New York Codes, Rules and Regulations
Title 12 - DEPARTMENT OF LABOR
Chapter II - DIVISION OF LABOR STANDARDS
Subchapter E - Employment Of Minors
Part 186 - Child Performers
Subpart 186-3 - Responsibilities Of Parents And Guardians
Section 186-3.6 - Designated responsible person

Universal Citation: 12 NY Comp Codes Rules and Regs ยง 186-3.6

Current through Register Vol. 45, No. 52, December 27, 2023

(a) The parent or guardian of a child performer under the age of 16 shall designate a responsible person for the child, whose duties shall be to accompany the child throughout the workday and to monitor the child's safety and well being on behalf of the parent or guardian.

(b) The parent or guardian may choose to serve as the responsible person for his or her own child performer under the age of 16 or may designate another adult at least 18 years of age, including another child performer's parent or guardian, to serve as the responsible person for the first parent's or guardian's child.

(c) Notwithstanding subdivisions (a) and (b) of this section, in live theater or other live performance, when it is physically impracticable for the employer to permit a responsible person designated by the parent or guardian to accompany a child under the age of 16, the employer shall either:

(1) employ a responsible person at least 18 years of age to accompany the child and monitor the safety and well being of the child. Such person may be responsible for more than one child. The parent or guardian and the employer must agree in writing on the responsible person. The parent or guardian shall not unreasonably withhold his or her agreement; or

(2) provide facilities to observe and hear the child, through electronic or other appropriate means, to the responsible person designated by the parent or guardian;

or both.

(d) All preceding subdivisions of this section shall not apply to children employed under an employer certificate of group eligibility. Instead, the employer and/or the entity providing the group of children shall provide at least one adult for every 20 children or fraction thereof under the age of 16 to accompany the group throughout the workday and monitor the children's safety and well being.

(e) Nothing in this section shall diminish the employer's responsibility to ensure the safety and well being of child performers.

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