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Regulations Take Effect April 1st

The End

And They Lived Happily Ever After . . . The End Every story has an ending.  This one has a happy one. The much anticipated New York Department of Labor Child Performer regulations have been adopted and become effective today, April 1, 2013. These regulations interpret the broadly written Child Performer Education & Trust Act of 2003 that gives the NY DOL authority to regulate child performers and productions that include children. New Language We are pleased with the new language drafted by newly appointed Pico Ben-Amotz, Deputy Commissioner for Worker Protection at the NYS DOL, with the support of Governor Cuomo’s Office.  It bears repeating that Mr. Ben-Amotz graciously asked for our input, reviewed…

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New Proposed Labor Regs & Hearing – Pass it on!

secret

The New York Department of Labor has filed their new proposed regulations for child performers.   As you read through the new proposed regulations, you will note very positive changes. To review the proposed regulations in their entirety, please click here. Labor Commissioner Replaced In June, Governor Cuomo replaced Commissioner Colleen Gardner. The Governor’s new appointment, Commissioner Rivera, is a former Assemblyman, a former Bronx Detective and Assistant District Attorney, Homicide Bureau. Commissioner Rivera then appointed Pico Paul Ben-Amotz, new Acting Counsel for the NYS Department of Labor. New Acting Counsel Asks For Our Input Since his appointment, Mr. Ben-Amotz has graciously asked for our input, reviewed our position statements and newsletters found on www.childperformerscoalition.org, sought…

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Proposed Labor Regs are DEAD

superman standing

The New York State Department of State confirms that the Child Performer proposed regulations have EXPIRED.  The NYS Department of Labor did not adopt their proposed regulations by the March 26th deadline nor did they file to extend their time.  Although technically, Labor can refile the regulations, this seems unlikely given Governor Cuomo’s recent announcement. Labor Commissioner To Be Replaced On Saturday, Governor Cuomo announced that he has selected Bronx Assemblyman Peter Rivera to replace Colleen Gardner as Commissioner of the NYS Department of Labor.  Assemblyman Rivera, set take over in June upon approval of the Senate, is a former Bronx Detective and Assistant District Attorney, Homicide Bureau.  It appears from Rivera’s bio that we…

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New Proposed DOL Regulations

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Please click on the link below to view the proposed changes to Part 186 Child Performers, New York State Department of Labor Regulation.  The regulation language begins on page 19.  Note:  Education begins on page 33 and Work Hours on page 35.   Click Here for New Language BELOW IS ANALYSIS OF THE CHANGES AND OUR RECOMMENDATIONS For over a year, the New York Department of Labor has held the child performer community and entertainment industry hostage to their gross incompetence as a regulatory body.  Without sweeping changes, their reckless proposed regulations would jeopardize the well being of over 6,000 child performers and negatively impact about 500 production companies.  Frankly, it has been stunning to witness a state agency’s…

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Regs Remove Kids from Parent Protection & Welcome Sexual Predators

boy cropped IW

Appointment of a “Responsible Person” Will Increase Production Costs & Endanger Child Performs § 186-4.6, “Provision for a responsible person,” fails to provide for the safety of the child performer. Under this new language, the production company is under no legal obligation to provide the parent with “sight and sound” access (SAG Rule) to their child over the age of six and can appoint a “responsible person” to supervise the child without criminal background checks or adhering to the “sight and sound” rule. Hiring and vetting one or more “responsible persons” will increase production costs. § 186-4.6 Language • When a child performer is less than six years old: “the employer shall allow a parent or guardian to accompany the…

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Mental & Physical Exams Interfere with Doc/Patient Relationship & Invade Privacy

doctor patient

Mental & Physical Health Exams Interfere with Doctor/Patient Relationship and Jeopardize Right to Privacy (Click Here for Child Performer Advisory Board Recommendations, a.k.a “Eating Disorder Committee”) § 186-3.2(10) Application for child performer permit, is nothing more than a tax to child performers and an obstacle for production companies considering working in New York. Negative consequences: “doctor shopping,” permitting delays, barriers for temporary permit holders, violations to Rights of Privacy, and unintended consequences for production companies including production delays. This proposed rule does not provide any safeguards to the physical and mental well being of child performers. Valuable safe guards are already in place. Language “(10) A certificate signed by a physician licensed to practice medicine within…

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Our Recommendations

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Child Performers Coalition & BizParentz Recommendations to Improve Proposed DOL Child Performer Rules Sight and Sound Access Mandate employers provide “Sight and Sound” Access.  Either Child Performers must have “Sight and Sound” Access to their Parent or, conversely, Parent must have “Sight and Sound” Access to their Child. Responsible Person ~ Upon mutual agreement between Employer and Parent, Employer MAY appoint a Responsible Person who may NEVER deny or interfere with “Sight and Sound” Access.  Perhaps, the term “Responsible Person” could be changed to “Performer Liason.”  The production could appoint one person on set to be the liason between the child performer and the production ~ “Performer Liason.”   The production would not incur additional costs…

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1035 Pages of Discovery Finds Lack of Labor Leadership

