Section 250.300  Number of Days Employment Limit

 

Under the provisions of Section 3 of the Act, no minor shall be employed for more than six days in any one week.

 

Section 250.302  Section 8.1(a) Work Hours Exception;  Maximum Hours on Set, Schooling, Health and Welfare of Child Performers in Television, Motion Picture, or Related Entertainment Productions

 

Child performers may be employed, permitted or allowed to work in a television, motion picture, or related entertainment production, in adherence with the limitations and requirements of this Section.

 

a)         Maximum Hours on Set.  A child performer's time permitted at the place of employment within a 24-hour time period is limited based on the child performer's age, as follows:

 

Child Performer's Age	Maximum Time on Set	Maximum Work Time	Rest, Meals and Recreation	School Hours
15 Days-6 Mos	2 Hrs	20 Min	Balance of Time
7 Mos-2 Yrs	4 Hrs	2 Hrs	Balance of Time
3-5 Yrs	5 Hrs	3 Hrs	1 Hr	On School Days: 1 Hr
6-8 Yrs	On School Days: 7 Hrs	On School Days: 4 Hrs	On School Days or Non School Days: 1 Hr	On School Days: 3 Hrs
	On Non-School Days: 8 Hrs	On Non-School Days: 6 Hrs
9-15 Yrs	9 Hrs	On School Days: 5 Hrs	On School Days or Non School Days: 1 Hr	On School Days: 3 Hrs
		On Non-School Days: 7 Hrs

 

b)         Requirements for School Hours 

 

1)         The employer shall provide a studio teacher or teachers to fulfill school hour requirements by age group on school days when the child performer is not otherwise receiving educational instruction.  The employer shall set aside a clean, well-lit place where the instruction can take place; 

 

2)         A studio teacher, retained by the employer, shall provide the following services:

 

A)        Educationally appropriate instruction for a child performer if employment, including performance and rehearsals, interferes with education requirements;

 

B)        For each child performer employed, a written report to the child perfomer's parents or legal guardians of subjects covered and the number of hours and dates of attendance.

 

C)        Manage recreational activity, meals and rest periods during non-school days;

 

D)        Age-appropriate activity for non-school age children; and

 

E)        Complement and provide supervision as needed during school days and non-school days;

 

3)         School hours may only take place between 7 a.m. and 4 p.m.;

 

4)         Materials needed for schooling, such as laptops and supplies, shall be provided by parents or legal guardians.  If a child performer lacks necessary supplies, the employer must provide supplies to ensure instruction can take place; and

 

5)         Additional Guidelines for the Employer to Achieve School Hours Requirements

 

A)        The child performer must receive at least one hour of school time per school day.  However, if the full school time requirement is not met on a particular school day due to the production schedule, the employer may have the child performer make up the difference on other work days, provided that the following requirements are met:

 

i)          The studio teacher must approve the make-up schedule;

 

ii)         The make-up school hours must be made up within one week before or after the day of the missed school hours;

 

iii)        The child performer's maximum time at the employment site shall not exceed the total maximum allowable number of work and school hours combined as provided in subsection (a);

 

iv)        The employer may make up no more than 2 school hours on any given day, including non-filming days when the child performer is required to be on the employment site for rehearsal or other preparations required outside of the actual performance with approval of studio teacher;

 

v)         School hours cannot be made up during holidays observed by the child performer's family; and

 

vi)        The child performer may not perform and make up school hours in excess of six days in a week.

 

c)         Staffing Requirements

The employer shall adhere to the following staffing requirements:

 

1)         A registered nurse shall be present for all rehearsals and performances when infants are on a set, in accordance with the following ratios, and may call for breaks as necessary:

 

A)        One nurse for no more than 3 infants between 15 days and 6 months of age; or

 

B)        One nurse for no more than 10 infants between 7 months and 1 year of age;

 

2)         A studio teacher shall be present to provide educational instruction in accordance with the following ratios:

 

A)        One studio teacher for no more than 10 child performers between age 5 and 8; or

 

B)        One studio teacher for no more than 20 child performers between age 9 and 15;

 

3)         Licensed medical professionals, such as emergency medical technicians or nurses, shall be retained by the employer and shall be on-site and available to respond to medical emergencies when child performers are present at the place of employment.  During remote-based performances, medical attention must be approved by written consent signed by the parents or legal guardian.

