Interactive Media Agmt. as extended ?31.1.

Work Hours Limitations

Minn. Stat. 181A.04

No employer shall be permitted to work a minor under the age of 16 more than 40 hours a week or more than eight hours in any 24-hour period.

See SAG Contracts Template for the following applicable provisions: SAG 1997 Commercials Contract (to be revised by the SAG 2000 Commercials Contract) Schedule A.I.AA, Schedule D.IV.17.R; Producer - SAG Codified Basic Agmt. of 1995 as amended by the 1998 Memorandum of Agmt. ?50.F; SAG Codified Basic Agmt. of 1995 for Independent Producers ?50.F; Amended 1993-1995 SAG - Producer Interactive Media Agmt. as extended ?31.1.

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Minn. Stat. 181A.04

A high school student under the age of 18 must not be permitted to work after 11:00 p.m. on an evening before a school day or before 5:00 a.m. on a school day, except if they are child performers.

See SAG Contracts Template for the following applicable provisions: SAG 1997 Commercials Contract (to be revised by the SAG 2000 Commercials Contract) Schedule A.I.AA, Schedule D.IV.17.R; Producer - SAG Codified Basic Agmt. of 1995 as amended by the 1998 Memorandum of Agmt. ?50.F; SAG Codified Basic Agmt. of 1995 for Independent Producers ?50.F; Amended 1993-1995 SAG - Producer Interactive Media Agmt. as extended ?31.1.

Work Hours Waiver/ Exception

Minn. Stat. 181A.07; Minn. R. 5200.0910 et seq.. See http://www.doli.state.mn.us/childapp.pdf for the Application for Child Labor Exemption Permit for Actors, Models, Performers Under 16 Years of Age.

The commissioner may grant work hour and work day exemptions for an individual minor if the commissioner finds that such an exemption would be in the best interest of the minor involved. Any minor?s parent of guardian, school official, or youth employment specialist may request an exemption.

See SAG Contracts Template for the following applicable provisions: SAG 1997 Commercials Contract (to be revised by the SAG 2000 Commercials Contract) Schedule A.I.AA.(8)(d), Schedule D.IV.17.R.(8)(d); see also Producer - SAG Codified Basic Agmt. of 1995 as amended by the 1998 Memorandum of Agmt. ?50.F; SAG Codified Basic Agmt. of 1995 for Independent Producers ?50.F; Amended 1993-1995 SAG - Producer Interactive Media Agmt. as extended ?31.1.

Protection of Minors Earnings: Contracts

If this a SAG Signatory Production, then the SAG contract provisions may apply.

Educational Requirements:

Instruction

If this a SAG Signatory Production, then the SAG contract provisions may apply.

See SAG Contracts Template for the following applicable provisions: Producer - SAG Codified Basic Agmt. of 1995 as amended by the 1998 Memorandum of Agmt. ?50.D, E; SAG Codified Basic Agmt. of 1995 for Independent Producers ?50.D, E.

Teacher or Tutor

If this a SAG Signatory Production, then the SAG contract provisions may apply.

Enforcement Provisions and Penalties for Employers:

Conflict of Laws

If this a SAG Signatory Production, then the SAG contract provisions may apply.

See SAG Contracts Template for the following applicable provisions: Producer - SAG Codified Basic Agmt. of 1995 as amended by the 1998 Memorandum of Agmt. ?50; Producers - SAG 1996 Codified Industrial and Educational Contract ?62; Amended 1993-1995 SAG - Producer Interactive Media Agmt. as extended ?32; SAG 1997 Commercials Contract (to be revised by the SAG 2000 Commercials Contract) Schedule A.I.AA, Schedule D.IV.17.R.

Supervision

If this a SAG Signatory Production, then the SAG contract provisions may apply.

Parent or Guardian Requirements:

Duties of Parent/ Guardian

If this a SAG Signatory Production, then the SAG contract provisions may apply.

See SAG Contracts Template for the following applicable provisions: SAG 1997 Commercials Contract (to be revised by the SAG 2000 Commercials Contract) Schedule A.I.AA.(5), Schedule D.IV.17.R.(7); Amended 1993-1995 SAG - Producer Interactive Media Agmt. as extended ?31.G; Producers - SAG 1996 Codified Industrial and Educational Contract ?62.F.

Parent/ Guardian Supervision

If this a SAG Signatory Production, then the SAG contract provisions may apply.

Work Permit Requirements

Exemption from Work Permit Requirement

If this a SAG Signatory Production, then the SAG contract provisions may apply.

Working Hours Requirements

Meal Periods

If this a SAG Signatory Production, then the SAG contract provisions may apply.

See SAG Contracts Template for the following applicable provisions: Amended 1993-1995 SAG - Producer Interactive Media Agmt. as extended ?31.F; Producers - SAG 1996 Codified Industrial and Educational Contract ?62.C.

Rest & Recreation

If this a SAG Signatory Production, then the SAG contract provisions may apply.

See SAG Contracts Template for the following applicable provisions: SAG 1997 Commercials Contract (to be revised by the SAG 2000 Commercials Contract) Schedule A.I.AA.(8), Schedule D.IV.17.R.(8); see also Producer - SAG Codified Basic Agmt. of 1995 as amended by the 1998 Memorandum of Agmt. ?50.F; SAG Codified Basic Agmt. of 1995 for Independent Producers ?50.F; Amended 1993-1995 SAG - Producer Interactive Media Agmt. as extended ?31.1.

Travel Time

If this a SAG Signatory Production, then the SAG contract provisions may apply.

Screen Actors Guild 1997 Commercials Contract (to be revised by the Screen Actors Guild 2000 Commercials Contract) Schedule A.I.AA.(8)(c); A.I.E.2(b), (e).

Definitions under Minnesota Statute 181A.03:

Commissioner means the commissioner of the department or designees.

Department means the Minnesota department of labor and industry.

Division means the division of labor standards within the department.

Employment means any occupation engaged in for compensation in money or other valuable consideration, whether paid to the minor or to some other person, including, but not limited to, occupation as a servant, agent, or independent contractor.

School days means any day when normal classes are in session during the regular school year in the school district.

School hours means that period during which the student is required to be in school in the school district.

Case Law: Contracts

Johnson v. Northwestern Mutual Life Ins. Co., 56 Minn. 365 (1894); Dixon v. Merritt, 21 Minn. 196 (1875).

An executed contract with an infant is not void, but voidable at the infant's election, yet valid for necessaries.