Child Models

Child Model Act of 2013

New York Labor Law defines a child performer as anyone under the age of 18 who renders artistic or creative services. Until November 2013, models were excluded from this definition, and in turn from the New York State Department of Labor’s regulations governing the protection of child performers. The Model Alliance decided this needed to change.

On June 9th, 2013, members of the Model Alliance were joined by Senators Jeffrey Klein and Diane Savino at a press conference at Lincoln Center to announce proposed legislation that would afford child models in New York those protections. On June 12, 2013, the New York State Senate and Assembly unanimously voted to pass the proposed legislation.

Effective November 20, 2013, child models who live or work in New York State are covered by NY's Labor Law and applicable regulations as child performers. Parents and/or guardians must obtain valid Child Performer Permits for their children, so their child models are eligible to work in the state. Additionally, employers’ requirements under the newly amended law are outlined below. The New York State Department of Labor provides a FAQ page on their website pertaining to the employment of child models. There, you will also find any necessary documents and forms to ensure compliance under the law. For more information, please contact the Department of Labor.

Child Performers Protection Act of 2015

We at the Model Alliance are proud to support the Child Performers Protection Act of 2015 (H.R. 3383). Introduced by Representative Grace Meng, this bill would extend federal workplace safety regulations to child performers, including models, whether categorized as employees or independent contractors.Most models begin their careers as children. Many of them are faced with pressures that include long working hours for no monetary pay, difficulty recouping monies owed, and sexual demands. No one should have to deal with these abuses, let alone vulnerable children. These experiences in their formative years may have long-lasting repercussions on their health, well being, and careers. This legislation would protect child performers from documented abuses in several industries.

This type of law has been successful on the state level. In 2013, the Model Alliance worked closely with the New York Department of Labor to persuade the state legislature to include child models in the definition of “child performer.” Underage models often transition between print and runway work to film and television work; it makes sense that they be protected while doing similar work in similar industries. Without adequate safeguards, child models often stand to be exploited by adults who do not have their best interests in mind. A unified national floor of standards would protect child performers wherever they engage in work across the country. And, whether a child is hired as an employee or an independent contractor should have no bearing on whether the child has basic protections in the workplace. For all of these reasons, it is essential that child performers be protected under federal law. To read more about the bill in The New York Times, click here.