 

d)         Educational Requirements

The employer shall adhere to the following requirements regarding educational instruction and supervision:

 

1)         Content taught by the studio teacher shall be appropriate for the grade level of each child, as determined by the Illinois State Board of Education's Illinois Learning Standards (see 23 Ill. Adm. Code 1.Appendix D). Games may not be substituted for material taught to children during school hours;

 

2)         Instruction may be taught remotely by a studio teacher:

 

A)        If work performance takes place outside the place of employment; or

 

B)        To make up school hours, with the agreement of the child performer's parents or legal guardians and the employer.

 

e)         No child performer may be sent to wardrobe, dressing, hair dressing, or make-up without the supervision of a chaperone or studio teacher.

 

(Source:  Amended at 45 Ill. Reg. 14174, effective November 1, 2021)

 

Section 250.305  Applying for a Section 8.1(b) Work Hours Waiver

 

a)         No employer subject to the provisions of the Act shall employ, permit or allow a child performer to work in a television, motion picture, or a related entertainment production (as defined in Section 250.105) between 7 p.m. and 7 a.m. from Labor Day to June 1 or between 9 p.m. and 7 a.m. from June 1 until Labor Day, without first obtaining a certificate for a work hours waiver from the Department of Labor.

 

b)         An official application form for a work hours waiver shall be provided by the Department.  The employer shall answer all questions contained on the form, including, but not limited to: the name, address and birth date of the child performer at issue; the specific work hours during a particular date for which the employer requests the waiver; the name, address and telephone number of the person that the employer has assigned and authorized to supervise the child performer during the work hours covered by the application for a waiver; a specific description of the child performer's performance, including information concerning the plot of the movie or television series and, if a commercial or music video, its essential lyrics; and a description and address of the exact place(s) where the child performer will work during the hours covered by the waiver request, including information concerning the surrounding physical set or physical environment.

 

c)         The employer shall attach to the application for a work hours waiver a copy of the child performer's valid employment certificate, issued pursuant to Sections 9 - 12 of the Act.

 

d)         The application must be signed and dated by a parent or legal guardian of the child performer, the employer, and an authorized representative of a collective bargaining unit, if a union represents the child performer upon employment.

 

e)         The Department will evaluate the application to consider whether the waiver would be detrimental to the health or welfare of the child performer, whether the child performer would be supervised adequately; and whether the education of the child performer would be neglected.  For purposes of a nighttime waiver evaluation, work hours between 12:30 a.m. and 5:00 a.m. will generally be presumed to be detrimental to the welfare of the child performer.

 

f)         Any employer seeking a work hours waiver shall submit an application to the Department as soon as is practicable, but no less than 48 hours prior to any nighttime hours to be worked between Monday night and Thursday night/Friday morning at 9:00 a.m.

 

Waiver requests for nighttime hours to be worked over the weekend (between Friday evening at 7:00 p.m. or 9:00 p.m. as established in subsection (a), until 9:00 a.m. on the following Monday) must be submitted to the Department no later than 5:00 p.m. on the Thursday prior.

 

Alternatively, the employer may submit a combined request for a work hours waiver for up to one work week at a time.  Such weekly waivers must be submitted to the Department by no later than 5:00 p.m. on the Thursday prior.

 

(Source:  Amended at 45 Ill. Reg. 14174, effective November 1, 2021)

 

Section 250.310  Issuance of a Section 8.1(b) Work Hours Waiver

 

a)         The Department of Labor shall investigate the statements made on the employer's application for a work hours waiver and issue a certificate for a work hours waiver for the employer to employ said minor for the hours, under the condition specified by the application, when s/he is satisfied that the health, welfare and education of the minor will not be jeopardized by such work.

 

b)         An employer applying for a work hours waiver shall not consider its request granted until it receives a certificate for a work hours waiver from the Department of Labor, signed by the Director or his/her authorized representative.