DOL Discovery sm

1035 Pages of Discovery Finds Lack of Labor Leadership An exchange between Weinstein, Asst Counsel to Gov Patterson, and DOL. Child Performers Coalition (CPC), along with BizParentz Foundation, has led the charge to hold the New York State Department of Labor (DOL) accountable for their disastrous  proposed changes to their regulations affecting 6,000 child performers and the 500 productions that employee children.  We continue to say that Labor has taken bunch of bad ideas and written them down.  Unfortunately, without common sense changes, those bad ideas will soon become bad law.  We believe the NYS DOL was reckless, incompetent and rouge in drafting these new regulations ~ refusing to involve child performers in the process…

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NY1 News, NY Daily News & Hollywood Reporter

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New York Television News Features Child Performers Story in 3 Minute Segment Frank DiLella, NY 1′s “On Stage” reporter, profiles the Child Performer/Labor story in a three minute segment that will air throughout the weekend and Monday.  The story features Kelly Crisp, Founder of Child Performers Coalition, Adam Riegler, currently performing on Broadway as  “Pugsley” in The Addams Family and Maria Somma, spokesperson for Actor’s Equity.  Leo Rosales, spokesperson for the NYS Department of Labor can be heard in a telephone interview with Mr. DiLella.  A special thanks to Frank DiLella for featuring the story!  See below for video link. Tremendous thanks also goes to one of our parents who brought this story to NY1…

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Backstage Magazine Article: Together for the Kids

Backstage

  Backstage:  Together for the Kids (Click Here for Full Article on Backstage) Parents, producers, unions voice opposition to proposed new N.Y. child performer rules. By Daniel Holloway JANUARY 12, 2011 Kelly Crisp was on set with her son Toliver when she got a call from his manager. Toliver was shooting a Spike Lee–directed anti-smoking public service announcement. The boy’s manager called to tell Crisp about an email he had just received from Anne Henry, co-founder of the activist group BizParentz Foundation, regarding a new set of regulations for child performers proposed by the New York State Department of Labor. Crisp, a former public prosecutor and professional mediator, returned home and found the same email…

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Headlines

Regulations Take Effect April 1st

The End

And They Lived Happily Ever After . . . The End Every story has an ending.  This one has a happy one. The much anticipated New York Department of Labor Child Performer regulations have been adopted and become effective today, April 1, 2013. These regulations interpret the broadly written Child Performer Education & Trust Act of 2003 that gives the NY DOL authority to regulate child performers and productions that include children. New Language We are pleased with the new language drafted by newly appointed Pico Ben-Amotz, Deputy Commissioner for Worker Protection at the NYS DOL, with the support of Governor Cuomo’s Office.  It bears repeating that Mr. Ben-Amotz graciously asked for our input, reviewed…

New Proposed Labor Regs & Hearing – Pass it on!

secret

The New York Department of Labor has filed their new proposed regulations for child performers.   As you read through the new proposed regulations, you will note very positive changes. To review the proposed regulations in their entirety, please click here. Labor Commissioner Replaced In June, Governor Cuomo replaced Commissioner Colleen Gardner. The Governor’s new appointment, Commissioner Rivera, is a former Assemblyman, a former Bronx Detective and Assistant District Attorney, Homicide Bureau. Commissioner Rivera then appointed Pico Paul Ben-Amotz, new Acting Counsel for the NYS Department of Labor. New Acting Counsel Asks For Our Input Since his appointment, Mr. Ben-Amotz has graciously asked for our input, reviewed our position statements and newsletters found on www.childperformerscoalition.org, sought…

Proposed Labor Regs are DEAD

superman standing

The New York State Department of State confirms that the Child Performer proposed regulations have EXPIRED.  The NYS Department of Labor did not adopt their proposed regulations by the March 26th deadline nor did they file to extend their time.  Although technically, Labor can refile the regulations, this seems unlikely given Governor Cuomo’s recent announcement. Labor Commissioner To Be Replaced On Saturday, Governor Cuomo announced that he has selected Bronx Assemblyman Peter Rivera to replace Colleen Gardner as Commissioner of the NYS Department of Labor.  Assemblyman Rivera, set take over in June upon approval of the Senate, is a former Bronx Detective and Assistant District Attorney, Homicide Bureau.  It appears from Rivera’s bio that we…

What You Should Know

News About Pedophiles in Entertainment

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FOX NEWS (Jan. 9, 2012) ~ Anti-Predator Bill Requires Entertainment Pros Who Work With Kids To Be Background Checked  http://www.foxnews.com/entertainment/2012/01/09/anti-predator-bill-requires-entertainment-pros-who-work-with-kids-to-be/ LA TIMES (Jan. 9, 2012) ~ Child Sexual Abuse Cases in Hollywood Attract Attention http://www.latimes.com/business/la-fi-ct-hollywood-molesters-20120109,0,5389019.story Jason James Murphy:  Just over three weeks ago, the LA Times broke a story about Jason James Murphy, who was convicted and sent to prison in Washington State for five years for the kidnapping and child molestation of an 8 year old boy.  Dressed as a woman, Murphy went to the child’s school, kidnapped him, and the two flew to New York City.  “America’s Most Wanted” featured the case and Murphy was arrested three days later in a New York…

