Recent legislation concerning the employment of child models in New York State was signed into law Monday evening, October 21, 2013, by New York State Governor Andrew M. Cuomo and takes effect 30 days from signing.
The law extends the current employer obligations under the New York State Child Performer Education and Trust Act to also apply to the employment of print models and runway models under the age of 18 and applies to the employment of any print and runway model under the age of 18 who is a resident of New York State and regardless of where such model is employed to provide services. Among other requirements, a financial trust must be established by the child’s parent or guardian and employers are required to transfer at least 15% of gross earnings into the account. This requirement is the same as already applies to other categories of child performers.
Administration and enforcement of this new legislation will continue to fall under the jurisdiction of The State of New York Department of Labor (SNYDOL Website: http://www.labor.state.ny.us).
Specifics regarding the requirements pertaining to the employment of child print and runway models can be found on the SNYDOL website at: http://www.labor.state.ny.us/workerprotection/laborstandards/workprot/specoccs.shtm.
Members are advised to seek the guidance of their legal counsel as to the impact and applicability of this legislation to their own productions.
For those members not already familiar with the current regulations/forms applicable to the employment of child performers who are residents of New York State, that information can be accessed via the NYSDOL-Child Performer Center website: http://www.labor.state.ny.us/workerprotection/laborstandards/secure/child_index.shtm.