 

c)         Upon the expiration of said waiver, an employer may reapply for a new work hours waiver for a date and time certain in the future, subject however to the same terms and conditions as required for an original application.

 

(Source:  Added at 19 Ill. Reg. 6564, effective May 2, 1995)

 

Section 250.315  Section 8.1(b) Work Hours Waiver Record Keeping and Disclosure Requirements

 

a)         An employer shall keep a copy of the certificate for a work hours waiver at the exact place(s) and address(es) where the minor is working during the hours covered by the waiver.

 

b)         An employer shall maintain a certificate for a work hours waiver issued pursuant to Section 8.1(b) of the Act and Section 250.310 of this Part for each minor employee for at least 3 years, irrespective of whether the employee has been terminated.

 

c)         An employer shall make all certificates for a work hours waiver available for inspection and transcription by a duly authorized agent of the Department.

 

(Source:  Added at 19 Ill. Reg. 6564, effective May 2, 1995)

SUBPART D: EMPLOYMENT CERTIFICATE ISSUING OFFICERS

 

Section 250.400  Certification by Issuing Officers

 

Section 10 of the Act requires certification by duly authorized representatives of the Regional or District Superintendent of Schools before a minor under 16 can be employed under the Act and this Part.  Issuing officers are responsible for:

 

a)         A knowledge of the Act and this Part;

 

b)         Issuing legal employment certificates and maintaining necessary records to comply with Sections 10, 11 and 12 of the Act;

 

c)         A determination of the legality of the minor's proposed employment and whether the minor is academically and physically capable of performing the work in addition to the school requirements.  If any one of these three tests is not satisfied, the issuing officer shall refuse to issue the employment certificate and notify the minor and the proposed employer of that refusal;

 

d)         Suspension and Revocation of an Employment Certificate

 

1)         Petitioning the Department to suspend any employment certificate:

 

A)        Found to be illegally or improperly issued; or

 

B)        When the minor's parent, guardian or school principal believes the employment is interfering with the best physical, intellectual or moral development of the minor; and

 

2)         If warranted, issuing a Notice of Suspension of the employment certificate. Following the procedures in Section 250.700, the Department, if it determines revocation of the certificate is warranted, will issue a Final Order of Revocation; and

 

e)         Issuance, upon request, of a Certificate of Age (see Section 14 of the Act) for individuals 16 through 19 years of age.

 

f)         Require a parent or legal guardian seeking a work permit on behalf of a minor to submit the following documents, through either a secure electronic transmission or certified U.S. Mail, to protect personal identifiable information such as birthdates, addresses, social security numbers, or any other document that may be confidential in nature, as required by the issuing officers in accordance with Section 12 of the Act, if in-person applications are not possible because of a declared gubernatorial disaster and an executive order waiving the in-person requirement is in force:

 

1)         the application for employment;

 

2)         the documents listed in Section 12 (1 through 4) of the Act; and

 

3)         a copy of a government issued photo identification for the person designated as the parent or legal guardian on the minor's birth certificate or court order regarding adoption or guardianship.

 

g)         Perform the following actions when an in-person interview with the minor and parents or legal guardians is not possible because of a declared gubernatorial disaster and an executive order waiving the in-person requirement is in force:

 

1)         receive and review the documents listed in subsection (f) in advance of the interview;

 

2)         schedule and host a video conference interview, with the minor seeking the employment certificate and the minor's parent or legal guardian simultaneously, to confirm consent to seek employment and verify the completeness of documents required by Section 12 (1 through 4) of the Act and subsection (f) of this Section at the time of the interview;

 

3)         if a parent or legal guardian does not have access to video technology, telephonically interview the parent or guardian.  In this circumstance, the issuing officer must provide the Department with a statement indicating the video interview was not possible and that a telephone interview was conducted; and

 

4)         email a copy of the approved employment certificate to the Department (dol.childlaborlaw@illinois.gov).

