Labor and Employment Relations - Children of the Industry

Children Of The Entertainment Industry: Being Taken Advantage of on a Mental and Emotional Level

Current child labor laws under the Federal Labor Standards Act and the Shirley Temple Act are too broad and do not provide nearly enough protection to ensure the wellbeing of child actors, performers, and reality TV stars under federal or state law. The Federal Labor Standards Act sets the rule for child labor including the minimum working age of 16 by statutory default while full working age, as a legal adult, is 18 (Ang 2007). It also addresses wages, and maximum hours of work allowed.

The Shirley Temple Act, added to the FLSA in 1938, gives exceptions to all of FLSA child labor laws when regarding child actors. The act, 29 U.S.C Section 213 (C)(3), as an exception to the FLSA, states “the provisions of section 212 of this title relating to child labor shall not apply to any child employed as an actor or performer in motion pictures or theatrical productions, or in radio or television productions.” This allows an employer or producer to employ children in the entertainment industry under the age of 16 and set longer hours. Nowhere under the law does it address a “safe working environment” or the mental and emotional wellbeing of neither the child nor children involved in reality TV, because “at the time of enactment, there were few occupations that were deemed safe for minors and acting was one of them” and “Congress admitted that child acting was not ‘oppressive child labor’ and was actually relatively harmless” (Ang 2007: 405). In essence, the excuse that acting was considered “safe” gives employers the power to completely ignore all federal regulations in regards to child actors, giving no protection for those employed as child entertainers; physically, mentally, or emotionally.

The power to regulate the conditions of employed child entertainers is then passed on to the state. But even this is too broad and easily allows for loopholes to be found. Of the 50 states, 32 have passed their own restrictions on child entertainment laws with extreme variations on what limitations are taken to protect the wellbeing of each child performer. 18 states[1] have no laws protecting child performers whatsoever (Mercer 2013). Thus, producers are “enticed to…film shows in states with minimal protection for children” (Nobile 2013: 5). At most, state mandates, accompanied by the Occupational Health and Safety Act of 1970, only addresses physical safety, meal times, and schooling (Ang.) The Shirley Temple Act, named after the child actress, takes away all FLSA regulations and does nothing to protect the mental health and exploitation of child entertainers.

Ironically, Temple herself considered her career “a cynical exploitation of our childish innocence," that "occasionally were racist or sexist” and her exploitations only awarded with $13/month of her $250 per week salary (Thornton 2008). To combat this, the Screen Actors Guild - American Federation of Television and Radio Artists (SAG-ATFRA), works as the main union representative in ensuring that child stars are given safe and fair treatment in the workplace. It states “no minor will be required to work in a situation that places the minor in clear and present danger to life or limb. If a minor believes he or she to be in such a dangerous situation after having discussed the matter with the stunt coordinator and parent, then the minor will not be required to perform in such situation regardless of the validity of his or her belief” (Showbiz: 3). Still, SAG-AFTRA does not mention anything about minors being put into mental or emotionally tolling situations, nor does it mention if a minor even has the maturity or capacity to understand how their emotions may be affected by working under said conditions or pressures. Subsequent to these rules, the maximum hours and working hours also vary between states allowing for multiple loopholes and over generalizations of the law.

A child residing in one state, but filming in an on-site location in another state may find his or herself being cheated out of the SAG guideline protections since the resident state’s protections may be overridden by those of the state project is filmed in. If a child is under the protection of their resident state but goes to film in one of the 18 states with no regulation, he or she may lose all rights. Additionally, waivers may be signed to compromise more of the minor’s protection. California laws, for example, state that “the work day for minors will begin no earlier than 7:00 A.M. for studio productions (6:00 a.m. for location productions) and will end no later than… 8:00 pm days preceding school days and 10:00pm on days preceding non-school days” for minors 6 years of age and older (Showbiz: 4). But if filming needs to be done during specific times, for example night scenes, the employer could require that a waiver be signed, allowing for producers to disregard the state rules completely and add more hours to the minor’s already exhausting work day. Additionally, hair, makeup, interviews, wardrobe fittings, and public events are not considered “working time” so a child could technically only be working 8 hours a day, but having to attend extra events and complete extra tasks that require more energy.

