Subchapter A. EMPLOYMENT OF MINORS IN PERFORMANCES
Sec.
11.1. Definitions.
11.2. Purpose.
11.3. Applicability; general provisions.
11.4. Application for permit.
11.5. Number of performances per day and per week.
11.6. Supervision of child performers.
11.7. Penalty.
Authority The provisions of this Subchapter A issued under act of May 13, 1915 (P. L. 286, No. 177), Child Labor Law(43 P. S. § § 41—71), unless otherwise noted.
Source The provisions of this Subchapter A adopted July 15, 1964, unless otherwise noted.
§ 11.1. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
Employer—Any person who for his own account or benefit or that of his patrons, directly or indirectly, or through an employe, agent, independent contractor, or any other person employs or permits any minor to work in theatrical productions, musical recitals or concerts, entertainment acts, modeling, radio, television, motion picture making, or in other similar forms or media of entertainment.
Employment—A minor engaged in a performance shall be deemed employed, if any person, including the performer, his parent or teacher, receives remuneration from the performance or if any performer in the production is paid for performing.
Hazardous performances, acts, or exhibitions—These terms shall include all of the following:(i) All aerial acts including suspension from trapezes, ropes, wires, or like contrivances.
(ii) The use of or exposure to weapons.
(iii) The taking of dangerous leaps, falls, throws, catches, knee drops or slides.
(iv) Working with partners hand to hand or head to head.
(v) Bicycle or unicycle acts.
(vi) Assisting performers in an animal act, conducting an animal into a ring or on stage, or riding an animal when the animal exceeds half the weight of the child performer. This paragraph shall not necessarily apply to performances with trained seals.
§ 11.2. Purpose.
This subchapter is designed to carry out the intent and purpose of section 7.1 of the Child Labor Law, as amended (43 P. S. § 48.1), establishing conditions for the issuance of special permits for employment of minors over seven and under 18 years of age in certain performances.
§ 11.3. Applicability; general provisions.
(a) Every employer or person exercising direction or control over a minor or minors under 18 years of age in public performances shall be responsible for complying with the Child Labor Law (43 P. S. § § 41—71), and this subchapter.
(b) The issuance of special performance permits is the duty of the Bureau of Women and Children, Hours and Minimum Wages of the Department.
(c) Special performance permits shall be issued only when in the judgement of the Bureau there is adequate provision for the educational instruction, supervision, safety, health and welfare of the minor and for the safeguarding for the minor of the earnings derived by the minor from his performances, and only when the requirements of this subchapter have been met.
(d) The special performance permit shall be valid only under conditions specified in the permit.
(e) The special performance permit shall be kept at the location where the performance takes place.
(f) The Department shall have the power to revoke any permit for violation of the terms specified in the permit or for any other condition endangering the safety and welfare of the child.
§ 11.4. Application for permit.
(a) Application for the special performance permit for a minor aged seven to 18 years shall be made by the employer on a form provided by the Department and signed by the employer of the minor and the parent or guardian of the minor.
(b) The application shall be notarized and contain a statement that the facts as set forth in the application are true and correct.
(c) The application shall set forth for all performances, accurate information regarding all of the following:
(1) The legal and professional name of the minor.
(2) The date and place of his birth.
(3) The name and permanent address of the parent or guardian and the name of the parent or representative of the parent who will accompany the minor to rehearsals and performances.
(4) The name and type of production.
(5) The nature of the performance of the minor.
(6) The dates of performances and the number of performances per day and per week as well as the length of time the minor is actually performing.
(7) The dates of rehearsals.
(8) The maximum combined rehearsal and performance time per day and per week.
(9) Whether the minor is to be paid for performing, whether there is remuneration other than financial, and whether he is to be paid by the week or the performance.
(10) The hours at which the minor reports for performances.
(11) Whether the total earnings of the minor from all sources exceed $150 per week and, if so, what provisions have been made for conservation of the earnings of the minor.
(12) The name and address of the booking agent of the minor, if any.
(13) Whether the minor has performed in the same production in other states requiring a permit or certificate to perform and whether the permit or certificate was obtained.
(d) For all performances or rehearsals during school hours the application shall set forth in addition accurate information regarding all of the following:
(1) The name and address of the school attended and of the school district where the minor resides.
(2) The grade he has completed in school.
(3) The hours per week the minor attends school.
(4) One of the following:
(i) A statement signed by the principal of the school attended and the school official who issues employment certificates in the school district where the minor resides attesting that to the best of their knowledge and belief the performance and rehearsals as set forth in the application will not interfere with the educational instruction or school progress of the minor.
(ii) A guarantee that arrangements are made for a qualified tutor for the minor. If the minor is to be tutored, the application shall set forth the name and address of the tutor, whether the tutor is a certified teacher, the name and address of the school official approving the subjects for tutoring and the tutoring arrangements, and the number of hours per week the minor is to be tutored.
(e) Applications shall contain other information as may be requested by the Bureau of Women and Children, Hours and Minimum Wages.
§ 11.5. Number of performances per day and per week.
(a) In counting the number of performances per day and per week, out-of-state performances shall be included in the calculation.
(b) Minors under 16 years of age shall have one day in seven free of school performances and travel connected with school or performances.
(c) Permits granted for children under 14 years of age may be issued only if scrutiny of the schedule of the minor over a period of months indicates a work load and travel schedule suitable for the age of the child.
§ 11.6. Supervision of child performers.
Certain minors shall be accompanied by a parent, guardian or responsible adult designated by the parent or guardian whose primary responsibility is not related to the production of the performance, under the following circumstances:
(1) Every minor under 18 years of age when the location of rehearsals or performances requires lodgings overnight at a place outside the place of residence of the minor.
(2) Every minor under 16 years of age when the rehearsals or performances are located in the permanent place of residence of the minor and if they terminate after 6 p.m.
(3) Every minor under 12 years of age for all rehearsals and performances at all times.
§ 11.7. Penalty.
Any person who violates any of the provisions of this subchapter or who interferes with the Department or its duly authorized representative in the enforcement of such provisions may be deemed guilty of a misdeameanor and may, upon conviction, be punished by fine or imprisonment, or both.
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