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 186-4 - Responsibilities Of Employers
Section 186-4.1 - Employer certificate of eligibility to employ child performers

Universal Citation: 12 NY Comp Codes Rules and Regs ยง 186-4.1

Current through Register Vol. 46, No. 12, March 20, 2024

(a) Employer certificate of eligibility. Except as otherwise provided in this section, no person or entity may employ one or more child performers unless the person or entity possesses an employer certificate of eligibility to employ child performers issued by the commissioner.

(b) Employer certificate of group eligibility. An employer may employ a group of children not as individuals, but as a group, to establish a background scene or to perform as a group by obtaining an employer certificate of group eligibility. Such employer certificate of group eligibility shall permit the listed child performers to work for no more than two days, which need not be consecutive, during specified dates of use and shall be subject to the following conditions:

(1) Any day that a child reports to work at the request of the employer shall count as one of the two permitted days of work, whether or not work is provided.

(2) 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 work day and to monitor the children's safety and well-being. They may designate parents or other qualified persons as responsible persons for the group.

(c) An employer certificate of eligibility or employer certificate of group eligibility shall not be issued if the commissioner determines that the employment or activity contemplated may be hazardous or detrimental to the physical or mental health, morals, education, or general welfare of the child performer(s).

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