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 186-6 - Hours And Conditions Of Work
Section 186-6.2 - Hours and days of work

Universal Citation: 12 NY Comp Codes Rules and Regs ยง 186-6.2

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

(a) Outside of live theater and other live performance, a child performer may be employed no earlier than 5:00 a.m. on any day, no later than 10:00 p.m. on evenings preceding school days, and no later than 12:30 a.m. on the mornings of non-school days.

(b) In live theater and other live performance, a child performer may be employed no earlier than 5:00 a.m. on any day, no later than 12:00 midnight on evenings preceding school days, and no later than 12:30 a.m. on the mornings of non-school days.

(c) A child performer shall receive at least 12 hours rest between the time that the child performer is dismissed on one workday and the time that the child performer is required to be at the place of employment the following day. When a child performer provides services at his or her residence, the child performer shall receive a break of at least 12 hours between the time the child performer is not required to provide services on one day and the child performer resumes providing services the following day.

(d) For the purpose of enabling a one-day assignment to be completed, for child performers from 6 months through 17 years of age, the maximum daily hours of work and of presence at the workplace allowed in this section may be increased by up to two hours but the child cannot then work the following day.

(e) On days when a child performer works after attending school, the maximum daily hours of presence at the workplace allowed in this section is reduced by three hours. When a child performer provides services at his or her residence after attending school, the maximum daily hours for providing services is reduced by three hours.

(f) In all covered employment, a child performer under six years of age is limited to the following hours:

(1) Infant child performers at least 15 days but not yet 6 months of age may be permitted to remain at the place of employment for a maximum of two hours per workday. The day's work shall not exceed 20 minutes.

(2) Child performers at least six months but not yet two years of age may be permitted at the place of employment for a maximum of four hours per workday. Such four-hour period shall not consist of more than two hours of work; the balance of the period shall be rest and recreation.

(3) Child performers at least two years but not yet six years of age may be permitted at the place of employment for a maximum of six hours per workday. Such six-hour period shall not consist of more than three hours of work; the balance of the period shall be rest and recreation and/or education.

(g) In live theater and other lives performance, a child performer at least 6 years but not yet 18 years of age:

(1) may be permitted at the place of employment for a maximum of 10 hours per day during the production's rehearsal period, its official opening day, and throughout the duration of its run. The 10-hour period may include no more than eight hours of work when school is in session and nine hours of work when school is not in session. All of the educational requirements of section 186- 5.1 must nevertheless be met. The maximum hours of work set forth above assume that sufficient educational hours will be banked as provided for by section 186-5.1(e)(7) of this Part; and

(2) may be permitted at the place of employment for a maximum of 12 hours per day during the period of technical rehearsals and preview performances. The 12- hour period may include no more than seven hours of work when school is in session and nine hours of work when school is not in session.

(h) Outside of live theater and other live performance, a child performer at least six years but not yet nine years of age may be permitted at the place of employment for a maximum of eight hours per workday. When school is in session, the eight-hour period shall include no more than four hours of work, at least three hours of schooling, and up to one hour of rest and recreation. When school is not in session, the eight-hour period shall include no more than six hours of work and up to two hours of rest and recreation.

(i) Outside of live theater and other live performance, a child performer at least 9 years but not yet 16 years of age may be permitted at the place of employment for a maximum of nine hours per workday. When school is in session, the nine-hour period shall include no more than five hours of work, at least three hours of schooling, and up to one hour of rest and recreation. When school is not in session, the nine-hour period shall include no more than seven hours of work and up to two hours of rest and recreation.

(j) Outside of live theater and other live performance, a child performer at least 16 years but not yet 18 years of age may be permitted at the place of employment for a maximum of 10 hours per workday. When school is in session, the 10-hour period shall include no more than six hours of work, at least three hours of schooling, and up to one hour of rest and recreation. When school is not in session, the 10-hour period shall include no more than nine hours of work and up to one hour of rest and recreation.

(k) In all covered employment, when any child performer at least 14 years but not yet 18 years of age obtains permission from school authorities to work during school hours for up to two consecutive days, the working hours for such child performer during either or both of such days may be extended to but shall not exceed eight hours per day.

(l) The employment time limits specified in this Subpart shall apply to the child performer and not to any one employer. Thus, a child performer whose employment is limited to seven hours of work and nine hours of presence at the work place per day may not exceed these limits if working for more than one employer in the same day. The child performer's parents or guardians bear the responsibility for ensuring that a child performer does not exceed his or her daily limits when working for more than one employer in the same day.

(m) Employers shall keep a record of each child performer's starting and ending times, the amount of time present at the workplace, and the amount of time worked on each workday.

(n) With respect to any child performer providing artistic or creative services at the child performer's residence, this Subpart shall not apply to the number of hours the child performer may be present at the residence, but shall instead apply to the number of hours the child performer may provide such services.

Disclaimer: These regulations may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.