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 186-4.5 - Trust account transfers by the employer

Universal Citation: 12 NY Comp Codes Rules and Regs ยง 186-4.5

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

(a) An employer of a child performer shall obtain from the parent or guardian the information necessary to enable the employer to transfer funds into a child performer trust account for the child in accordance with article 7, section 7-7.1 of the Estates, Powers and Trusts Law. The information shall be obtained on or before the start of paid employment, except that up to 15 days is allowed if a temporary child performer permit has been issued giving the child's parent or guardian up to 15 days to establish the account.

(b) Each employer, or payroll service company, of a child performer shall transfer 15 percent or more , as specified by the parent, guardian or custodian in writing, of the child performer's gross earnings from the employer into the child performer trust account.

(1) If the performance contract is for a period of 30 days or less, the employer or payroll service company is required to transfer not less than 15 percent of the child performer's gross earnings to the custodian of the child performer trust account within 30 days following the final day of employment. Such transfer shall be made in accordance with article 7 part 6 of the Estates, Powers and Trusts Law, the Uniform Transfers to Minors Act.

(2) If the performance contract is for a period longer than 30 days, the employer or payroll service company shall transfer (by check or electronic means) not less than 15 percent of the child performer's gross earnings to the custodian of the child performer trust account every payroll period in accordance with article 7 part 6 of the Estates, Powers and Trusts Law, the Uniform Transfers to Minors Act.

(c) The employer or payroll service company shall provide the parent or guardian with a written record of deductions from the child performer's gross wages and notification of transfer of funds to the child performer trust account within five business days of such transfer. The notification of transfer may be incorporated into the child's pay stub.

(d) If the parent or guardian has not provided the employer with the information necessary to transfer funds into a child performer trust account, the employer shall transfer 15 percent of the child performer's gross earnings to the comptroller for deposit into the child performer holding fund for the benefit of the identified child performer. Such transfers shall be made with the same frequency and timeliness as required for transfers to an existing child performer trust account. When making required transfers, the employer or payroll service company shall provide the comptroller with the child performer's given name and professional name if different from the given name, last known mailing address; and if known: permanent address, date of birth, social security number, the name and address of the child's parent(s) or guardian(s) and their home and business phone numbers, and such other identifying information as the comptroller may require.

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