OG silver screen comedian, W.C. Fields, famously said, “Never work with children or animals.” But sometimes, you just don’t have a choice in the matter and when it comes to working with children, a lot has changed since the time of It’s a Gift (1934).
Whether you need to cast a child actor for a Tongal project or an outside film venture, it’s important to be aware of the singular complications that a minor can bring to your set. The legalities of working with children vary from state-to-state and country-to-country, but it’s the responsibility of the production company to be aware of and abide by these laws. Below, we offer some best practices and resources for staying on the up-and-up based on the location of your shoot, but you should also seek out your local Film Commission for the most up-to-date information regarding child entertainment laws because each state has a different set of laws and regulations.
Things to be aware of when working with child actors:
Work Permits
In more than half of the US states, minors must have a permit to work. Your actor may already have this permit if they work regularly in the industry, but if not, their parent/guardian will need to obtain one. Similarly, laws in some places may require employers who hire a child performer to also obtain a permit. If you’re under a time crunch, some states will allow your actor’s parents/guardians to sign up for a Temporary Work Permit. Search for ‘Child Work Permit’ to pull up your local Department of Labor and learn more about the laws where you live.
Hours of Labor
Again, depending on where you shoot your production, you will need to be aware of how long you can keep a minor on set and how often they must have a break. The maximum number of hours vary by age of your actors and time of day your shoot takes place. Consult this US Department of Labor State Child Labor Standards page to learn more.
Coogan Accounts
For those of you working with child actors in the states of California, New York, Louisiana and New Mexico, the law requires that 15% of all minors' earnings must be set aside in a trust account commonly referred to as a Coogan Account. A Coogan Account exists to protect the earnings of child performer and they can only be accessed once the child has reached the age of majority. You may find that your child actor already has such an account set up - if so, make sure to get documentation - otherwise, their parent or guardian can open a Coogan Account on their behalf at one of several major banks.
Parents on Set
A parent of a child under age 16 - or a guardian appointed by the parent - is required to be available to their child at all times on set to protect the safety of their child. On the practical side, you should be prepared to have a place on set where the parent(s) can hang out while they wait.
Education
Working as a minor shouldn’t interfere with a child actor’s education, and laws have been created to ensure that kids won’t fall behind in their schooling despite working in entertainment. At a minimum, you will need to provide time and space for a child to get an education while they are on set, which may extend to hiring credentialed teachers in some instances. For instance, California law requires that all productions hire a licensed Studio Teacher to be on set whenever a child actor is present.
Again, these are the biggest areas of concern when working with underage performers, but we encourage you to research the laws in your area. If you plan to employ children for a video with Tongal, we will be more than happy to help you navigate these concerns and answer any questions. When in doubt, reach out to your local Film Commission and they should be able to give you more information.
Finally, we’d like to point out some extra considerations you might want to make when working with young actors before we close out this post:
