State Senator Catharine Young Discusses DOL's Proposed Child Performer Regulations

Testifying before a joint legislative budget hearing on human services on Wednesday, the New York State Department of Labor (DOL) Commissioner Colleen Gardner indicated DOL will make changes to a controversial set of proposed regulations governing child performers - but was vague on details, according to the hearing's Co-Chair Senator Catharine Young (R,I,C - Olean).

In November of last year, DOL proposed new child labor rules that would govern the way Broadway theaters, film and production companies doing business or located in New York employ child actors.

Included in the rules were overly strict and unmanageable guidelines covering mental and physical health screenings, work hour restrictions, parental supervision limitations and tutor or teacher requirements.

"We need to remember that Broadway, other theater venues, and the film making industry are all strong economic engines for this state. Parents and representatives in the industry have expressed real concerns about how restrictive these rules are," said Senator Young.

Senator Young said that people within the industry are worried that the DOL proposed rules are modeled similar to an old California law, a law that was subsequently corrected once entertainment industry jobs left the state.

"Without DOL making the necessary changes, we may see the unintended consequences of filmmakers going to other states or even other countries. Right now, we need to be doing everything we can to retain and build jobs in this state," she added.

Senator Young said that DOL has had three public meetings following the issuance of the draft regulations late last year. The volume of feedback DOL has received regarding the regulations has prompted a decision to revise them.

When asked by Senator Young about the changes at the hearing, Commissioner Gardner said changes would be coming but offered little specifics.

"We are reviewing all the comments we have received. It will probably take us several weeks to review them and then we will be coming back and more than likely issuing regulations that will address some of the comments we have received - and then there will be a new 30-day comment period following that," said Commissioner Gardner.

"I am happy to hear that Commissioner Gardner has taken into account many of these concerns and will hopefully make the necessary changes for the sake of all the parties involved, and most of all, for the safety and financial well being of these talented young performers," she added.
New York State law now requires each child performer to have a valid "Employment Permit for a Child Performer" from the DOL. There are approximately 6,000 children working professionally through the permitting process in New York.