 

(Source:  Amended at 45 Ill. Reg. 14174, effective November 1, 2021)

SUBPART E: RESPONSIBILITIES OF EMPLOYERS

 

Section 250.500  Employer Responsibilities

 

The employer of the minor shall:

 

a)         Upon receiving a "Notice of Suspension", immediately suspend the employment of the minor until the final order is received.  The employer is then responsible for proper action as dictated by the final order (see Section 250.700);

 

b)         Become informed in the application of the Act and this Part to the employer's establishment or enterprise.  Information on the Act and this Part is available at the Department's website and will be provided upon request;

 

c)         Maintain a time record on each minor employee for at least 3 years from the date of employment, irrespectively of whether the employee has been terminated;

 

d)         Keep the required time records, or duplicate copies of those records, at the place of employment or business, at which the minor is currently employed and retain time records for terminated employees at the place of employment for at least 6 months after the date of termination or in accordance with 56 Ill. Adm. Code 210.730 if records are kept outside business premises; and

 

e)         Make available, during the regular business hours observed by the employer, the required time records for inspection and copying by a duly authorized agent of the Department.

 

(Source:  Amended at 45 Ill. Reg. 14174, effective November 1, 2021)

SUBPART F: APPLICABILITY OF THE ILLINOIS ADMINISTRATIVE PROCEDURE ACT

 

Section 250.600   Revocation of Employment Certificates; Civil Penalty Assessments

 

The provisions of the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, pars. 1001-1 et seq.) shall apply to contested cases involving the revocation of employment certificates under Section 16 and 17 of the Act and the final determination of civil penalties under Sections 17 and 17.3 of the Act.

 

(Source:  Amended at 16 Ill. Reg. 5335, effective March 24, 1992)

SUBPART G: HEARING PROCESS

 

Section 250.700  Procedure and Time Table for Suspension or Revocation of Employment Certificates

 

a)         The Department of Labor shall notify all interested parties to an employment certificate suspension pursuant to Section 16 and 17 of the Act of the Department's suspension action and of the Department's hearing procedure to either reinstate or revoke the certificate.

 

b)         A minor may, within 10 days after receipt of a suspension notice, request an informal investigation conference.  The request must be mailed to the Department's Chicago office.  The Department shall make an initial determination with respect to the legal and factual merits of the minor's request.

 

c)         If the request presents a reasonable issue of law or fact, an informal investigative conference shall be conducted at the Department's Chicago or Springfield office within 21 days of the issuance of the suspension notice. If the request is denied,  the Department shall notify the minor of its findings in writing within 10 days.

 

d)         If an informal conference is held, and the matter resolved, the Department shall within 10 days after the conference issue a final order.

 

e)         If an informal investigative conference was requested and held but did not resolve the matter, a minor may make a written request within 10 days after the investigative conference for an administrative hearing pursuant to Section 250.715 of this Part.  A request shall be prominently marked "request for administrative hearing on employment certificate."  The Department shall conduct the hearing at its Chicago or Springfield office within 21 days after the informal hearing.  The Department shall issue a final order 10 days after the administrative hearing.

 

f)         If a minor does not tender a request for an administrative hearing to the Department within 10 days after an informal investigative conference, the suspension shall become a final order of revocation on the 22nd day after the investigative hearing.

 

g)         As used herein "day" shall refer to a calendar day.  If the deadline for a conference or a hearing request falls on a weekend or a holiday, the minor may tender the request on the next following business day.

 

(Source:  Amended at 16 Ill. Reg. 5335, effective March 24, 1992)

 

Section 250.705  Procedure for Child Labor Penalty Assessment

 

a)         The Department shall conduct investigations, conferences, or hearings for the purpose of assessing penalties as provided under Section 17 of the Act.

 

b)         When the Department finds, upon evidence resulting from an investigation pursuant to Section 17 of the Act, that an employer has violated the Child Labor Law or Department regulations, the Department may convene an informal investigative conference for the purpose of obtaining evidence, identifying the issues in dispute, and exploring the possibility of a negotiated settlement. Notice of the conference shall be given to the employer at least 10 days prior thereto and shall identify the individuals requested to attend, along with any books, records or documents the employer must produce at the conference.  The Department shall consider the matter resolved in the event a settlement has been reached prior to the conference date.

