Two or More Jobs in One Day [Div. Mgt. Memo 87-1]

  • combined hours of time on set for all jobs on a given day may not exceed those permitted by appropriate subsections of 8 CCR 11760
  • studio teacher on first set should attempt to arrange and ensure that at some point in the day the minor will have time allocated for school, rest & recreation, and meal periods
  • last company to employ minor on given day will be held responsible for assuring requirements of regulations have been met

Alternative Work Week [Div. Mgt. Memo 87-1]

  • it is permissible to provide instruction for the minor on Saturday and/or Sunday as part of the 5 out of 7 workweek schedule and the minor will not be required to attend school on the scheduled days off during the week, e.g., Monday and Tuesday. Instruction on Saturday and/or Sunday will be counted towards the 175 days per year instruction requirement under Sec. 48224 of the California Education Code.

One-Hour Situations
(looping, promotional publicity, personal appearances, wardrobe, make-up, hairdressing) [8CCR11762]

  • if a minor age 16 and under is NOT called to the set but is called for a period up to one (1) hour into wardrobe, make-up, hairdressing, promotional publicity, personal appearances, or for looping, when such minor’s school is not in session, a studio teacher need not be present
  • If a minor attended school that day, ANY amount of time spent in looping or publicity must be covered by a studio teacher
  • minor must be accompanied by a parent or guardian

State of California
Department of Industrial Relations
Division of Labor Standards Enforcement
525 Golden Gate Avenue
San Francisco, CA 94102

June 1,1999

Re: Interpretation of Title 8, California Code of Regulations 11762

The Labor Commissioner, Marcy Saunders, has asked me to respond to your May 4, 1999 letter, requesting interpretation for the above referenced regulation.

Title 8, CCR 11762 states:

No minor under the age of sixteen (16) may be sent to wardrobe, make-up, hairdressing or employed in any manner unless under the general supervision of a studio teacher. If any such minor is not called to the set but is called for a period up to one (1) hour into wardrobe, make-up, hairdressing, promotional publicity, personal appearances or for audio recording, when such minor’s school is not in session, a studio teacher need not be present but the minor must be accompanied by a parent or guardian.

Your letter states the “law has not been enforced as written.” We regret to hear this as the regulation is very clear on it’s face. As the enforcement agency regulating the conduct of studio teachers, the State Labor Commissioner wishes to confirm that if a child under the age of sixteen attends school and on that same day is subsequently sent to wardrobe, hairdressing, promotional publicity, personal appearances, or audio recording, a studio teacher must be present to supervise that child. The only time a studio teacher is not required under this regulation is when the student conducts these activities on a scheduled holiday or weekend. Should a production company or employer not abide by this regulation, please inform the Labor Commissioner so we may promptly investigate the alleged violation.

I hope I have adequately answered this issue. Should you have any further questions, concerns, or require additional interpretation, do not hesitate to contact the undersigned directly. Thank you for your ongoing interest in California labor law.

Yours truly,

David Gurley
Attornery for the Labor Commissioner

Two Consecutive Days Without School [8 CCR 11760 h]

  • when any minor between the ages of fourteen (14) and eighteen (18) obtains permission from school authorities to work during school hours for a period not to exceed two (2) consecutive days, working hours for such minor during either or both days may be extended to but shall not exceed eight (8) hours in twenty-four (24) hours
  • minor must present documentation from his/her school that the school granted him/her permission to work without receiving the minimum hours of schooling [Div. Mgmt. Memo 87-1,VI C]

Dinner Theater/Live Theater

  • studio teacher is required if minor is employed to perform any form of entertainment including dinner-theater groups and live theater [8 CAC 11751, Div. Mgt. Memo 87]
  • children participating as volunteers in Equity waiver theater do not need an entertainment work permit or a studio teacher [Div. Mgt. Memo 87-1, VI C]