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Trust Account Changes Will Save Taxpayers & Missing Earnings

Money Guy

Trust Account Language Does Not Protect Child’s Earnings & Creates Confusion Increasing Missing Trust Account Earnings The DOL proposed rule does nothing to protect the child’s earnings and only creates confusion increasing the likelihood of missing Trust Account Earnings. Trust account payments are not a benefit, or additional pay. They are a portion of the child’s earned wages. All workers, regardless of age, deserve to have 100% of their pay in a timely manner. Trust Account Foundational Issues Prior to Proposed Rule Change Currently, the earnings of child performers in New York are legally the property of the head of household and are not protected as there is no provision in NY law establishing those…

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10 Big Differences You Can Make

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There are 10 BIG differences you can make 1.  Click here to sign and forward our petition 2. Email your concerns to the NYS Department of Labor ~ bcejjs@labor.ny.gov 3.  Attend one of the NYS Labor Hearings at 75 Varick Street, 7th Fl, NYC December 27th from 10:00 a.m. to 11:30 a.m. January 10th from 10:00 a.m to 1:00 p.m. January 31st from 10:00 a.m. to 1:00 p.m. 4.  Stay informed ~ sign up for our newsletter. 5.  Be informed ~ take a moment to read our briefs. 6.  Spread the word! 7.  Contact your unions and make certain they are representing the best interests of child performers. 8.  Let’s use the media to hold the…

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Regs Remove Kids from Parent Protection & Welcome Sexual Predators

boy cropped IW

Appointment of a “Responsible Person” Will Increase Production Costs & Endanger Child Performs § 186-4.6, “Provision for a responsible person,” fails to provide for the safety of the child performer. Under this new language, the production company is under no legal obligation to provide the parent with “sight and sound” access (SAG Rule) to their child over the age of six and can appoint a “responsible person” to supervise the child without criminal background checks or adhering to the “sight and sound” rule. Hiring and vetting one or more “responsible persons” will increase production costs. § 186-4.6 Language • When a child performer is less than six years old: “the employer shall allow a parent or guardian to accompany the…

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Mental & Physical Exams Interfere with Doc/Patient Relationship & Invade Privacy

doctor patient

Mental & Physical Health Exams Interfere with Doctor/Patient Relationship and Jeopardize Right to Privacy (Click Here for Child Performer Advisory Board Recommendations, a.k.a “Eating Disorder Committee”) § 186-3.2(10) Application for child performer permit, is nothing more than a tax to child performers and an obstacle for production companies considering working in New York. Negative consequences: “doctor shopping,” permitting delays, barriers for temporary permit holders, violations to Rights of Privacy, and unintended consequences for production companies including production delays. This proposed rule does not provide any safeguards to the physical and mental well being of child performers. Valuable safe guards are already in place. Language “(10) A certificate signed by a physician licensed to practice medicine within…

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About the Coalition

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Child Performers Coalition was formed in December 2010 in response to the New York Department of Labor’s proposed rule changes regulating Child Performers published in the November 10, 2010 Edition of NYS Register. We strongly encourage the Department of Labor to table their proposed changes to DOL §186 and work with affected groups to draft new language that encourages film, television and theatrical productions to do business in New York and protects the physical, mental and financial well being of child performers. Kelly Crisp, founder of Child Performers Coalition, is a strategic communications, development, negotiations and governmental affairs consultant capitalizing on her background as a successful attorney and felony prosecutor, lobbyist, and mediator.  Kelly teaches…

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Our Recommendations

good idea cropped IW

Child Performers Coalition & BizParentz Recommendations to Improve Proposed DOL Child Performer Rules Sight and Sound Access Mandate employers provide “Sight and Sound” Access.  Either Child Performers must have “Sight and Sound” Access to their Parent or, conversely, Parent must have “Sight and Sound” Access to their Child. Responsible Person ~ Upon mutual agreement between Employer and Parent, Employer MAY appoint a Responsible Person who may NEVER deny or interfere with “Sight and Sound” Access.  Perhaps, the term “Responsible Person” could be changed to “Performer Liason.”  The production could appoint one person on set to be the liason between the child performer and the production ~ “Performer Liason.”   The production would not incur additional costs…

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ARRC Recommends “Negotiated Rulemaking”

NY Assembly’s Administrative Regulatory Review Commission Recommends “Negotiated Rulemaking” In an effort to ensure that the best interests of Child Performers are protected, Child Performers Coalition (CPC) has reached out to many factions including governmental and public entities, private organizations, media outlets and, of course, members of the entertainment and child performer community. For weeks, we have been in discussions with the New York Assembly’s Administrative Regulatory Review Commission (ARRC), “established with a mandate to exercise continuous oversight of the process of rule making,” to enlist their support in recommending that the Department of Labor’s (DOL) proposed rules be tabled and new rules be drafted with the expertise of industry leaders and affected groups. On…

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