 

c)         An employer may be accompanied at the informal investigative conference by an attorney, and by a translator if necessary.  The employer may bring witnesses to the conference in addition to those whose attendance may be specifically requested by the Department, but the Department employee conducting the conference shall decide which witnesses shall be heard and the order in which they will be heard.  The Department employee conducting the conference may exclude witnesses and other persons from the conference when they are not giving evidence, except that the employer's counsel, and translator if necessary, may be permitted to remain throughout.  The Department employee shall conduct and control the proceedings.  No tape recording, stenographic report or other verbatim record of the conference may be made.

 

d)         If any person becomes disruptive or abusive, the Departmental employee shall exclude the person from the conference and shall continue the conference without the excluded individual.

 

e)         If the informal investigative conference is held but did not resolve the dispute, a final determination on the amount of civil penalties shall be made in an administrative hearing pursuant to the provisions of the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, pars. 1001-1 et seq.) and Section 250.775 of this Part.

 

(Source:  Added at 16 Ill. Reg. 5335, effective March 24, 1992)

 

Section 250.710  Assessing Penalties

 

a)         The administrative determination of an amount of civil penalties, not to exceed $5,000 for each violation of the Act and the regulations, shall be based on the available evidence of the violation(s) and shall consider the size of the employer's business and the gravity of the violation(s).

 

b)         The Department's assessment of civil penalties shall consider the size of the employer's business.  The assessment shall take into account the number of employees employed by the employer, the gross dollar volume of sales or business done, the employer's capital investments and financial resources, and other information relevant to the size of the employer's business.

 

c)         The Department's assessment of civil penalties shall consider the gravity of the offense(s).  The assessment shall take into consideration, among other things, any history of prior violations, any evidence of willfulness or failure to take reasonable precautions to avoid violations, the number of minors illegally employed, the age of the minors employed, the absence of employment certificates, the occupations in which the minors were employed, exposure of the minors to hazards and any resultant injury to the minors, the duration of the illegal employment, and, as appropriate, the hours of the day in which it occurred and whether the employment was during or outside school hours.  The Department shall not consider an employer's assertion that it was unaware of the Act and/or these regulations as a mitigating factor in determining the gravity of the offense(s).

 

d)         A determination of civil penalties made in an administrative hearing pursuant to the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, pars. 1001-1 et seq.) and Section 250.715 of this Part shall be final.

 

(Source:  Added at 16 Ill. Reg. 5335, effective March 24, 1992)

 

Section 250.715  Procedure for Contested Cases; Suspension or Revocation of Employment Certificates; Final Determinations of Civil Penalties

 

The Department shall conduct administrative hearings for all contested cases involving the revocation of employment certificates and the final determination of civil penalties pursuant to the Illinois Administrative Procedure Act [5 ILCS 100] and to 56 Ill. Adm. Code 120.

 

(Source:  Amended at 25 Ill. Reg. 864, effective January 5, 2001)

SUBPART H: EMPLOYER VIOLATIONS

 

Section 250.800  Minimum Age

 

A violation of Section 1 of the Act shall be charged for each minor employee under the age of fourteen (14) not exempt from the Act.

 

Section 250.805  Hours of Work

 

A separate violation of Section 3 of the Act shall be charged for every instance in which an employer employed, permitted, or allowed a minor to work:

 

a)         for more than six consecutive days in any calendar week,

 

b)         over 48 hours in any calendar week when school is not in session,

 

c)         over eight hours per day,

 

d)         between 7 p.m. and 7 a.m. from Labor Day until June 1 or between 9 p.m. and 7 a.m. from June 1 until Labor Day,

 

e)         over three hours on a day school is in session,

 

f)         over eight hours per day combining school and work hours,

 

g)         over twenty-four hours in any calendar week when school is in session. (For specific requirements for minors under sixteen appearing in television or motion picture productions, see Sections 250.305 - 250.315, and 250.855).

 

(Source:  Amended at 19 Ill. Reg. 6564, effective May 2, 1995)

 

Section 250.810  Meal Period

 

A violation of Section 4 of the Act shall be charged for each minor during each work period of five or more continuous hours uninterrupted by a thirty (30) minute meal period.

 

Section 250.815  Posting of Hours

 

A violation of Section 5 of the Act shall be charged for each minor employed where employer has failed to post an abstract of the Act and/or a schedule of hours of work and/or meal periods.

