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



Current Version: 09/05/18 - Chaptered        


SECTION 1.

 Section 1310 of the Labor Code is amended to read:

1310.
 This chapter and Chapter 3 (commencing with Section 1390) do not prohibit or prevent any of the following:
(a) The appearance of any minor in any church, public or religious school, or community entertainment.
(b) The appearance of any minor in any school entertainment or in any entertainment for charity or for children, for which an admission fee is not charged.
(c) The appearance of any minor in any radio or television broadcasting or digital exhibition, if the minor does not receive compensation directly or indirectly therefor, the engagement of the minor is limited to a single appearance lasting not more than one hour, and an admission fee is not charged for the radio or television broadcasting or digital exhibition.
(d) The appearance of any minor at any one event during a calendar year, occurring on a day on which school attendance is not required or on the day preceding such a day, lasting four hours or less, if a parent or guardian of the minor is present, for which the minor does not directly or indirectly receive any compensation.

SECTION 1.

 Section 1308.5 of the Labor Code is amended to read:

1308.5.
 (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 a minor, in the presentation of a drama, legitimate play, or in a radio broadcasting or television studio.
(2) The employment of a minor 12 years of age or over in any other performance, concert, or entertainment.
(3) The appearance of a minor over the age of eight years in a performance, concert, or entertainment during the public school vacation.
(4) Allowing a minor between the ages of 8 and 18 years, who is by 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 this presentation between the hours of 10 p.m. and midnight.
(5) The appearance of a minor in any entertainment which is noncommercial in nature.
(6) The employment of a minor artist in the making of phonograph recordings.
(7) The employment of a minor as an advertising or photographic model.
(8) The employment or appearance of 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 a parent or guardian of a minor who employs, or permits a minor to be employed in violation 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 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.