Child performers: federal exemption + state carve-outs

The federal rule — 29 USC § 213(c)(3) and 29 CFR § 570.122

The Fair Labor Standards Act 29 USC § 213(c)(3) excludes from the federal child-labor age minimums anyone “employed as an actor or performer in motion pictures or theatrical productions, or in radio or television productions.” The implementing regulation, 29 CFR § 570.122, makes the same point: a child of any age may perform on set or stage without violating federal child-labor law.

The exemption is for the performance work itself: acting, singing, dancing, modeling, on-camera presenting. Production crew, set-construction, electrical, and stagehand work are not covered — those occupations still fall under the general age and Hazardous Orders rules in 29 CFR Part 570. Modeling is treated as performance work by USDOL for purposes of this exemption when the modeling is for a commercial production.

What the federal exemption does not do: it does not create a federal entertainment-work permit, it does not waive state law, and it does not exempt minor performers from compulsory schooling. Most production work for minors is governed by state-issued permits with state-specific hour caps, on-set education requirements, and trust-fund withholdings.

How states fill the federal gap

The federal exemption left the field to the states, and the states with major film, television, or theater industries built their own regulatory frameworks. The 7 states below issue a state-specific entertainment work permit, regulate the total time a minor performer may spend at the workplace (work + study + rest), and require an authorized adult on set during minors' working hours.

Common elements across the 7-state frameworks:

• Entertainment Work Permit issued by the state labor commissioner or department of labor before any production employment begins.
• Age-banded time-on-set caps regulating the total workplace time, not just performance time — including required school hours (usually 3 hrs per school day) and rest periods.
• Studio teacher / on-set welfare worker ratios (typically 1 per 10 minors or fewer).
• Trust-account requirements for a portion of the minor's earnings (California Coogan Account model; adopted in varying forms by NY, LA, and others).

The other 43 states: general rules apply

States without a dedicated entertainment framework treat minor performers under their general child-labor statute. That means: the same minimum age, the same hour caps, the same work-permit rules, and the same restricted-occupations list that apply to a 14-year-old in a retail or food-service job. The federal exemption removes the federal age minimum, but if the state requires a standard work permit for 14-year-olds, the state can still require it for a 14-year-old performer.

Productions hiring minors in these states should still check the state page for the general age-band caps and permit requirements that will govern the work.

Compare all 50 states' general teen labor rules →

What this means in practice

For a parent of a child actor or model

The federal age floor does not apply — your child can perform at any age. State law controls the day-to-day: how many hours on set, mandatory school time, what an “authorized adult” means in your state, and whether earnings must go into a trust account. Start with the state where the production is filmed, not where you live.

For a production company hiring minors

Apply for the state entertainment permit before the minor reports to set. Many states require pre-production notice (CA: 24 hours; NY: 2 business days for the first day's call sheet) and on-set studio teacher / welfare worker coverage. Federal Hazardous Orders apply to non-performance crew positions a minor might do — the exemption does not let a minor operate stage rigging, electrical, or pyrotechnics.

For a minor doing extra work, background, or commercials

Extra work, background performer roles, and commercial modeling are all covered by the federal performer exemption and most state entertainment frameworks. Day-player permits exist in CA, NY, and other major-market states for short single-day engagements without going through the full annual permit process.