NY · child performers
New York minor entertainment work permit
Federal FLSA exempts child performers from the federal age and hour minimums (29 USC § 213(c)(3); 29 CFR § 570.122), leaving the regulation to each state. New York runs a dedicated minor-entertainment framework with a state-issued permit, age-banded time-on-set caps, and on-set requirements. Below is the full New York framework, drawn from the state labor code and the issuing agency's guidance.
Quick facts
- Permit required
- Yes
- Min performer age
- No minimum
- Studio teacher
- Required
- Schooling on set
- 3 hr / school day
- Trust account
- Required (15% of gross)
- Age bands
- 6 regulated
- Last verified
The Child Performer Permit
Issued by: New York State Department of Labor
New York requires the permit before a minor performer reports to set. Pre-production notice to the state labor agency is the first step; the permit is tied to the individual minor, not the production, so a minor on multiple productions needs the permit current for each engagement.
Time-on-set caps by age band
New York regulates the total time at the workplace — work + school + rest combined — not just performance time. Each age band has its own daily cap. The breakdown of work vs. school vs. rest within the cap is shown in the notes where the state publishes it.
| Age band | Max hr / day at workplace | Breakdown |
|---|---|---|
| Under 6 months | 2 hr | Under 6 months: max 2 hours at place of employment; cannot be exposed to artificial light more than 30 minutes. |
| 0–1 yr | 4 hr | 6 months to under 2 years: max 4 hours at place of employment. |
| 2–5 yr | 6 hr | 2 to under 6 years: max 6 hours. |
| 6–8 yr | 8 hr | 6 to under 9 years: 8 hrs on school day (incl. 3 hrs schooling), 9 hrs non-school day. |
| 9–15 yr | 9 hr | 9 to under 16 years: 9 hrs per day (school day includes 3 hrs schooling). |
| 16–17 yr | 10 hr | 16–17 years: 10 hrs per day at place of employment; cannot exceed 6 consecutive days. |
How New York actually enforces this
New York requires both a Child Performer Permit (for the minor, renewed annually) and a Child Performer Employer Certificate of Eligibility (for the employer, renewed every 3 years). 15% of the child performer's gross earnings must be transferred to a trust account established under EPTL § 7-7.1 (NY's Coogan-equivalent). A NYSED-approved teacher must provide schooling on set whenever the minor would otherwise be in school.
Citation
NY Arts & Cultural Affairs Law Article 35 (§§ 35.01–35.05); 12 NYCRR Part 186; Estates, Powers & Trusts Law § 7-7.1