State of Hawai‘i
THEATRICAL EMPLOYMENT UNDER THE HAWAI‘I CHILD LABOR LAW, CHAPTER 390, HRS
“Theatrical employment” means gainful occupation as a model, dancer, singer, musician, entertainer or motion picture, television, radio or theatrical performer.
General Checklist:
For theatrical employment of a minor under 16:
• A completed Form CL-1, Application for Minor's Certificate of Employment, with written consent by parent or guardian, is submitted to DLIR for review
• 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
• The employer procures from the DLIR and keeps on file a valid Certificate of Employment
Additional conditions for a minor under 14:
• The employer submits to DLIR a statement signed by an authorized school official indicating that attendance at school and school work of the minor are satisfactory (whenever employment occurs during school year)
• The minor is accompanied by and is under the immediate and direct control of the parent or a designated responsible adult
Hours Allowed
§12-25-23(a), Hawai‘i Administrative Rules (HAR), restricts the times and number of hours minors under 16 are allowed to work in theatrical employment:
Age Time Restriction §12-25-23(a)(1) &
(2) Work Hours Restriction §12-25-23(a)(5)
1School 2Non-School
Under 6 Not later than 7:00 p.m. Not later than 7:00 p.m. Not more than 2 hours per day
6 - 9 8:30 p.m. 10:30 p.m. 3 hours per day
10 - 13 8:30 p.m. 10:30 p.m. 4 hours per day
14 - 15 9:30 p.m. 11:30 p.m. 8 hours per day
Under 16
The combined hours of work and hours in school may not exceed 10 per day. §12-25-23(a)(3)
Under 16 The employment may not exceed 4 nights in any calendar week. §12-25-23(a)(4)
1School: any night before a day when the minor is legally required to attend school.
2Non-school night: any night before a day when the minor is not legally required to attend school.
§12-25-23(b) Theatrical
employment hours include learning, practicing, or rehearsing, such as singing or dancing, if in connection with a public performance. Time spent waiting to appear in a performance must also be counted.
Variance §12-25-23(c)
A variance is needed if the employer schedules work hours later than or in excess of the above.
To apply for a variance, the employer must submit a written request addressed to the Director of Labor, c/o the Wage Standards Division, showing good cause, such as undue hardship and practical difficulties, in complying with the time and work hour restrictions. The Director may grant an extension of the time, hours, and/or days to be worked subject to prescribed terms and conditions.
§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. [Eff. Oct. 5, 1981] (Auth: HRS §§390-2, 390-6) (Imp: HRS §§390-2, 390-3)
§12-25-25 Revocation or cancellation of employment certificate. A certificate for theatrical employment may revoked or cancelled for cause at any time by the director after affording all interested parties an opportunity for a hearing. Cause shall include:
(1) Violation of this subchapter or chapter 390, Hawai‘i Revised Statutes; or
(2) Falsification of any information required by the application; or
(3) Disapproval or withdrawal of approval of the minor’s employment by an authorized official of the school attended by the minor; or
(4) 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. [Eff. Oct. 5, 1981] (Auth: HRS §§390-2, 390-6) (Imp: HRS §§390-2, 390-4)
§12-25-26 Reconsideration and appeal.
(a) Any person aggrieved by the director’s action in denying, granting, revoking, or cancelling 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 section 91-14, Hawai‘i Revised Statutes. [Eff. Oct. 5, 1981] (Auth: HRS §§390-2, 390-6) (Imp: HRS §§91-14, 390-2 to 390-4)
Any requests for variance from the foregoing Child Labor Law and Related Administrative Rules must be by a Letter of Request sent to:
Director
Department of Labor
State of Hawai‘i
830 Punchbowl Street, #340
Honolulu, Hawai‘i 96813
Details such as the name of the employer, type of work, guardian/person accompanying the minor, etc. must be included in the Request which requires two weeks to process. Please note that facsimiles will not be accepted.
Should additional information be required, please call the Wage Standard Division at (808) 586-8777 for recorded information (select “Child Labor Law” and listen to the recorded message or press “0” to speak with a Child Labor Clerk) or fax questions to: (808) 586-8766.