Another subset of SAG-AFTRA’s guidelines falls under the 1939 Coogan Law, created after child actor, Jackie Coogan, was exploited to the entertainment industry by his parents and received none of his earnings when finally reaching legal age. His parents had spent it all when he was a child. In the case, Coogan sued his parents. It caused all types of emotional strain it would put on himself and his relationship with his family. In the end, Coogan only recovered $126,000 of the over four million dollars he had earned as a child star (Nobile 2013). The Coogan law states that parents cannot take advantage of the pay that child makes, but are only required to set aside 15% of the child’s wages into a blocked trust account (Ken.) Because of this leniently small amount, many child actors, like Coogan, grow up feeling cheated out of not only their pay, but also their childhood; betrayed by their employers. Some of these child actors even grow to resent their parents as well.

As stated before, The SAG-AFTRA and state laws only cover technicalities of working hours, wages, meal times, schooling, and transportation. It does nothing to protect children from scrutiny, criticism, or exploitation of the Hollywood limelight. Mara Wilson, the lead child star of the 1996 film, Matilda, escaped the life of being a child actress and has now spoken out. Despite being employed after the Shirley Temple and Coogan Laws were enacted, Wilson still felt oppressed. In an online forum, Wilson lists reasons why being a child star is so burdening stating, “Reason #4… sexual exploitation” then going on to cite actresses like Natalie Portman who, after reaching maturity, looked back on her childhood acting days and realized she was put in very mentally and emotionally unsafe working environments with no law to help protect against these feelings (Wilson). Natalie Portman, a SAG member, stated that when a transitioning from childhood to puberty, still being a minor, “[she] was figuring out [her] own sexual identity, likes and dislikes and all that stuff, and it's weird to be doing stuff on …also being a sexual object when [she was] a kid [was] really uncomfortable [and] was already getting creepy letters from [older viewers]” (Wenn). Being exploited to such an extent at such a young age can take a very large toll of the mental state of children in the entertainment industry, affecting body image and self-worth.

A more modern example of this is Demi Lovato, who started out as a child actor on Barney and Friends in 2002. State laws require that child actors still attend a certain number of hours of schooling per week, but does nothing to protect what may happen to child actors who lead different lifestyles than their peers. In an interview with The Huffington Post, Lovato explains that while attending public school, “it was more verbal harassment than physical abuse, but that's actually more scarring than anything” and that she “had to leave because [she] just couldn't deal with it. And [has] home-schooled ever since” (Moody 2010). SAG-AFTRA offers no protection from this emotional trauma and there is no clause in FLSA or is exemption to prevent this type of exploitation. After 8 years of acting and being in the public eye, Lovato, a singer-dancer-actress was at the height of her career when the pressure finally broke her down. In October 2010, after a physical altercation with a background dancer, Lovato entered Timberline Knolls’ treatment center for what she would later being diagnosed with as self-harm, suicidal tendecies, depression, body image issues, bulimia, and self-medicating (Russo 2012).The star, who said she was “never going to escape the fact that [she is] in the public eye,” is now speaking out about her experiences with being scrutinized even during “non-working” time. She was followed by paparazzi in all public domains and criticized about all aspects of her body and career by the public and her peers. Growing up in Hollywood, “childhood abounds with complex issues, and growing up in front of cameras adds to the array of psychological difficulties children face” (Podlas 2010:8). Lovato exhibited the detrimental effects that current legislation fails to prevent.

Taking a break from acting, Lovato now works as a judge on a reality TV show, The X Factor USA alongside pop culture icon, Simon Cowell. Cowell wanted to lower the auditionee age limit to age 13 as opposed to his previous show, American Idol, which allowed for a minimum age requirement of 16. In 2012, The X Factor Season two included multiple minors, one of which was Beatrice Miller, age 13 (The X Factor USA.) