(820 ILCS 206/50) (This Section may contain text from a Public Act with a delayed effective date )
Sec. 50. Minors employed in live or pre-recorded, distributed, broadcast performances and modeling. (a) Notwithstanding the provisions of this Act, minors under 16 years of age may be employed as models or performers on live or pre-recorded radio or television, in motion pictures, or in other entertainment-related performances, subject to conditions that may be imposed by rule by the Department. (b) A child performer who works in a television, motion picture, or related entertainment production may be permitted to be at the place of employment, within a 24-hour time period, as follows: (1) Minors who have reached the age of 15 days but |
| have not reached the age of 6 months may be permitted to remain at the place of employment for a maximum of 2 hours. The 2-hour period shall consist of not more than 20 minutes of work.
|
|
(2) Minors who have reached the age of 6 months but
|
| who have not attained the age of 2 years may be permitted at the place of employment for a maximum of 4 hours. The 4-hour period shall consist of not more than 2 hours of work with the balance of the 4-hour period being rest and recreation.
|
|
(3) Minors who have reached the age of 2 years but
|
| who have not attained the age of 6 years may be permitted at the place of employment for a maximum of 6 hours. The 6-hour period shall consist of not more than 3 hours of work with the balance of the 6-hour period being rest, recreation, and education.
|
|
(4) Minors who have reached the age of 6 years but
|
| have not attained the age of 9 years may be permitted at the place of employment for a maximum of 8 hours. The 8-hour period shall consist of not more than 4 hours of work and at least 3 hours of schooling when the minor's school is in session. The studio teacher shall ensure that the minor receives up to one hour of rest and recreation. On days when the minor's school is not in session, working hours may be a maximum of 6 hours and one hour of rest and recreation.
|
|
(5) Minors who have reached the age of 9 years but
|
| who have not attained the age of 16 years may be permitted at the place of employment for a maximum of 9 hours. The 9-hour period shall consist of not more than 5 hours of work and at least 3 hours of schooling when the minor's school is in session. The studio teacher shall ensure that the minor receives at least one hour of rest and recreation. On days when the minor's school is not in session, working hours may be a maximum of 7 hours and one hour of rest and recreation.
|
|
(c) Notwithstanding the provisions of this Act, an employer who employs a minor under 16 years of age in a television, motion picture, or related entertainment production may allow the minor to work until 10 p.m. without seeking a waiver from the Department. An employer may apply to the Director, or the Director's authorized representative, for a waiver permitting a minor to work outside of the hours allowed by this Act.
(1) A waiver request for a minor to work between 10
|
| p.m. and 12:30 a.m. or between 5 a.m. and 7 a.m. shall be granted if the Director, or the Director's authorized representative, is satisfied that all of the following conditions are met:
|
|
(A) the employment shall not be detrimental to
|
| the health or welfare of the minor;
|
|
(B) the minor shall be supervised adequately;
(C) the education of the minor shall not be
|
|
(D) the total number of hours to be worked that
|
| day and week is not over the limits established in this Act or any rules adopted under this Act.
|
|
(2) A waiver request for a minor to work between
|
| 12:30 a.m. and 5 a.m. shall be granted if the Director, or the Director's authorized representative, is satisfied that all of the following conditions are met:
|
|
(A) the employment shall not be detrimental to
|
| the health or welfare of the minor;
|
|
(B) the minor shall be supervised adequately;
(C) the education of the minor shall not be
|
|
(D) performance by the minor during that time is
|
| critical to the success of the production, as demonstrated by true and accurate statements by the employer that filming cannot be completed at any other time of day;
|
|
(E) the filming primarily requires exterior
|
| footage of sunset, nighttime, or dawn;
|
|
(F) the filming is scheduled on the most optimal
|
| day of the week for the minor's schooling;
|
|
(G) the employer provides a schedule to the
|
| Department of schooling and rest periods on the day before, the day of, and the day after the overnight hours to be worked;
|
|
(H) the age of the minor is taken into account as
|
| provided by this Act or any rules adopted under this Act;
|
|
(I) the total number of hours to be worked that
|
| day and week is not over the limits established in this Act or any rules adopted under this Act; and
|
|
(J) the waiver request was received by the
|
| Department at least 72 hours prior to the overnight hours to be worked.
|
|
(d) An employer applying for the waiver shall submit to the Director, or the Director's authorized representative, a completed application on the form that the Director provides. The waiver shall contain signatures that show the consent of a parent or legal guardian of the minor, the employer, and an authorized representative of a collective bargaining unit if a collective bargaining unit represents the minor upon employment.
(Source: P.A. 103-721, eff. 1-1-25.)
|