Minor Labor Agreement
If the production is to include a child actor, the Producer must honor the State of Florida statutes, which outline a policy that is intended to “ensure that minors are not employed under conditions that are injurious or detrimental to their health, safety or education.” (State of Florida 61L-2.006 Employment of Minors by the Entertainment Industry)
Coordinator of Child Labor
The Producer shall designate one individual on each set where minors are employed to act as Coordinator of Child Labor. The coordinator shall respond to all communications from the Head of Production regarding the employment of minor(s). The employer shall provide the name of the coordinator(s) to the Head of Production, the minor, the minor’s parent(s), guardian, and/or chaperon.
PARENTAL NOTICE OF TERMS OF EMPLOYMENT
Producers shall notify the minor’s parent(s), guardian, or chaperon, of the terms and conditions of employment, including the activities required of the minor, the place and duration of location work, any and all “adult oriented” material to either be performed by or viewed/heard by the child, and the names of the producer and stunt coordinator (if applicable). These terms will be spelled out in the Performance Agreement, the Minor Labor Policy Agreement, and, if applicable, the Minor Labor Policy Exemption Request.
AUTHORIZATION FOR MEDICAL CARE
Prior to the minor’s beginning employment, the Producer shall obtain written authorization from the minor’s parent(s) or legal guardian to consent for medical treatment on behalf of the minor in case of an emergency. This must be signed and documented on page two of the Minor Labor Policy Agreement.
- Work Day. The work day for a minor shall begin no earlier than 7:00 a.m. and shall end no later than 11:30 p.m.
- Work Week. A minor shall not be required or permitted to work more than six (6) consecutive days.
- Work Hours, and Maximum Hours at Place of Employment per Age Group. Working hours, and hours spent at the place of employment may not exceed the following time limitations in a twenty-four (24) hour period unless the Production Supervisor grants a Partial Waiver.
- Meal Periods. All work hours are exclusive of the meal period. The work hours shall be extended by a meal period not longer than one-half (1/2) hour.
- Rest Period After Dismissal. Twelve (12) hours must elapse between the minor’s time of dismissal and call time on the following day. The same applies for returning to school. For example, a minor returning to his regular school at 8:30 a.m. shall be dismissed from employment by 8:30 p.m. the previous evening.
MINORS UNDER TWO (2) YEARS
Employers of minors under two (2) years of age shall not require such minors to remain at the place of employment for more than four (4) hours per day, subject to the following limitations:
INFANTS AGED 15 DAYS TO 6 MONTH
Infants aged 15 days to 6 months may be at the place of employment for one period of two consecutive hours, which must occur between 9:30a.m. and 11:30a.m. or between 2:30p.m. and 4:30p.m. Actual work may not exceed 20 minutes under any circumstances. Infants may not be exposed to light exceeding 100 foot-candles for more than 30 seconds at a time and no more than one (1) minute in every fifteen (15) minute period. A studio teacher and a nurse must be present for each three or fewer infants aged 15 days to six weeks. A studio teacher and a nurse must be present for each 10 or fewer infants aged six weeks to six months. A parent or guardian must always be present.
MINORS AGED 6 MONTHS TO 2 YEARS
Minors aged 6 months to 2 years may not be exposed to camera lights for more than two (2) minutes every fifteen (15) minute period. They may be at the place of employment for up to four (4) hours, and may work up to two (2) hours. The remaining time must be reserved for the minor’s rest and recreation.
MINORS AGED 2 YEARS TO UNDER 6 YEARS
Minors aged 2 years to less than 6 years shall not be required to remain at the place of employment more than six (6) hours per day, and shall not be required to work more than four (4) hours per day. The remaining time must be reserved for the minor’s rest and recreation.
MINORS AGED 6 YEARS TO UNDER 9 YEARS
Minors aged 6 years to under 9 years shall not be required to remain at the place of employment more than nine (9) hours, the sum of six (6) hours work, one half (1/2) hour of meal time, and two and one half (2 1/2) hours of rest and recreation.
MINORS AGED 9 YEARS TO UNDER 16 YEARS
Minors aged 9 years to under 16 years shall not be required to remain at the place of employment more than ten (10) hours, the sum of seven (7) hours work, one half (1/2) hour of meal time, and two and one half (2 1/2) hours of rest and recreation.
MINORS AGED 16 YEARS TO 18 YEARS
Minors aged 16 years to 18 years shall not be required to remain at the place of employment more than ten (10) hours, the sum of nine and one half (9 1/2) hours work, and one half (1/2) hour of meal time.
A parent or guardian may sign a release for one (1) additional hour of work for a minor of 6 years or older in any one (1) given day.
If minors under the age of 18 years-old are involved in the production as cast or crew, the production should perform an initial review of their physical activity prior to rehearsal or filming. This should include:
- the age, height, weight and maturity of the minor;
- the physical fitness, coordination, expertise in the planned activity, and film experience of the minor;
- the amount of additional information and movement the minor will be asked to consider (e.g., camera positions, acting, looking over shoulder, waving arms, etc.);
- how wardrobe or props will affect the actions and/or vision of the minor;
- the amount of rehearsal and preparation time which has been provided;
- the appropriate amount of protective gear or equipment necessary to safely perform the activity;
- the area around the minor during the activity;
- any other factors affecting the minor.
Prior to rehearsal or filming the physical activity, key production personnel, such as the Director, First Assistant Director, Stunt Coordinator and safety professional, should confer with the minor and the minor’s parent/legal guardian to review and discuss the activity.
Rehearsals and filming of the physical activity should take place with the parent/legal guardian and the First Assistant Director present. If the situation warrants, a stunt coordinator or a person qualified to administer medical assistance on an emergency basis must be present (or readily available) at the rehearsal and filming of the activity.
If any aspect of the activity changes, a new discussion and/or meeting should be held and a new rehearsal should be considered.
If a consensus regarding the physical activity is not established, the minor, the minor’s parent or guardian, the stunt coordinator, the First Assistant Director, or the safety professional may request a re-evaluation of the activity in its entirety. If the planned activity is determined to be safe, but the minor expresses apprehension about performing the planned activity, he/she may refuse to do it.
Special safety precautions must be taken for infant actors who are fifteen-days to six-months old:
- Hands should be washed before and after handling infants and after changing diapers.
- Applicable laws and regulations pertaining to tobacco smoke must be followed.
- When using special effects smokes the producer should take steps to prevent exposure of the infant to the smoke.
- When substances are used for altering an infant’s appearance, provisions should be made for bathing the infant.
- Foods which commonly cause allergic reactions should not be used to alter the appearance of the infant’s skin, unless their use is specifically approved by a medical doctor.
- Once wardrobe and props have been issued by the production for use on/with an infant, the wardrobe and props should not be reissued for another infant without laundering wardrobe and disinfecting props.
- Infant accessories should not be exchanged from one infant to another without first having been sanitized. Bottles, nipples and pacifiers should not be exchanged between infants.