12 CRR-NY 186-1.3NY-CRR
12 CRR-NY 186-1.3
12 CRR-NY 186-1.3
186-1.3 Exemptions.
(a) Live performances.
This Part shall not apply to participation, employment, use or exhibition of any child, other than in the making of a motion picture film or radio or television program:
(1) in a church, academy or school, including a dancing or dramatic school, as part of the regular services or activities thereof respectively; or
(2) in the annual graduation exercises of any such academy or school; or
(3) in a private home; or
(4) in any place where such performance is under the direction, control or supervision of a department of education.
(b) Radio and television.
This Part shall not apply to participation, employment, use or exhibition of any child in the performance of radio or television programs in cases where:
(1) the child or children broadcasting do so from a school, church, academy, museum, library or other religious, civic or educational institution; or
(2) for not more than two hours a week from the studios of a regularly licensed broadcasting company, where the performance of the child or children is of a nonprofessional character and occurs during hours when attendance for instruction is not required in accordance with the Education Law.
(c) Employer requirements.
In addition to the exemptions set forth above, the requirements of this Part that are imposed on employers, see Subparts 186-4 to 186-7 of this Part, shall not apply to participation, use, or exhibition of any child that:
(1) is not compensated beyond a stipend, which may not: be tied to productivity, be a substitute for compensation, or exceed 20 percent of the amount that would otherwise be required to hire a performer for the same services; and
(2) is not of a professional character; and
(3) occurs during hours when attendance for instruction is not required in accordance with the Education Law; and
(4) is not employed in connection with any trade, business or service.
(d) Penalties and sanctions.
No penalties or sanctions shall be imposed under this Part for conduct that violates this part where the employer self-identifies and ceases such conduct and abates the violation within 24 hours, either by coming into compliance with the requirement of this Part that was violated or by petitioning the commissioner for a variance from such requirement.
12 CRR-NY 186-1.3
Current through June 30, 2021
| End of Document |