 

Section 250.820  Time Record

 

a)         A violation of Section 6 of the Act shall be charged for each minor employed upon whom the employer has failed to keep a register of name, age and place of residence.

 

b)         A violation of Section 250.500c of this Part shall be charged for each minor employed upon whom the employer has failed to keep a record of time starting and ending work, time out and time in after meals, and the daily and weekly totals of hours worked.

 

(Source:  Amended at 16 Ill. Reg. 5335, effective March 24, 1992)

 

Section 250.825  Hazardous Occupations

 

A violation of Section 7 of the Act and/or Section 250.210, 250.215, 250.220, 250.235, or 250.240 of this Part, as appropriate, shall be charged for each minor employed in a hazardous occupation.

 

(Source:  Amended at 16 Ill. Reg. 5335, effective March 24, 1992)

 

Section 250.830  Minor Under Sixteen Appearing in Theatrical Productions

 

A violation shall be charged under Section 8 of the Act for each minor employed;

 

a)         for whom an employment certificate has not been issued,

 

b)         that performs in more than two performances in a given day,

 

c)         that participates in excess of eight performances in a given week, or nine when a holiday occurs in that week,

 

d)         that performs without the presence of the parent or guardian or by other appointed person charged with the care of the minor,

 

e)         that performs in excess of six days in a week,

 

f)         that performs in excess of twenty-four (24) hours per week,

 

g)         that fails to attend school as provided by the Illinois School Code,

 

h)         that is not provided proper rest and/or dressing room facilities.

 

(Source:  Amended at 5 Ill. Reg. 902, effective January 23, 1981)

 

Section 250.835  Employment Certificate Required

 

A violation of Section 9 of the Act shall be charged for each minor employed without an employment certificate.

 

Section 250.840  Duties of Employers

 

A violation of Section 13 of the Act shall be charged for each minor for whom the employer is unable to produce an employment certificate.

 

Section 250.845  Violations of Section 250.260 of the Rules and Regulations Pertaining to Employment of Minors as Models

 

A violation of Section 250.260 of this Part shall be charged for each minor for whom an employer has failed to comply with each applicable subsection thereof.

 

(Source:  Amended at 5 Ill. Reg. 902, effective January 23, 1981)

 

Section 250.850  Parent/Guardian Not Present at Performance

 

A violation of Section 250.265 of this Part shall be charged for each minor appearing in a rehearsal or performance during time which the parent or guardian is not present.

 

(Source:  Amended at 5 Ill. Reg. 902, effective January 23, 1981)

 

Section 250.855  Minors Under Sixteen Appearing in Television or Motion Picture Productions

 

A violation shall be charged under Section 8.1 of the Act for each child performer employed:

 

a)         for whom an employment certificate has not been issued;

 

b)         who performs without the presence of the chaperone;

 

c)         who performs in excess of the time limits set forth in Sec. 250.302(a);

 

d)         who performs or makes up school hours in excess of six days in a week;

 

e)         who fails to attend school or receive educational services as required by the Illinois School Code;

 

f)         who is not provided with a 12-hour rest break at the end of the performers work day and prior to the commencement of the child performer's next day of work or school;

 

g)         who is not provided with separate and adequate facilities for rest, schooling and recreation;

 

h)         who is an infant under 15 days old from the date indicated on the child's birth certificate; or

 

i)          who is under one year of age and was born before the 37^th week of the mother's pregnancy.

 

(Source:  Amended at 45 Ill. Reg. 14174, effective November 1, 2021)

 

Section 250.860  Minors:  Athletic or Acrobatic Activity and Stunts

 

It shall be a violation of the Act to require a minor performing in any theatrical, television and/or motion picture production to perform any unusual athletic or acrobatic activity or stunts unless the minor and parent or guardian represent that the minor is capable of performing such activity and the parent or guardian gives prior consent in writing.  Provided no minor shall be required to work in any hazardous situation which places him or her in a clear and present danger to life or limb, regardless of any parental consent.

 

(Source:  Added at 16 Ill. Reg. 5335, effective March 24, 1992)