Child Models

Under the laws of New York:

It is unlawful to employ, use, or exhibit a minor as a model unless the commissioner of education has issued a child model work permit. Additionally, it is unlawful for a parent or guardian to consent to the employment of a minor child unless a permit has been issued. Violations of this law are misdemeanors.
Child model work permits must be signed by each employer of the minor and will terminate after one year.
Minors may be required to obtain a certificate from a physician showing they are physically fit to be employed or exhibited as a model.
Medical inspectors of the department of labor may require 16 or 17-year-old minors to submit to a physical examination if the inspector believes the minor is physically unfit for work. This could lead to a cancellation of the minor’s employment certificate.
Minors may not work beyond the time and hour limitationspromulgated by the Commissioner’s Regulation 190.2. According to the New York State Education Department’s posted version of CR 190.2:
- No minor under 7 years of age shall be employed as a model for more than 2 hours in any day, more than 10 hours in any week, or between 6pm and 9am.
- While school is in session, no minor between 7 and 13 years of age shall be employed as a model more than 3 hours on any school day, 4 hours on a non-school day, or 18 hours any week. When school is not in session, a minor 7-13 years old shall not be employed more than 4 hours a day or more than 20 hours a week. Additionally, these models shall not work between 6pm and 9am.
- While school is in session, no minor 14 or 15 years of age shall be employed more than 3 hours on any school day, 8 hours on a non-school day, or 23 hours any week. When school is not in session, a minor 14-15 years old shall not be employed more than 8 hours a day or more than 40 hours a week. Additionally, these models shall not work between 6pm and 9am.
- While school is in session, no minor 16 or 17 years of age shall be employed more than 4 hours on any school day, 8 hours on a non-school day, or 28 hours any week. While school is not in session, a minor 16-17 years old shall not be employed more than 8 hours a day or more than 48 hours a week. Additionally, male models shall not work between midnight and 6am, and female models shall not work between 10pm and 7am.
Employers must make and post a schedule for all minors employed, including the time allowed for meal breaks.

Click through for the full text of the New York Arts and Cultural Affairs law § 35.05, Article 4 of the New York Labor laws, and CR 190.2.

All minors are required by law to have a work permit before working as models. The application for a child model work permit can be found by clicking here. Parental consent, evidence of age and a certificate of physical fitness are all required with the application. A school or private physician, a physician’s assistant or a nurse practitioner licensed to practice within New York State can fill out the physical fitness certification papers (available here).

According to the Department of Education, applications are processed almost instantaneously. Once an application is submitted and approved, minors will be issued a green child model work permit. A copy of this permit can be viewed online. Child models are required to bring this document with them to work and employers are required to sign it before each job.

With New York Fashion Week approaching, it is especially important for all minors to apply for their child model work permits now. Please forward any questions about the child model work permit application process to the Department of Education.

We are pleased to provide this information to models and employers in New York and to bring attention to the laws protecting child models.

- The Model Alliance

Give Child Models The Same Legal Protections As All Child Performers

To: The Honorable Andrew M. Cuomo, Governor of New York State
To: Eric Schneiderman, Attorney General of New York State
To: Peter M. Rivera, Commissioner of the New York State Dept. of Labor
To: Dr. John B. King, Jr., Commissioner of the New York State Dept. of Education
____________________________

Children working as professionals in the entertainment industry are uniquely vulnerable and need legal protection. Unfortunately, however, not all child performers can claim equal protection under the laws of New York State. This is why we are asking for your help -- to ensure that child models are afforded the same level of protection afforded to all other child performers working in New York.

Currently, the Department of Labor regulates and protects all child performers working in New York, with one notable exception. The regulations do not extend to child models who perform print and runway work. Fashion models--and only fashion models--are excluded from the protection afforded by the Department of Labor. Instead, models below the age of 18 who appear in print ads or walk the runways during Fashion Week, fall under the jurisdiction of the Department of Education and are afforded only modest protections, specifically with regard to working hours, which are rarely observed or enforced. In fact, violations of the existing laws governing the use of child models are so frequent and widespread that some models have likened New York’s modeling industry to the “Wild West.” And even these modest and mostly unenforced provisions fall significantly short of what is afforded by the Department of Labor.

For most models who start as children in this profession, this issue is personal. At the age of 14, when many professional print and runway models start their careers, a model is unprepared to deal with inappropriate demands from adults in positions of authority, like photographers, agents and clients, who may pressure them to pose nude or semi-nude, give in to sexual demands or engage in risky behavior including, starvation dieting, working long hours without pay and forfeiting high school. For many young models working today, bowing to these pressures often feels less like a choice than a prerequisite for employment. And without regulations mandating the completion of at least some level of education and the provision of on-set tutors, many young models will forego their education entirely to pursue short-lived careers, only to wind up earning little or no money and incurring substantial start-up costs often amounting to tens of thousands of dollars of debt to their modeling agencies.

Most models begin their careers as children, but they do not receive the same legal protections as other child performers who are covered by regulations providing for chaperones, tutors and trust accounts. It’s time for that to change. I hope that the legislature will finally protect child models. Will you join me by signing this petition?

Sincerely,

Sara Ziff , Founder & Director of the Model Alliance
Girl Model Team, www.girlmodelthemovie.com
Chris Gay, President of Marilyn Model Management
Carre Otis, Board Member of the Model Alliance
Alan Gordon, National Executive Director of AGMA
Doreen Small, Adjunct Professor at the Fashion Law Institute
Dorian Warren, Assistant Professor of American Politics at Columbia University
Flora Stamatiades, National Director of Organizing at Actors' Equity
Meredith Hattam, Board Member of the Model Alliance
Rachel Blais, Board Member of the Model Alliance
Susan Scafidi, Director of the Fashion Law Institute
Tracy Murphy, Board Member of the Model Alliance
Milla Jovovich, Board Member of the Model Alliance
Chris Brenner, Managing Agent
Amy Lemons, Board Member of the Model Alliance
Kalpona Akter, BCWS
Sumi Abedin, BCWS

*For more information on current laws, please visit www.modelalliance.org/child-models
**To view proposed regulations, please visit http://labor.ny.gov/legal/laws/pdf/child-performer-regulations/part186-child-performer.pdf

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Child Models

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