Alaska Child Labor Laws – Entertainment Industry

Alaska Child Labor Laws – Entertainment Industry


Alaska child labor laws allow youth of almost any age to work in the entertainment industry subject to several restrictions and limitations. The restrictions and limitations on child labor in Alaska in the entertainment industry are discussed below.



Entertainment industry defined

Alaska child labor laws define the entertain industry to include an organization or individual using the services of a child in:

  • motion pictures of any type, using any format, by any medium, including film, videotape, commercial documentary, theater, television, or videocassette
  • modeling
  • photography
  • recording
  • theatrical productions
  • publicity
  • rodeos
  • circuses
  • musical performances
  • any other live or recorded performances or rehearsals where a child performs to entertain the public

    Alaska Admin. Code 8 AAC 05.900(a)(7)



Work not considered a covered entertainment industry performance

Under Alaska child labor laws, the following activities are not considered employment as a performer in the entertainment industry if the minors do not receive any compensation:

  • church, school, or community entertainment
    • Community entertainment means a local performing arts group or association established to serve a certain locale that is staffed primarily by volunteers drawn from the people it serves (Alaska Admin. Code 8 AAC 05.900(a)(6))
  • entertainment for charity or for children for which no admission is charged
  • radio or television broadcasting exhibition consisting of a single performance by the child lasting not more than one hour and for which no admission fee is charged; an exhibition includes an appearance in a concert or choral presentation or as a member of an audience, panel, or gallery

Alaska Admin. Code 8 AAC 05.300(d)



Permits to work

Alaska child labor laws require entertainment industry employers to obtain work permits for minors before they employ them as performers. Alaska Statute 23.10.330(b), Alaska Admin. Code 8 AAC 05.300 to 340 The work permit entertainment industry employers must use is different than other employers who employ minors.

The entertainment industry work permit application has sections that must be filled out by the employer and section that must be filled out by the minor’s parent or guardian.

Once the application is completed, the employer must submit it to the Wage and Hour Administration of the Alaska Department of Labor and Workforce Development. Employers must obtain a work permit for each minor it plans on employing on a specific job. It must also obtain separate work permits for each job on which it plans on employing the same minor. Alaska Admin. Code 8 AAC 05.300(a)

The Alaska Department of Labor and Workforce Development has created an entertainment industry work permit application. It is required by law to require:

  • the legal and professional name of the child
  • the date of birth of the child
  • the written consent of the parent or guardian
  • the name and permanent address of the parent or guardian and the name of the parent, guardian, or representative who will accompany the child to rehearsals and performances
  • if the child has a legal guardian, proof of guardianship
  • the nature, time, duration, dates, and number of rehearsals and performances involving the child, with identification of the location and nature of those rehearsals and performances
  • the maximum combined rehearsal and performance times per day and per week involving the child
  • the rate of pay the child will receive for performing
  • a detailed description of the child’s role, including each activity to be performed; the description shall include an excerpt from the script that contains the child’s dialogue and action
  • any other information the department may request for clarification of items listed above

Alaska Admin. Code 8 AAC 05.300(b)

When submitting the application to the Wage and Hour Administration, the employer must include adequate proof of age for the minor, proof of guardianship, and proof of workers’ compensation coverage valid in Alaska. Alaska Admin. Code 8 AAC 05.300(c)

Proof of age

Adequate proof of age include, but are not limited to:

  • birth certificate
  • Bureau of Indian Affairs census record
  • passport
  • driver’s license
  • authenticated school record
  • federal age certificate
  • baptismal certificate
  • military dependent identification
  • family court records
  • affidavit from a physician

Alaska Admin. Code 8 AAC 05.280

Proof of guardianship

Adequate proof of guardianship includes:

  • general power of attorney appointing guardianship of the minor to an individual
  • power of attorney to an individual that specifically includes authorization regarding employment of the minor
  • marriage license and proof that the spouse of the minor is at least 18 years of age
  • state court award of guardianship of the minor to an individual
  • court order making the minor a ward of the state

Alaska Admin. Code 8 AAC 05.300(d)

Talent and casting agents

Talent and casting agents may obtain a provisional work permits for minors as the employer of record by completing the portion of the work permit application about the minor and submitting it to the Wage and Hour Administration. It is then the talent or casting agent’s responsibility to submit the remainder of the information required on the work permit application to the Wage and Hour Administration within 72 hours of sending the minor to a specific job call. Alaska Admin. Code 8 AAC 05.300(a)

Denial of permit

The Wage and Hour Administration of the Alaska Department of Labor may, in its discretion, deny an application of a work permit if it determines that denying the application serves the best interests of the health, development, education, or welfare of the child. The department keeps a record of all denials of permits, including its findings supporting the denials.

An employer may appeal a denial in writing to the Wage and Hour Administration within 30 days of the date the Administration issued the denial.

Alaska Admin. Code 8 AAC 05.305



Revocation

The Wage and Hour Administration of the Alaska Department of Labor may, in its discretion, revoke a permit if an employer violates the law or a term or condition specified in the minor’s work permit if the Administration determines the violation endangers the health, development, education, or welfare of the child. It will also revoke the work permit If a parent or guardian withdraws consent for the child to perform and informs the department of the withdrawal. The Administration’s revocation of a work permit takes effect immediately upon service in person or through the mail to the employer.

An employer may appeal a denial in writing to the Wage and Hour Administration within 30 days of the date the Administration issued the revocation.



Studio teachers

As a condition of receiving a work permit, except as discussed below, employers must provide studio teachers for minor performers:

  • from the age of birth to 16 years of age
  • from 16 to 18 years of age when required for the education of the minors

Alaska Admin. Code 8 AAC 05.315

Employers are not required to provide minors with a studio teacher if:

  • the minor’s performance work does not conflict with the schooling of the minor,
  • the employment occurs from a fixed location used by the employer in the employer’s regular course of business, and
  • the employment does not pose recognized serious hazards to the minor, such as employment in
    • dinner shows
    • cultural dance exhibitions
    • theatrical productions

Alaska Admin. Code 8 AAC 05.315(f)

To ensure that the employment of a minor in the entertainment industry will not conflict with the schooling of the minor, the department may require written authorization from school officials if the employment occurs during school hours. Alaska Admin. Code 8 AAC 05.315(g)

In addition to teaching, studio teachers are also responsible for the health, development, and welfare of children under 16 years of age while the children are at the place of employment. Studio teachers are responsible for ensuring compliance with the law and the work permit. Studio teachers may refuse to allow a minor to work on a set or location and may remove the minor from the set or location if, in the judgment of the studio teacher, conditions present a danger to the health, development, education, or welfare of the child. Alaska Admin. Code 8 AAC 05.315(c)

Studio teacher qualifications

To be eligible as a studio teacher, except in the limited circumstances discussed below, a studio teacher must possess an appropriate endorsement on a valid and current Type A Alaska teaching certificate to instruct the age level of the children in the teacher’s care and exhibit a working knowledge of Alaska’s child labor laws. Alaska Admin. Code 8 AAC 05.315(a)

If the teacher does not hold a valid and current Type A Alaska teaching certificate and is accompanying one or more non-resident minors, they must satisfy the studio teacher requirements of the minors’ state of origin and have a working knowledge of Alaska’s child labor laws. If the minors’ state of origin does not have studio teacher requirements, the studio teacher must have a valid and current teaching certificate from the minors’ state of origin to instruct the age level of the child and have a working knowledge of Alaska’s child labor laws. Alaska Admin. Code 8 AAC 05.315(d)

If the Wage and Hour Administration cannot find a studio teacher who exhibits a working knowledge of Alaska’s child labor laws available in the geographic location of the child’s employment in this state, the Administration may, in its discretion, waive the requirement that the studio teacher exhibit a working knowledge of Alaska’s child labor laws so long as the child’s health, development and welfare are not jeopardized and the studio teacher holds a valid and current Type A Alaska teaching certificate. A waiver granted under this exception expires when the employment of the child ends or at the close of 90 calendar days from the date the waiver was granted, whichever occurs first. Alaska Admin. Code 8 AAC 05.315(e)

Minimum number requirements

Employers must provide at least one (1) studio teacher for every 10 or fewer minors between the ages of six months to 16 years of age on school days. They must have at least one (1) studio teacher for every 20 minors between the ages of birth and 16 years of age on Saturdays, Sundays, holidays, or during school vacation periods. Alaska Admin. Code 8 AAC 05.315(a)

Employers must provide at least one (1) studio teacher and one (1) nurse for every three (3) or fewer minors between the ages of birth and six weeks. Employers must provide at least one (1) studio teacher and one (1) nurse for minors between the ages of (6) weeks and six (6) months. Alaska Admin. Code 8 AAC 05.315(b)

The required nurse must be a registered nurse, advanced nurse practitioner, physician assistant, emergency medical technician, mobile intensive care paramedic, or primary community health aide. Alaska Admin. Code 8 AAC 05.900(a)(9)

A studio teacher who also qualifies as a nurse may act as both studio teacher and nurse. Alaska Admin. Code 8 AAC 05.315(a)



Hours of work

Alaska child labor laws generally restrict the times during in a day during which an employer may require a minor to work from 5:00 a.m. to 10:00 p.m. on any day preceding a school day and from 5:00 a.m. to 12:30 a.m. the following day on any other day. Alaska Admin. Code 8 AAC 05.320(a) An employer may receive the consent of the Wage and Hour Administration of the Alaska Department of Labor and Workforce Development to have a minor between 8 and 18 years of age work after 10:00 p.m. but not later than 12:00 a.m. on a night preceding a school day if the performance begins before 10:00 p.m. Alaska Admin. Code 8 AAC 05.315(b)

Alaska child labor laws permit employers to have minors at the place of employment within a 24-hour period as follows:

  • minors from birth to six (6) months are limited to two (2) hours per day, with actual work time not to exceed 20 minutes per day
  • minors from six (6) months to two (2) years are limited to four (4) hours per day, with actual work time not to exceed two (2) hours
  • minors from two (2) years to six (6) years are limited to six (6) hours per day, with actual work time not to exceed three (3) hours
  • minors from six (6) years to nine (9) years are limited to eight (8) hours per day, with actual work time not to exceed four (4) hours, except that when school is not in session, actual work time may be increased to six (6) hours; when school is in session, an eight (8)-hour day must include at least three (3) hours of schooling
  • minors from nine (9) years to 16 years are limited to nine (9) hours per day, with actual work time not to exceed five (5) hours, except that when school is not in session, work time may be increased to seven (7) hours; when school is in session, a nine (9)-hour day must include at least three (3) hours of schooling
  • minors from 16 years to 17 years are limited to 10 hours per day, with actual work time not to exceed six (6) hours, except that when school is not in session, work time may be increased to eight (8) hours; when school is in session, children age 16 through 17 years who are enrolled in school must receive at least three (3) hours of schooling in a 10-hour day

Alaska Admin. Code 8 AAC 05.320(d)

Other requirements and limitations

The hours listed above that a minor may work do not include a meal period. The working day for the child may be extended by no more than one-half hour for a meal period. Alaska Admin. Code 8 AAC 05.320(d)

The time it takes a minor to travel to and from a location must be included as time at the place of employment. Alaska Admin. Code 8 AAC 05.320(e)

The time spent by a minor in make-up or hairdressing with the assistance of studio personnel in the minor’s home is considered work time for the child. Twelve (12) hours must elapse between the time the minor is dismissed from work on one day and the time make-up or hairdressing begins on the following day. Alaska Admin. Code 8 AAC 05.320(f)

Twelve (12) hours must elapse between the employer dismisses the minor and the time of call on the following day. If the minor’s regular school starts less than 12 hours after the time the employer dismisses the child, the child must be schooled the following day at the employer’s place of business. Alaska Admin. Code 8 AAC 05.320(g)

The Wage and Hour Administration may alter or waive the working hour requirements for a minor if the standard work hour requirements make it impossible to legally employ the child. An employer may request, in writing, an alteration or a waiver from the Wage and Hour administration. The requests must provide specific information about the employer’s needs and the circumstances involved and must substantiate that no alternatives are feasible. The Wage and Hour Administration may issue an alteration or a waiver of the standard work hours requirements if it is demonstrated that:

  • the employment will not be detrimental to the health, development, or welfare of the minor;
  • the minor will be supervised adequately; and
  • the education of the child will not be neglected.
  • Alaska Admin. Code 8 AAC 05.320(h)



Working conditions

A parent or guardian or their representative must accompany a minor under 16 and remain with them on the set or location. An employer must, at any time, allow parents or guardians or their representatives access to the minor. Alaska Admin. Code 8 AAC 05.330(a)

An employer must provide:

  • a safe, secure, and suitable place for children to rest and play; and
  • suitable nursery facilities, if a child age 3 years or younger is employed on the set or location.

Alaska Admin. Code 8 AAC 05.330(b)

Employers may not expose minors under six (6) months of age to lights of greater than 100 foot candlelight intensity for more than 30 seconds at a time. Alaska Admin. Code 8 AAC 05.330(c)

Employers must provide transportation to the closest medical facility providing emergency services at all times while minors are present at the place of employment. Alaska Admin. Code 8 AAC 05.330(d)

On location, employers must provide minors with return transportation to their living quarters in an adequate vehicle promptly upon completion of allowable work time. Alaska Admin. Code 8 AAC 05.330(e)



Prohibited practices

A person may not employ or allow a child under 18 years of age to work in the entertainment industry in

  • a practice, exhibition, or situation that places the child in clear and present danger to the health, development, or welfare of the child; or
  • an illegal, an indecent, or a lewd exhibition or practice, including the following actual or simulated acts:
    • acts described as unlawful exploitation of a minor under Alaska law
    • sexual masochism or sadism.
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