|Who must have a Child Performer Permit?
|Any person under the age of 18 who renders creative or artistic services in New York State as a performer or any New York resident under the age of 18 who renders creative or artistic services anywhere outside New York State.
|If a child is not paid, is he/she required to possess a Child Performer Permit?
|Who does not need a Child Performer Permit?
Permits are not required for:
|Is there a fee for a Child performer Permit?
|What is the parent/guardian responsible for?
A Parent/Guardian must:
|Do I need to set up a Child Performer Trust Account in New York State?
A trust account may be set up anywhere, as long as:
|What do I need to submit to the Department of Labor to prove the existence of a trust account?
For trust account verification, provide the LS-566 completed by a financial institution or a single document such as a copy of a deposit slip, passbook or other official document showing:
|How can I obtain a Child Performer Permit?
There are two ways to get a permit:
|What information is required on the application form?
You must provide the following information along with certain attachments. See the application instructions for more detail.
|Where should I send the completed application and attachments?
Send completed permit application forms to:
New York State Department of Labor
Or apply online.
|How long are Child Performer Permits valid?
|A Child Performer permit is valid for one (1) year. You can renew a permit 30 days before the expiration date.
|Why must parents/guardians open a trust account for their child?
|The law says that employers must deposit at least 15% of the performer's earnings in a trust account. If the employer does not receive any trust account information within 15 days of the start of employment, the employer must turn this money over to the State Comptroller. The Comptroller will hold the money in the child performer's name until he/she reaches the age of majority. The law does not allow the Department of Labor to issue a 1-year Child Performer Permit to a child performer unless trust account information is provided with the application.
|Can the parent/guardian ask the employer to deposit more than 15% in the trust account?
|Yes, 15% is the minimum amount that the employer must transfer.
|Do I have to deposit residual payments made to a child performer into a trust account?
Yes, but only for work performed after March 28, 2004 (effective date of the Child Performer Education and Trust Act).
|Where can I ask questions about Child Performer withholdings sent to the NYS Office of State Comptroller?
|Office of the State Comptroller
110 State Street, 9th Floor
Albany, NY 12236
|Is an employer required to provide a teacher to all child performers?
|No. An employer does not have to provide teachers to performers who are homeschooled, to distance educated students receiving appropriate instruction, or to children employed under a certificate of group eligibility.
|When is an employer required to provide a teacher for a child performer?
When school is in session, and on school days when the performer is not receiving instruction due to his/her employment schedule, an employer must provide instruction:
|How can I find out if a teacher’s credentials are recognized by NYS?
|The best way to find out is to contact the child performer’s local school
|Where can I find a listing of the states with which NYS has reciprocity of teacher credentials?
|A listing of states with which NYS has reciprocity of teacher credentials can be found on the website of the New York State Department of Education at http://www.highered.nysed.gov/tcert/home.html
|In California, a child who has graduated from high school does not need to get a work permit and is not subject to hours limitations. Does New York State take the same approach?
No. In New York State, graduation from High School does not exempt a minor from:
However, if you provide proof that a child performer has finished High School, then you no longer need to include the Child Performer School Form LS-560 with applications to renew the child performer's permit.
|I am the child performer's agent, manager or employer. Can I apply for a permit on the child's behalf?
|No, but you can help fill out the application. Every application form still requires a declaration and signature from the child performer's parent or guardian.
|What are the permitted work hours for child performers?
|Work hours are based on type of performance, age of the performer, and whether or not school is in session. See the LS-559 Permitted Working Hours chart.
|Who needs an Employer Certificate of Eligibility to Employ Child Performers, or a Certificate of Group Eligibility to Employ Child Performers?
|Any person or entity that employs a child performer in New York State to furnish artistic or creative services either directly or through a third party provider (loan-out company) or through an agency or service that provides artistic or creative services (casting agency) must have an Employer Certificate of Eligibility or Certificate of Group Eligibility.
|If on a project where there are multiple employers (payroll companies, production companies etc.), which one needs a Certificate of Eligibility to Employ Child Performers?
Any entity that does one or more of the following must have a Certificate of Eligibility:
|What is an Employer Certificate of Group Eligibility?
|It is the certificate, which allows an employer to employ performers, not as individuals but as a group to establish a background scene, such as a choir, etc. for two days only.
|What is the employer of Child Performers responsible for?
Employer responsibilities are outlined in more detail on page 3 of the application LS-550. Among the employer responsibilities are:
|Under an Employer Certificate of Eligibility, what is the employer of a group of performers responsible for?
Group employer responsibilities are outlined in more detail on page 3 of the application LS-553. Among the employer responsibilities are:
|I am an out-of-state employer. Do I still need to apply for a Certificate of Eligibility?
|You only need to apply for a Certificate of Eligibility to Employ Child Performers or a Certificate of Group Eligibility if the performance takes place in New York State
|I am an out-of-state employer employing a child performer who is a resident of NYS at a work location which is not in NYS. Do I need to abide by the Child Performer Regulations?
|If you have a business office in New York State, and the Child Performer is a New York State resident you do not need an Employer Certificate of Eligibility however, you must abide by the trust and educational provisions of the Regulations.
|I am a student making a film as part of a school project. I am not paying the child performers in the film. Do I need to get a Certificate of Eligibility to Employ Child Performers?
|No, you do not need a certificate if you are not paying any of the child performers.
|How can I obtain an Application For A Certificate of Eligibility to Employ Child Performers?
|Download the application - LS-550
|How can I obtain an Application for a Certificate of Group Eligibility to Employ Child Performers?
|Download the application - LS-553
|Where should I send completed application forms?
Send completed applications to:
New York State Department of Labor
|Is there an application fee for a Certificate of Eligibility to Employ Child Performers?
Yes. Checks or money orders should be made payable to the Commissioner of Labor.
Application fees are:
|For what period are Certificates of Eligibility to Employ Child Performers valid?
|A Certificate of Eligibility to Employ Child Performers is valid for up to three (3) years. A Certificate of Group Eligibility to Employ Child Performers is valid for two days only.
|What information is required on the application forms?
Detailed instructions are listed in the application. In general, an employer must list:
|How do I get proof of Workers’ Compensation and Disability Insurance, or proof of exemption?
|Forms C-105.2 and DB-120.1 show proof of coverage for NYS employers and can be obtained from your insurance carrier. Or, Form CE-200 stating that you do not need New York State Workers' Compensation and/or Disability Insurance coverage can be obtained from any district office of the Workers' Compensation Board or from their website at http://www.wcb.ny.gov/content/main/forms/AllForms.jsp
|Does a child model need a permit in New York State?
|Yes, child models who live or work in New York State are covered by the Labor Law and regulations as Child Performers.
|Must the employer of a child model have a Certificate of Eligibility to Employ?
|Yes, an employer who engages a child model to work in New York State must have a Certificate of Eligibility to Employ issued by the Department of Labor prior to employing a child model and must notify the Department of Labor at least two days before they are going to employ a child model. A Certificate of Eligibility to Employ is valid for three (3) years.
|If I have any other questions, where can I get help?
|Call the Permit and Certificate Unit of the Division of Labor Standards at (518) 457-1942. You also can send your questions by email to: [email protected]