Musings from the Moon

A couple of months ago I was scouring the net, trying to ascertain clear and concise answers to child labors standards/laws, both Federal and State, pertaining to children in the comprehensive entertainment industry, including those in “Reality Shows“. My main concern was laws that show protection for children in the entertainment industry that if not protected by Federal or State law, are protected by one of the actor’s unions.

Most ARE protected- at least in part- even if a State law is lax. Funny thing about Unions, they actually take care of their members. Most unions – stage, film, radio or TV- require an actor to join the union after their first paying union job. When this is the case, a parent has no choice but to have their child join the union, and therefore that child is covered by at least some protection such as:

* Protection against physical harm whether that be through performance of stunts, involvement in potentially physically dangerous scenes, or from cast mates, production crew, etc.
* Protection from morally compromising situations
* Protection against nudity or partial nudity, whether that be of the child themselves or that of an adult cast mate
* Protection against sexual acts
* Protection against victimization of any kind

Obviously the foregoing can be subjective depending on the subject matter of the show/job and the age of the actor. Obviously a show that revolves around teenagers may very well have kissing involved, which could be considered a sexual act, as such, clear and concise guidelines are outlined in the child’s union contract, and agreed to before the child starts to work.

Other union protections include:

Compulsory education laws that are mandated to ensure that the education of the child will not to be interrupted not disrupted while the child is working. No matter whether the child is home schooled, public ally schooled or privately schooled, a child that is working MUST engage in formal educational instruction daily, and this instruction is considered a part of their TOTAL WORKING hours for the day, as is lunch and relaxation/play time. Allowable working hours depend on the age of the child and their State law mandate regarding same.

Union jobs are also required to have a social worker on set that is an uninterested party, and works solely to for the best interest of the child. She or he makes sure that union and state laws regarding the child are strictly enforced and that the best interests of the child are front and center, first and foremost. It is not unusual for the educational instructor to also be a certified social worker, and works that that duel capacity for the child. They are required to be a certified teacher that is qualified for the age of the child as well as being a certified social worker.

In addition to Actor’s Union Laws, there are presently five States that offer the most comprehensive State law regarding child actors. Not surprisingly, California leads the pack, and New York is on a close second. Coogans Law (http://en.wikipedia.org/wiki/Coogan_Law) first named and enacted in 1939 for the wildly famous child actor Jackie Coogan. Jackie made millions in his childhood working, only to find, upon adulthood, that his parents had spent almost all of his earnings. After years of working, due to his parent’s greed and the lack of laws enacted to protect him, he entered his adulthood practically broke.

Since 1939, the law has been revised numerous times and presently the State of California Coogan Law states that not only is a child actor’s earnings 100% THEIRS and theirs alone. Further their employer must put aside 15% of their earnings in a “”Coogan Account” (bank account/trust) which cannot be touched by the child’s parents/guardians/or other interested parties. While the California law states that the earnings are 100% the child’s, unfortunately that is not always adhered to, as such the Coogan Account cannot be legally accessed by the parent/guardian/interested party while the child is living, offering at least some guarantee of earned income when they come of age. New York law is very similar and offers primarily the same protections as does New Jersey. Other States that offer vital financial protection, although to a lesser extent are Louisiana, Ohio and New Mexico. It is interestingly to note that the recent New Mexico laws were enacted as a result of advocating and lobbying against the controversial 2007 “Reality TV” show, ‘Kid Nation’ which was filmed there.

So what happens when a child is involved in the entertainment industry, in a job that is not union, such as a “Reality TV” show?

The State law in which they are a resident presides. State child labor laws vary from State to State so it is worthy to note that the resident State’s entertainment child labor law takes precedence and supersedes any other State law in which the child may be working. In other words, if the child is a resident of the State of Pennsylvania and they travel to North Carolina to film, they are still bound by the laws of Pennsylvania.

Pennsylvania child labor law, particularly in relation to the Entertainment Industry, reads to me to be relatively clear cut, at least on the surface, and relatively protective, if not a bit vague on those protections and the specific areas of entertainment that they protect.

What isn’t clear, however, is what, if anything, a “Reality Show” constitutes. Television, performance, media? And therein lies the quandary, mystery and dangerous issues that are the core of the Gosselin children in relation to their work in this series.

“Reality Show” or not, I do not feel that there can be any argument that the Gosselin children are involved in entertainment as described below. While this Statutes states that the State of Pennsylvania allow minors seven years and older to employed by special permit, I did find a blurb on a law website that stated children under the age of seven could obtain a special permit as well, including infants, and as such they would be protected under the following Pennsylvania Law. To wit:

Section 7.1. (a) The Department of Labor and Industry is hereby authorized to issue special permits for the employment of minors seven and under eighteen years of age in theatrical productions, musical recitals or concerts, entertainment acts, modeling, radio, television, motion picture making, or in other similar forms or media of entertainment in Pennsylvania where the performance of such minor is not hazardous to his safety or well-being, except as follows:

(1) No such minor shall be permitted to perform after the hour of eleven-thirty in the evening. Do camera’s in the children’s rooms count here when they get up late at night or early in the morning and the cameras are running?

(2) No such minor shall be permitted to perform in any place or establishment where alcoholic beverages are sold or dispensed. I am curious to know whether this would include alcohol consumed in the home or any other establishment in which those children have been taken. I seem to remember Jon Gosselin’s Birthday party out in a restaurant in which the adults were imbibing.

(3) No such minor shall be permitted to perform in a boxing, sparring or wrestling match or exhibition or in an acrobatic or other act, performance or exhibition hazardous to his safety or well-being.

(4) No such minor shall appear in more than two performances in any one day nor in more than eight performances in any one week.

The following regards minors performing in a motion picture or theatrical performance:

(a.1) In addition to any permit authorized by subsection (a), the department shall be authorized to issue special permits for the temporary employment of minors as part of the performing cast in the production of a motion picture, if the department determines that adequate provision has been made for the educational instruction, supervision, health and welfare of the minor. Unless the department determines that more restrictive conditions are necessary, special permits authorized by this subsection shall authorize minors to work as part of the performing cast for forty-four hours in any one week and eight hours in any one day. Time spent on the set or on location while on call shall be excluded from any calculation of the maximum number of hours authorized by this subsection if the department determines that adequate provision has been made for the child’s education, supervision and welfare during such intervals. The department may restrict the number of hours which may be spent on call by the minor. The department may waive, in whole or in part, restrictions contained in this act and in any other act, on the time of day or night allowed for engaging in the employment authorized by this subsection, if the department determines that such waiver is necessary to preserve the artistic integrity of the motion picture and further determines that such waiver will not impair the educational instruction, supervision, health and welfare of the minor. Special permits authorized by this subsection shall be valid for a period of time not to exceed six months. An issued permit shall state that no minor, allowed under the permit to be temporarily employed, may be allowed on a set during, or may otherwise watch, the filming or rehearsal for filming of any sexual act. Nothing in this section shall be construed to supersede or repeal in part 18 Pa.C.S. §5903 (relating to obscene and other sexual materials) or 6312 (relating to sexual abuse of children).

((a.1) amended Dec. 21, 1988, P.L. 1908, No. 192)

(a.2) A special permit shall not be required under this section for a minor who participates in a nonprofit, educational, theatrical production if there is informed, written consent of a parent or guardian; if the participation is for a period of no more than fourteen consecutive days; if the participation is not during school hours; and if the minor receives no direct or indirect remuneration. All other existing limitations of this section shall remain applicable.

((a.2) added Dec. 21, 1998, P.L. 1242, No. 158)

(b) Rehearsals for performances as set forth in this section shall be permitted, providing the length of time and hours of starting and finishing such rehearsals added to performance duties are not such as to be injurious or harmful to the minor. Rehearsal time, if any, expected and the hours of starting and finishing same shall be set forth in the application as provided in this section, and the special permit issued shall state what rehearsal time is permissible.

(c) Nothing in this section shall be deemed to supersede or repeal any provisions of this act unless and until such special permit is issued for any such performance or series of performances.

(d) Application forms shall be in such form as shall be provided by the Department of Labor and Industry. Such forms shall be signed by both the employer of the minor and the parent or guardian of the minor, and shall contain the seal of a notary public and a statement that the facts as set forth in the application are true and correct. The application shall state what provisions are in effect to provide for the minor’s educational instruction, supervision, health and welfare and the safeguarding and conservation for the minor of the moneys derived from such performances. No special permit shall be issued for any performance where there is no adequate provision for such educational instruction, supervision, health and welfare and the safeguarding and conservation for the minor of the moneys derived from such performances.

(e) Appeals of any decision under this section made by the Department of Labor and Industry shall be to the Industrial Board which will hold a hearing on same.

Clearly the children are not in any of the actor’s unions, however, the foregoing law seems to be relatively clear on its requirements and protections, outside of any union protections. There is clarity regarding film, and theatrical performance. There is, however, ambiguity in relation to the other areas that were clearly listed in the first paragraph to the Statutes, to wit:

Section 7.1. (a) The Department of Labor and Industry is hereby authorized to issue special permits for the employment of minors seven and under eighteen years of age in theatrical productions, musical recitals or concerts, entertainment acts, modeling, radio, television, motion picture making, or in other similar forms or media of entertainment in Pennsylvania where the performance of such minor is not hazardous to his safety or well-being….

But what are the Gosselin children considered under the State of Pennsylvania Entertainment Child Labor Laws?

If not television or performer, then surely “OTHER SIMILAR FORMS OR MEDIA OF ENTERTAINMENT”?
At the very least, and as such, should have full protection of the Pennsylvania laws set forth, including some financial protection.

What I clearly do not understand why my letters to TLC and Figure 8 Films regarding the foregoing have been ignored. With all of the controversy that is surrounding this show, surely TLC and Figure 8 would like their fans, opposition and corporate sponsors know that the children (emotional ramifications aside) DO have some legal protection, whether this is a “Reality Show“ or not. It is obvious that it IS entertainment. Of that there can be no dispute.

Yet they stand mute, and I have to question why.

Perhaps Sandy Vito, acting Secretary of Labor for the State of Pennsylvania, and The Attorney General of the State of Pennsylvania, Tom Corbett, with the numerous letters that they have received regarding this issue, coupled with the recent statement from Paul Peterson, President of “A Minor Consideration” (http://www.minorcon.org/jon_kate1.html), will speak loud and clear.