Rep. McNally Demands State Protect Children in Entertainment Industry, Strengthen Child Labor Laws

COLUMBUS – State Rep. Lauren McNally (D-Seven Hills) Tuesday provided written sponsor testimony in the House Commerce and Labor Committee on House Bills (HB) 521, the Child Performer Protection Act, and HB 541, legislation concerning the reporting of minor labor law violations and the penalties for violations in the state of Ohio.

“Ohio wants to be a player in the entertainment industry and wants to incentivize the economic benefits that can flow from production in our state. While being a card-carrying union member can help a child performer, it’s the state’s job to remove the risk of anyone being overworked and underpaid-especially when it concerns kids. We need laws on the books for them,” said Rep. McNally. “We appreciate the need for the likeness of children in the art we see and hear, and we want productions in Ohio to reflect the real lives of the people in this state and around the world. The Child Performer Protection Act will do that while ensuring those children whose likeness entertains us will have something to show for the work and sacrifice they have made.”

Jointly sponsored by State Representative Michele Grim (D-Toledo), the Child Performer Protection Act addresses the employment of minors in the entertainment industry and creates protections from financial, mental, emotional, and physical exploitation.

The Child Performer Protection Act will:

• Allow a child under 14 to be issued a work permit from their school district if they are a minor performer and of compulsory school age working in a motion picture, theatrical, radio, or television production while providing instruction that complies with the law and is taught by a licensed individual;
• Prohibit employment as a minor performer if the employment is detrimental to the minor’s life, health, safety, welfare, or morals or interferes with the minor’s schooling;
• Require accompaniment of a parent or guardian at all rehearsals appearances, performances, and sessions occurring in connection with the employment;
• Place restrictions on the number of hours minors may work per week using a tiered system based on age;
• Require an examination by an independent physician to verify that the minor is physically capable of the nature and duration of the employment;
• Prohibit exposure to potentially hazardous conditions unless a trainer or accredited technician is always present during potential exposure; and
• Require a parent or guardian to establish a trust account for the minor’s benefit, in which 15% of their earnings during employment will be deposited.

The committee also heard testimony on HB 541 from joint sponsor State Representative Richard Dell’Aquila (D-Seven Hills), focusing on the alarming child labor violations increases and lack of enforcement in Ohio.

“These are serious, and common, transgressions that call for heightened oversight and intervention by the Ohio Department of Commerce. Exploitation of children should never be tolerated, and I take these incidents very seriously. This is putting children in jobs with later, longer hours and more dangerous conditions, grinding them into the ground to avoid paying their adult parents the better wages and benefits they deserve, putting all consumers and people in harm’s way,” said Rep. McNally. “Children are not products; they are kids, and they are vulnerable. We should be investing in workers, adult workers, and letting kids be kids. Ohio can and needs to do better.”

HB 541 will:

• Allow the Department of Commerce’s Bureau of Wage and House Administration to hire staff to perform audits of businesses that hire minors, ensuring employers were securing proper work permits and parental consent prior to employment;
• Increase fines for violating existing child labor laws to $50,000 and appropriate $150,000 to investigate minor labor law violations and complaints; and
• Require school employees to report awareness of or reasonable suspicion of a student under 16 years old being employed in a manner that violates Ohio's minor labor laws.

“By expanding investigations, increasing penalties, and asking our educators to partner with us in placing the emphasis on learning and being a kid, Ohio will be sending a clear and concise message that children cannot and should never be the answer to our workforce shortage problems,” said Rep. McNally. “It is paramount that we prioritize and safeguard our most vulnerable populations from being harmed or taken advantage of in the workplace.”

Both the Child Performer Protection Act and HB 541 require several readings in the House Commerce and Labor Committee before a vote to all members of the Ohio House of Representatives. All legislation introduced in a General Assembly must become law before the end of the General Assembly. With the House Commerce and Labor Committee unlikely to reconvene again, Rep. McNally intends to re-introduce these protective measures in the 136th General Assembly.