If you employ child performers in your commercials, industrials or theatricals, I strongly urge you to read on. Effective March 28, 2004, New York State has launched the Child Performer Education and Trust Act of 2003.
This new law is administered and enforced by the New York State Department of Labor. It establishes minimal guidelines for the protection of child performers working throughout the entertainment industry in New York State. It has been created to protect the wages and education of the thousands of children working in our industry. The Screen Actors Guild (SAG), American Federation of Television and Radio Artists (AFTRA) and Actors’ Equity, the unions for entertainment industry performers, support the legislation.
The origin of this legislation dates back to 1939 in California, when "Coogan’s Law" arose out of the unfortunate experiences of the famous child actor, Jackie Coogan. Coogan was forced to sue his mother and stepfather after he reached his 21st birthday to recover funds he had earned as a child actor. His stepfather, Arthur Bernstein, declared at the time: "The law is on our side and Jackie Coogan will not get a cent from his past earnings." Bernstein was correct—but within 48 hours of the decision, California passed what has been referred to ever since as Coogan’s Law. The new law called for at least part of a kid actor’s earnings to be deposited in court administered trust funds that the child would receive when he or she reached the age of majority.
Despite having earned more than four million dollars, Coo-gan eventually collected only $126,000, most of which was spent on legal bills. His battle against his parents ended in futility. However, it did result in the landmark legislation that protects child actors monetarily from the exploitation of family members and employers in the entertainment industry.
Although parents of child performers in New York are familiar with the current requirement to obtain a work permit, there are some significant changes and additional responsibilities and procedures you should note. Here’s a summary of the main components of the law:
1. Permits: New York State law requires that all employers of child performers have a valid Certificate of Eligibility to Employ Child Performers and that all child performers they employ have a valid Employment Permit for a Child Performer. In an effort to make this process more user friendly, the Department of Labor has made these applications available online.
2. Trust Accounts: The bill provides child performers in New York with employment earnings protections including 15 percent of the child actor’s gross earnings that must be placed in a trust until the child reaches 18. UTMA and UGMA compliant accounts (a.k.a. Custodian accounts) or Blocked Trust accounts will all meet the trust account requirements. Coogan Trust Accounts established in California are also acceptable. A host of banks are familiar with UTMA and UGMA accounts, and the Actors Federal Credit Union is fully prepared to open Blocked Trust Accounts.
3. Satisfactory Academic Performance: The bill mandates that the employer provide a teacher for the child to receive adequate educational instruction while involved in fulfilling employment obligations. The Child Performer Education and Trust Act mandates, in part, that the child maintain satisfactory academic performance and that the parent work with the child performer, any certified teacher provided and the child’s school of enrollment to ensure that the child receives required instruction. SAG, AFTRA and Equity have requested further clarification to determine the exact information that will help guide parents and employers regarding proper compliance.
If you need more information, check out the New York State Department of Labor Web site (www.labor.state.ny.us) and click on "Child Performers Center." On their site, you can download certificates and permits. You can also call Ray Bradford, national director for equal opportunities at (212) 863-4251.
