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SURPRISE! Labor agrees to make changes. 
And now, the rest of the story . . .

 

The NYS Department Labor (DOL) announced yesterday that it has agreed to make changes to their proposed rules regulating Child Performers and their productions.  Well, what it said was ~ "Be assured we will review every comment thoroughly before any final decision is made.  In fact, based upon the extraordinary amount of feedback we've gotten so far, the Department expects to make substantial revisions to the proposed regulations." (Click Here for DOL Flyer)

 

Afraid It Won't Be a Good Kinda Surprise

Revisions are not a surprise.  The surprise will come when they publish their changes at some point, we don't know when, and give us 30 days to respond.  Suppose Labor just decides to extend the work hours from 10 p.m. to 12 a.m. for theatrical productions and keep the rest of their proposed changes in place?  It may quiet the media as Billy Elliot would continue to be a kid and not some 40 year old but would that work for the industry and for its performers? 

(Click for Newsletter Archives & Media)

 

Without a meaningful exchange of ideas, the Department of Labor has no benchmarks, no one to call b.s. on someone else's b.s., no vigorous debates, no insights, no convincing, no supporting evidence, no "why a provision works or doesn't work" based on historic roadmaps offered by states like California, and No Oprah Aha! Moments. (Click for Aha! Moments)

So what happens now?

Labor will review all the public comments and somehow determine which letter writers really understand the nuances of each segment of the entertainment industry, which scribes stand to make a buck, which authors genuinely have the interests of production and which have the backs of child performers. And somehow, Labor attorneys who didn't know that kids were permitted twice a year and not once, who didn't know current permits don't ask for a physician's certificate, who I imagine have never been on set and have never had a conversation with a child performer ~ Labor attorneys who have proven us to that they can drafti insane rules ~ are suppose to make changes to a rule that is fundamentally flawed. Public Commentary Ends Monday, Feb. 7th. (Click to Email Your Comments)


By Grace or Mercy

At this point, we operate by the grace or mercy of the Department of Labor.  We respectfully request that the DOL create an Advisory Board of industry leaders and affected groups including child performer advocates and establish committees to draft recommendations specific to each issue and each industry. Let's engage in a dialogue, an exchange ideas, so that we drill down the best, most responsible rules for our economy and our community. (Click to Sign Petition)


One More Time ~ 6,000 kids & 500 Companies

It's worth mentioning again, as the media has hooked the Broadway angle of this story, that the Labor rules go far beyond Billy Elliot and restrictive work hours. The proposed rules will impact 6,000 permitted child performers and 500 productions. In addition to restrictive work hours, the rules include:


Two mental and physical health certificates per year to access eating disorders through "weigh-ins," invasive questioning regarding their mental stability and monitoring of female's menstrual cycles; An unworkable education plan including mandated set location education and barring parents from "classrooms"; Employer discretion to deny performers sight and sound protection by their parent; Appointment of an unvetted, "responsible person" whose job qualifications remain undefined and whose allegiance is to their employer ~ productions; Making the Unblocked Trust Accounts worse, not better; End paid Background Work when employers use 20 or more Child Performers; And place extremely burdensome and costly requirements on productions ~ 6 position statements and 5 spreadsheets comparing old and new law are found on our web site. (Click for CPC Web Site)


What Do We Need?

As the rules are currently written, Child Performers are permitted twice a year. Aside from contact information, the permit mandates that a Verification of Satisfactory Academic Form and Trust Fund Account documentation be attached to renewal application. Original permit applicants must attached the Academic Form but are given a short period of time to supply Trust Fund Account documentation. Other protections exist through contracts, industry standards and the watchful eye of parents. (Click for Child Performer Permit)


New Yorkers Deserve the Best Rules in the Country ~ will work for FREE!

While there may be some room for improvement particularly with respect to the unblock Trust Accounts currently in place, the Department of Labor has proven to be reckless and unsophisticated in their attempts to impose new regulations. Labor desperately needs the help of industry professionals to help write reasonable, responsible rules that grow the production economy and protect the physical, mental and financial well being of child performers. Mr. Shapiro, why not use our talented professionals and their expertise to help draft the best rules in the country? I will work for FREE!


Thank you to everyone who attended the hearings, signed and forwarded the petition, emailed the DOL, connected me with media outlets and emailed me notes of encouragement.


Kelly Crisp
Founder, Child Performers Coalition
kelly@childperformerscoalition.org
Biz Parentz Logo
BizParentz Foundation's Letter to the Department of Labor
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BizParentz Foundation is the largest national non-profit corporation providing education, advocacy, and charitable support to parents and children engaged in the entertainment industry. Founded in 2004, the organization promotes a positive public image regarding child performers and educates the public regarding the safety and rights of child performers including child labor laws and regulations. BizParentz is a collaborative, volunteer effort of parents, government, and industry organizations and is the only organization with a national scope that includes union and non-union members.  Click Here for BizParentz Letter to DOL 

AFTRA's Letter to the Department of Labor

Child Performers Coalition received a copy of AFTRA's Letter to the Department of Labor at yesterday's Labor Hearing.  Click Here for AFTRA's Letter

 
Click Here for American Federation of Television and Radio Artists, AFL-CIO Web Site

On Location Education


Click Here for On Location Education's Hearing Comments & Letter to DOL by VP, Karin Farrell

Click Here for On Location Education's Letter to the DOL by President, Alan Simon (scroll below SAG's Letter as SAG adopted OLE's position on education
 
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