Overview

The basic requirements for parents, guardians, and employers of child performers are as follows: employers who engage a child performer to work in this state must obtain a certificate to employ the performer and parents or guardians must obtain a Child Performer Permit so the performer is eligible to work in this state.

To ensure you receive your permit in time, allow 15 days for processing. 

Due to the volume of permit requests, we are unable to honor requests for immediate issuance of a permit. 

Apply for a Permit

Before work begins, a parent or guardian of the child performer must apply for a permit and provide a copy to each employer.

 

First-time applicants may apply for a 15-day permit

Apply

If your child has had a child performer permit before, apply for a 12-month permit

Apply

In addition, the parent or guardian must: 

  • Provide all required documentation with the 1-year permit application. That documentation may include the school form, health form and trust account form. Review this checklist for all necessary forms and documents.
  • Renew the permit for the child performer 30 days prior to expiration.
  • Establish a child performer trust account, unless one already exists.
  • Notify the child performer's employer of:
    • the existence of the account including any information needed to make transfers
    • any change in facts that could affect the employer's obligation to make transfers
    • if they wish to transfer more than 15% of the child performer's gross earnings to the trust account
  • Appoint a trust company as custodian of the account once the balance reaches $250,000
  • Work with the child performer, any certified teacher provided by the employer and with the child's school to make sure that the child maintains good academic performance
  • Make sure that a child performer required to attend school is not without a teacher and unemployed for longer than ten (10) consecutive days while the school is in session

Trust Accounts

New York State Law requires 15% of a child perfomer's earnings to be placed in trust in accordance with Part 7 of Article 7 of the Estates, Powers and Trusts Law. The child performer's parents or guardian must establish the Child Performer Trust account to comply with this requirement. The child's parents or guardian must provide the child performer's employer with the information necessary to transfer these monies to the account. Failure to comply with this requirement will prevent the Department of Labor from renewing the child's permit to work as a child performer.

Under New York State law, a child performer’s employer must transfer 15% of the gross earnings for placement into a trust set up for the child performer by the child performer the parent or guardian.

The employer must:

  • Obtain from the child performer’s parent/guardian or custodian the information required to make the transfers
  • Transfer the appropriate amounts for placement into the trust account.
    • When the employment contract is for 30 days or less, transfer 15% of gross earnings within 30 days following the final day of the child performer’s employment.
    • When the employment contract is for longer than 30 days, transfer 15% of gross earnings at the end of each payroll period.
    • By request of the parent/guardian or custodian, the amount transferred can be increased to more than 15%.
    • If the parent/guardian or custodian has not provided the necessary information within 15 days of the start of employment, or no such account has been established, transfer the money together with the child performer’s name and last known address to the State Comptroller for placement into the child performer’s holding fund.  Contact the State Comptroller about this at (518) 474-4022.

The parent/guardian must:

  • Set up a child performer trust account and notify the child performer’s employer of the existence of the account (including any details required to make transfers) within 15 days of the start of employment, unless one already exists when the child is employed under a Temporary 15-Day Online Child Performer Permit.
  • Notify the child performer’s employer of the existence of the account at the start of employment (including any details required to make transfers) by attaching trust information to the copy of the 12-month Child Performer Permit given to the employer.
  • Notify the employer of any change in facts that could affect the employer’s obligation to make transfers
  • Notify the child performer’s employer if they wish to transfer more than 15% of the child performer’s gross earnings
  • Appoint a trust company as custodian of the account once the balance reaches $250,000
  • Child Performer Trust Documentation must also be provided by the parent/guardian to any employer who engages minors at paid performance work under an Employer Certificate of Group Eligibility to Employ Child Performers.
  • Submit account information or updated information when applying for a 12 month permit.

Trust Account Form

 

For Employers

The employer must:

  • Get a Certificate of Eligibility to Employ Child Performers LS-550 (valid for three years) before they employ any child performers
  • Renew this certificate before it expires
  • Read and understand Regulations Part 186 Child Performers
  • Make trust account transfers for paid employment to the performer’s trust account, or to the NYS Comptroller if the parent/guardian did not provide the trust account information
  • Provide a teacher to performers as required
  • Maintain proper records and keep permits and certificate on file
  • Obtain emergency contact information and authorization to perform emergency medical treatment from parent/guardian of performers (LS 563)
  • Designate a responsible person(s) as required for performers under age 16 and provide a nurse(s) for infants, or obtain written designation from parent/guardian as required
  • Provide safety and health information to performers, parents/guardians and responsible persons
  • Provide meal and rest breaks and abide by permitted working hours for child performers

The Group Employer must:

  • Read and understand Regulations Part 186 Child Performers
  • Make trust account transfers for paid employment to the performer’s trust account, or to the NYS Comptroller if the parent/guardian did not provide the trust account information
  • Obtain performer information, emergency contact information, authorization to perform emergency medical treatment, and permission to perform from parent/guardian of performers (LS 563)
  • Maintain proper records, keep performer information and certificate(s) on file
  • Designate at least one responsible person for every 20 performers, or fraction thereof, under age 16 and also provide a nurse(s) for infants as required
  • Provide safety and health information to performers, parents/guardians and responsible persons
  • Provide meal and rest breaks and abide by permitted working hours for child performers

Frequently Asked Questions

Laws and Regulations