Child Labor Law
- THEATRICAL EMPLOYMENT PERMITTED
Section 12-25-22 Theatrical employment permitted.
(a) A minor under fourteen years of age may be employed or permitted to work in theatrical employment provided that:
- A written consent to the employment is filed with the director by a guardian or parent with whom the minor resides; or, if the guardian or parent is not a resident of the State, the person who is primarily responsible for the care and custody of the minor;
- The minor is accompanied by and is under the immediate and direct control of the person who is required to file the consent as herein provided or by a responsible adult person designated by the person who files the consent;
- The employer submits to the director, whenever employment would occur during a school year, a statement signed by an authorized school official indicating that the attendance at school and the school work of the minor are satisfactory;
- The employment does not exceed four nights in any calendar week;
- The combined hours of work and hours in school shall not exceed ten in a day;
- The employment does not injuriously affect the health, safety, or well-being of the minor or contribute to the minor’s delinquency;
- Where liquor is sold for consumption on the premises, the licensee shall comply with the rules of the appropriate county liquor commission relating to employment of minors as entertainers;
- The work is performed during periods when the minor is not legally required to attend school or when the minor is excused by school authorities from attending school; and
- The employer of the minor procures and keeps on file a valid certificate of employment.
Section 12-25-23 Hours and conditions of employment.
(a) A minor under sixteen years of age, but not under six years of age, may be employed or permitted to work in theatrical employment after 7:00 p.m., or after 9:00 p.m. from June 1 through the day before Labor Day provided that:
(1) On any night preceding a day when the minor is not legally required to attend school, the following limitations shall apply:
(A) A minor six years of age or over but under fourteen shall not work later than 10:30 p.m.; and (B) A minor fourteen years of age or over but under sixteen shall not work later than 11:30 p.m.; and
(2) On any night preceding a day when the minor is legally required to attend school, the following limitations shall apply:
(A) A minor six years of age or over but under fourteen shall not work later than 8:30 p.m.; and
(B) A minor fourteen years of age or over but under sixteen shall not work later than 9:30 p.m.
(b) Upon an employer’s application showing good cause, the director may grant an extension of the time to be worked, provided that the person who is responsible for the control of the minor as provided in section 12-25-22 and the employer of the minor shall agree and adhere to any other conditions that may be prescribed by the director, such as: adequate rest periods, rest facilities, transportation, compensation, safety, and supervision-tutoring.
(c) A minor shall not engage in theatrical employment more than the following number of hours in any one day:
(1) A minor under six years of age, not more than two hours;
(2) A minor six years of age or over but under ten, not more than three hours;
(3) A minor ten years of age or over but under fourteen, not more than four hours; and
(4) A minor fourteen years of age or over but under sixteen, not more than eight hours.
(d) Time spent by a minor in learning, practicing, or rehearsing any of the arts, such as singing or dancing, shall be counted as theatrical employment time if such learning, practicing, or rehearsing is in connection with a public performance. Time spent in waiting to appear in a performance shall count as theatrical employment time; provided that such waiting time may be disregarded as theatrical employment time if the employer, upon written request to the director, is able to show undue hardship and practical difficulties in complying with the work hour restrictions. The director may prescribe employment conditions in granting the request.
Section 12-25-24 Application and issuance of employment certificate.
(a) Application for employment of a minor in theatrical employment shall be made by the employer on forms furnished by the department. The application shall be completed and signed by the employer, parent, and minor.
(b) Upon receipt of an application, the director or an authorized representative may issue the employment certificate under the terms and conditions established in this subchapter.
Section 12-25-25 Revocation or cancellation of employment certificate.
(a) A certificate for theatrical employment may be revoked or cancelled for cause at any time by the director after affording all interested parties an opportunity for a hearing. Cause shall include:
- Violation of this subchapter or chapter 390, Hawaii Revised Statutes; or
- Falsification of any information required by the application; or
- Disapproval or withdrawal of approval of the minor’s employment by an authorized official of the school attended by the minor; or
- Finding by the director that the employment is detrimental to the health, safety, or well-being of the minor or will contribute to the minor’s delinquency.
Section 12-25-26 Reconsideration and appeal.
(a) Any person aggrieved by the director’s action in denying, granting, revoking, or canceling of an employment certificate for theatrical employment may file, within ten days after the director’s action, a written request for reconsideration by the director.
(b) A request for reconsideration shall be granted where the applicant shows that there is additional evidence which may materially affect the decision and that there are reasonable grounds for failure to offer such evidence prior to the director’s action.
(c) Any person aggrieved by the action of the director in denying a request for reconsideration may file, within thirty days after denial, an appeal for judicial review under
To view the Department of Labor’s full administrative rules and guidelines for theatrical employment for children, click on the following: