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AB-2388 Employment: minors.(2017-2018)

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Date Published: 02/14/2018 09:00 PM


Assembly Bill No. 2388

Introduced by Assembly Member Chu

February 14, 2018

An act to amend Section 1308.5 of the Labor Code, relating to employment.


AB 2388, as introduced, Chu. Employment: minors.
Existing law regulates the employment of minors in the entertainment industry and requires the written consent of the Labor Commissioner for a minor under 16 years of age to take part in certain types of employment. Existing law makes it a crime to employ or for a parent or guardian to permit the employment of a minor in violation of these provisions.
This bill would include employment of a minor in social media advertising, as defined, within the types of employment subject to the written consent requirement. By expanding the scope of a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


 Section 1308.5 of the Labor Code is amended to read:

 (a) This section, with the exception of paragraph (4) of this subdivision, shall apply to all minors under the age of 16 years. The written consent of the Labor Commissioner in the form of a permit to employ a minor in the entertainment industry is required for any minor, not otherwise exempted by this chapter, for any of the following:
(1) The employment of any a minor, in the presentation of any a drama, legitimate play, or in any a radio broadcasting or television studio.
(2) The employment of any a minor 12 years of age or over in any other performance, concert, or entertainment.
(3) The appearance of any a minor over the age of eight years in any a performance, concert, or entertainment during the public school vacation.
(4) Allowing any a minor between the ages of 8 and 18 years, who is by any a law of this state permitted to be employed as an actor, actress, or performer in a theater, motion picture studio, radio broadcasting studio, or television studio, before 10 p.m., in the presentation of a performance, play, or drama continuing from an earlier hour until after 10 p.m., to continue his or her part in such this presentation between the hours of 10 p.m. and midnight.
(5) The appearance of any a minor in any entertainment which is noncommercial in nature.
(6) The employment of any a minor artist in the making of phonograph recordings.
(7) The employment of any a minor as an advertising or photographic model.
(8) The employment or appearance of any a minor pursuant to a contract approved by the superior court under Chapter 3 (commencing with Section 6750) of Part 3 of Division 11 of the Family Code.
(9) The employment of a minor in social media advertising. For purposes of this subdivision, “social media advertising” includes the use, demonstration, or placement of a product through a social media communication. “Social media” has the same meaning as in subdivision (a) of Section 980.
(b) Any person, or the agent, manager, superintendent, or officer thereof, employing either directly or indirectly through third persons, or any a parent or guardian of a minor who employs, or permits any a minor to be employed in violation of any of the provisions of this section is guilty of a misdemeanor. Failure to produce the written consent from the Labor Commissioner is prima facie evidence of the illegal employment of any a minor whose written consent is not produced.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.