Working with Minors
Onboarding and Employment Verification
When onboarding a minor as an employee, the minor’s parent or guardian must assist in completing OOTB’s digital onboarding forms on behalf of the minor. OOTB Payroll Coordinators work directly with the minor’s parent or guardian to collect the proper documentation and assist them with the onboarding process.
OOTB must receive the following documentation to complete the onboarding of a minor:
Current and valid employment eligibility verification documents
Valid work permit or registration with the state’s Department of Labor.
Proof of Coogan Trust bank account (if applicable)
Work Permit
Any minor between the ages of 15 days and 18 years old requires a valid work permit to be on set. It is important to note that there are two distinct types of permits: the standard work permit (typically issued by the minor’s school for general employment) and the entertainment work permit (issued by the state’s Department of Labor or equivalent agency).
OOTB requires a valid entertainment work permit for all minor talent. Unlike standard permits, an entertainment work permit does not require a specific employer’s signature or a pending job offer. Parents or guardians can obtain an entertainment work permit in advance so the minor is ready for future opportunities.
Only employers who hold a valid Permit to Employ Minors in the Entertainment Industry are legally allowed to hire minors with an entertainment work permit. Because of strict regulations governing hours, safety, and schooling, minors in the entertainment industry are generally classified as W-2 employees rather than independent contractors.
IF A VALID WORK PERMIT IS NOT PROVIDED, THE MINOR CANNOT WORK AND MUST BE SENT HOME.
In California, there are two options for entertainment work permits (Entertainment Industry Only):
For first-time registrants, there is a one-time 10-day work permit that parents or guardians can obtain online with a same-day turnaround time. This permit costs $50.
Renewal applications and applications for minors who are 16-17 years old are not eligible for this option.
For long-term registrants, work permits can be renewed every 6 months free of charge until a minor reaches 18 years of age. Once the parent or guardian submits the online application for this permit, it can take 7-10 days (or longer) to receive it.
For more information and instructions on applying for an entertainment work permit for minors in California, please visit the relevant page on the California Department of Industrial Relations website. Please reach out to an OOTB Account Manager to get more information on work permits in other states.
Coogan Trust Account
A Coogan account is a type of protected savings account that is set up for child performers by their legal parents or guardians. Its main purpose is to protect a portion of the child's earnings until they become adults.
The parent or guardian of the minor must supply proof of a Coogan account in their minor’s name to receive payment for any work that their minor performs in the entertainment industry. Certain states, including California, require employers to withhold and deposit 15% of the minor’s gross earnings into the Coogan account within 15 days of employment, to be held in trust until the minor is 18. The parent must supply the routing and account numbers for the Coogan account to the employer. These wages are taxed.
The entertainment industry is defined in California state regulations as
“… any organization, or individual, using the services of any minor in: motion pictures of any type (film, videotape, etc.), by any medium (theater, television, videocassette, etc.); photography; recording; modeling; theatrical productions; publicity; rodeos; circuses; musical performances; and any other performances where minors perform to entertain the public.”
[8 CCR 11751]
VERY IMPORTANT:
The following states require Coogan Accounts for child performers: California, Illinois, Kansas, Louisiana, Nevada, New Mexico, North Carolina, Pennsylvania, Tennessee, and New York.
Coogan laws can vary from state to state.
In California, parents must open a Coogan account with a bank located within the state. Other states may offer flexibility to allow accounts to be set up outside their boundaries, whether with a bank, credit union, or brokerage firm.
Not all banks offer Coogan accounts, so the parent or guardian should call their bank in advance to inquire. Wells Fargo, Bank of the West, and a handful of credit unions will open this type of blocked account. They require an appointment and specific documentation, so OOTB highly recommends that the parent or guardian call the bank in advance to book an appointment.
The parent or guardian has seven business days from the first date of work to open the account. These accounts can be closed or frozen due to inactivity, so the parent or guardian should check that the account is active to avoid rejected payments if their minor does not work regularly.
Other On-Set Requirements: Guardians and Studio Teachers
The parent or guardian of minor talent must be present for any minor under 16 years of age.
One Studio Teacher must be present for every 10 minors under 16 years of age.
Studio Teachers may require early meal periods for minor talent if they determine that a child is uncomfortable or hungry.
Insuring Minors on Set
All talent must be insured while on set, including all minor talent. It is important to ensure that talent is covered by a workers’ compensation policy to reduce exposure to liability caused by injuries on set. Legal requirements for insurance coverage do not take into account the age of the insured parties, so all personnel working on set must be covered by insurance.
Hours of Work
California child labor laws regulate the amount of time minors are permitted to work and remain at the place of employment within a 24-hour period based on age. The following table summarizes these age-based laws. For more detailed information, refer to the paragraphs below.
