§ 40.5. Employment of minors in a performance
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 43 P.S. LaborEffective: January 22, 2013
Effective: January 22, 2013
43 P.S. § 40.5
Formerly cited as PA ST 43 P.S. § 48.1
§ 40.5. Employment of minors in a performance
(1) The minor models or renders artistic or creative expression in a live performance, on the radio, on television, in a movie, over the Internet, in a publication or via any other broadcast medium that may be transmitted to an audience and any person receives remuneration for the performance. Rehearsal for this activity is part of the performance.
(b) Requirements.--No minor may engage in a performance without an entertainment permit issued by the department. A minor may engage in a performance if the minor has an entertainment permit from the department for the length of the performance as provided for in subsection (c) and the following requirements are satisfied:
(vi) a hazardous performance, act or exhibition as defined by the department. The department shall publish a list in the Pennsylvania Bulletin which shall constitute prohibited hazardous performances, acts or exhibitions under this section, provided that the department, within three years of such publication, promulgates a regulation setting forth hazardous performances, acts or exhibitions; or
(vii) in any occupation designated as hazardous and otherwise prohibited under the Fair Labor Standards Act.1
(iii) state the legal and professional name of the minor, the date and place of the minor's birth, the name and permanent address of a parent or guardian of the minor, the name of the minor's parent or representative of the parent who will accompany the minor to rehearsals and performances, whether the minor has performed in other states requiring a permit or certificate to perform and whether the permit or certificate was obtained;
(D) a verification signed by the principal of the school attended by the minor or the issuing officer of the minor’s school district that the performance and rehearsals will not interfere with the educational instruction or school progress of the minor or a guarantee that arrangements are made for a qualified tutor for the minor. If the minor is to be tutored, the application shall set forth the name and address of the tutor, whether the tutor is a certified teacher, the name and address of the school official approving the subjects for tutoring and the tutoring arrangements and the number of hours per week the minor is to be tutored; and
(5) The work permit requirements of section 92 do not apply to the issuance of permits under this section.
(7) When any minor between 14 and 18 years of age obtains permission from school authorities to work during school hours for a period not to exceed two consecutive days, the working hours for such minor during either or both of such days may be extended to but shall not exceed eight hours in a 24-hour period.
(1) An irrevocable child performer trust account or a qualified tuition program established and maintained in accordance with section 529 of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 529) by this Commonwealth, another state, an agency or instrumentality of this Commonwealth or another state, or by one or more eligible educational institutions shall be established for a minor if the minor is entitled to receive residuals in accordance with a principal agreement or earnings are anticipated to exceed $2,500 for the production or if the minor has already earned in excess of $2,500 in prior employment in performance. A child performer trust account established in another state shall meet the requirements of this subsection.
(iv) In the case of employment for 30 days or less, the employer shall transfer the required amount to the child performer trust account or qualified tuition program within 30 days of the final day of employment. Such transfer shall be made in accordance with 20 Pa.C.S. Ch. 53 (relating to Pennsylvania Uniform Transfers to Minors Act).
(vi) If the minor's employer has not been notified within 15 days of commencement of employment of the existence of a child performer trust account or a qualified tuition program or no such child performer trust account or tuition program has been established by the minor's parent or guardian, then the minor's employer shall transfer such moneys together with the minor's name and last known address to the State Treasurer for placement into a child performer trust account for the benefit of the minor.
(xi) Proceeds of the child performer trust account shall remain in trust until the minor reaches at least 18 years of age. Proceeds may be distributed to the minor before 18 years of age only for the minor's legitimate health and educational needs. Proceeds may remain in trust for distribution to the minor after 18 years of age if the parent or guardian determines that it would serve the health, education and financial interests of the minor.
(1) An employer employing, either directly or indirectly through a third person, a minor who is guaranteed three or more consecutive days of employment shall provide a teacher or properly qualified private tutor as set forth in the act of March 10, 1949 (P.L. 30, No. 14),3 known as the Public School Code of 1949, who has an instructional certificate issued by the Department of Education, or a teacher with a comparable certificate in the state in which the minor resides. This requirement shall apply beginning on the first day that the minor renders services for that employer and shall continue on each day thereafter that the school of the minor's place of residence is in session and the minor is rendering services. The requirements of this section shall only be applicable when school is in session and the minor is not receiving educational instruction at the minor's school of enrollment due to his employment.
(2) In the event the minor is not guaranteed three or more consecutive days of employment, an employer shall provide a teacher or properly qualified private tutor as set forth in the Public School Code of 1949 who has an instructional certificate issued by the Department of Education, or a teacher with a comparable certificate in the state in which the minor resides on the third day of missed educational instruction through the remainder of the minor's employment on the production.
(3) If there is a hiatus in a production that employs a minor under this section, a teacher or properly qualified private tutor shall be provided to the minor during the hiatus for periods when school is in session, pursuant to the requirements described in this section, unless the minor is able to attend his school of enrollment.
(4) Where this section requires that an employer provide a teacher or properly qualified private tutor to a minor, the employer shall provide a ratio of at least one teacher or properly qualified private tutor for every ten minors unless the minors are within two grade levels, in which case the employer shall provide a ratio of at least one teacher or properly qualified private tutor for every 20 minors.
(5) School districts shall have the authority, in cooperation with the parent or guardian of the minor, to develop alternative methods by which minors may satisfy their educational requirements at times outside the normal school day. Alternative methods under this paragraph shall be no more restrictive than those set forth in this section.
(g) Waiver.--The department may waive one or more restrictions contained in this section, including, but not limited to, subsection (b)(4)(iii), (iv) and (v), if the department determines the waiver is necessary to preserve the artistic integrity of the performance, will not impair the educational instruction, health or safety of the minor and written permission is obtained from the minor's parent or guardian. The waiver request shall be submitted in writing at least 48 hours in advance of the time needed for the waiver and the department shall approve or reject the waiver.
(h) Foreign nationals.--In the case of a minor who is a foreign national temporarily in the United States and who will not be residing in this Commonwealth for more than 35 days in a calendar year, the requirements of subsections (e) and (f) shall not be applicable provided the employer certifies that the minor has satisfied the educational requirements of the minor's country of citizenship or is being offered access to age-appropriate educational instruction and that the minor's earnings are being paid to the minor or a third party in a manner that ensures conservation of the minor's earnings.
(2) The department may revoke a permit under this section without a prior hearing. Revocation may be appealed to the secretary, who shall conduct a hearing subject to 2 Pa.C.S. Chs. 5 Subch. A (relating to practice and procedure of Commonwealth agencies) and 7 Subch. A (relating to judicial review of Commonwealth agency action). The revocation shall remain in effect until the secretary issues a decision.
(2) is exempt from compulsory school attendance requirements under section 1330(1) of the Public School Code of 1949.4
Credits
2012, Oct. 24, P.L. 1209, No. 151, § 5, effective in 90 days [Jan. 22, 2013].
43 P.S. § 40.5, PA ST 43 P.S. § 40.5
Current through the end of the 2023 Regular Session. Some statute sections may be more current, see credits for details.
End of Document |