Employment of Infants in the Entertainment Industry. AB 267

A new law, AB 267, passed in September 2019 provides additional employment protections for infants including their work as models and their recording.

Prior to the passage of the new law, employers who hired minors required the written consent of the California Labor Commission if the minor was under 16 – for certain kinds of employment. This included a special certification from a doctor or surgeon for infants under the age of one month. Failure to follow the laws could result in criminal charges.

The new law seeks to expand the certification requirements for infants to cover any type of employment – not just specific types.

Under the new law:

  • A minor means – any person under the age of 18 who is required to attend school (under other parts of the California Code) and any person under six years of age. Additional conditions apply for nonresidents of California.
  • “Entertainment industry means motion pictures of any type, including, but not limited to, film or videotape, using any format, including, but not limited to, theatrical film, commercial, documentary, or television program, by any medium, including, but not limited to, theater, television, or videocassette; photography; recording; modeling; theatrical productions; publicity; rodeos; circuses; musical performances; advertising; and any other performances where a minor performs to entertain the public.”
  • The certification requirement for infants under the age of one month to work in the employment industry requires that the health provider

“is board-certified in pediatrics and provides written certification that the infant is at least 15 days old and, in their medical opinion, the infant was carried to full term, was of normal birth weight, is physically capable of handling the stress of working in the entertainment industry, and the infant’s lungs, eyes, heart, and immune system are sufficiently developed to withstand the potential risks.”

The people who can be charged with violating this law include any “parent, guardian, or employer of a minor, and any officer or agent of an employer of a minor,” Fines, misdemeanor convictions, and imprisonment for up to 60 days may result from a violation of the law.

Additional parts of the law apply to physicians or surgeons certified in family medicine.

The California Law Offices of Stephen A. Danz and Associates files claims against employers who violate the rights of employees and workers – of all ages. If you have been fired, failed to get a job, failed to be promoted, or been denied benefits for any reason, our employment lawyers have the experience and resources to help. To schedule an appointment, call 877-789-9707 or fill out our online contact form. Se habla espanol.