Children who are at least 15 days old, but are not yet 6 months old, may remain at the place of employment for a maximum of 2 hours. In addition, they:
May only work for up to 20 minutes in a day.
May not be exposed to light of intensities greater than 100 foot-candles for more than 30 seconds at a time.
A nurse and a studio teacher must be provided for each 3 or fewer babies who are between 15 days old and 6 weeks old, and for each 10 or fewer infants who are 6 weeks old to 6 months old.
Youth who are at least 6 months old, but are not yet 2 years old, may remain at the place of employment for a maximum of 4 hours per day and may work for no more than 2 hours, with the remaining amount of time spent either in rest or recreation.
Youth who are at least 2 years old, but are not yet 6 years old, may remain at the place of employment for a maximum of 6 hours and may work no more than 3 hours, with the remaining amount of time being spent in rest, recreation, and/or education.
Youth who are at least 6 years old, but are not yet 9 years old, may remain at the place of employment for a maximum of 8 hours per day. In addition:
When school is in session, they may work no more than 4 hours, with at least 3 hours of the remaining time being spent in schooling and at least 1 hour spent in rest and recreation.
When school is not in session, they may work no more than 6 hours, with 1 hour of rest and recreation.
Youth who are at least 9 years old, but are not yet 16 years old, may remain at the place of employment for a maximum of 9 hours per day. In addition:
When school is in session, they may work no more than 5 hours, with at least 3 hours of the remaining time being spent in schooling and at least 1 hour spent in rest and recreation.
When school is not in session, they may work no more than 7 hours, with 1 hour of rest and recreation.
Youth who are at least 16 years old, but are not yet 18 years old, may remain at the place of employment for a maximum of 10 hours per day. In addition:
When school is in session, they may work no more than 6 hours, with at least 3 hours of the remaining time being spent in schooling and at least 1 hour in rest and recreation.
When school is not in session, they may work no more than 8 hours, with 1 hour spent in rest and recreation.
When permission has been obtained for the youth to work during school hours for a period not to exceed 2 consecutive days, they may work for no more than 8 hours.
Laws regarding work hours for minors differ from state to state. If you need assistance understanding or complying with these regulations for employees in other states, please reach out to your OOTB account manager.
Excused School Absences
A school may excuse the absences of a pupil who holds an entertainment work permit. California state law limits the number of excused absences to five absences per school year, each of which may consist of up to five days.
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 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.
The Reality of Non-Compliance
When working with minors, adhering to child labor laws is a non-negotiable requirement. Failure to comply with federal and state regulations can result in severe financial and legal consequences.
Civil Money Penalties (CMPs)
Fines are the most common consequence and are often assessed per violation, not per project.
Federal Penalties: Under the Fair Labor Standards Act (FLSA), the Department of Labor can assess civil penalties of up to $16,035 per minor for standard child labor violations as of 2026. In cases involving serious injury or death, these fines can reach $72,876, or double if the violation is determined to be willful or repeated. (Ref: US Department of Labor, Wage and Hour Division, 2025-2026 Adjustment).
California State Penalties: The CA Labor Commissioner categorizes violations into Class A (hazardous/safety issues) and Class B (clerical/administrative, like missing permits). Class A violations carry penalties of $5,000 to $10,000 per occurrence. Even a Class B violation, such as failing to have a valid work permit on set, triggers an immediate fine (typically $500 for the first offense). (Ref: CA Labor Code §1285-1312).
New York State Penalties: Recent legislative updates have significantly increased penalties in NY. A first-time violation now carries a fine of up to $10,000, while those involving serious injury can reach $175,000. (Ref: NY Labor Law §141).
Criminal Penalties
In many jurisdictions, including California and New York, child labor law violations are classified as misdemeanors. Criminal charges can be brought against the employer, potentially including the producer or the production company. Penalties for these crimes can include statutory fines and, in extreme cases, imprisonment.
Operational and Liability Risks
Beyond government fines, non-compliance creates vulnerabilities that can disrupt or derail a project.
Immediate Production Shutdown: A Studio Teacher or Labor Commissioner has the legal authority to shut down a set immediately if they believe a minor’s safety or welfare is at risk.
Insurance Voids: If an incident occurs and the production is found to be in violation of child labor laws (e.g., missing permits or lack of a Studio Teacher), the insurer may deny coverage, leaving the production company personally liable for all damages.
Union Grievances: If you are a SAG-AFTRA signatory, violations can lead to heavy union grievances, "unfit for production" labels, and being barred from hiring union talent in the future.
VERY IMPORTANT:
Lack of awareness is not a legal defense. Whether a violation is intentional or an administrative oversight, the penalties remain enforceable. OOTB works closely with our clients to ensure all documentation (permits, Coogan accounts, and hours of work) is fully compliant before a minor ever steps on set.
Interested in having our experts manage the compliance for you?
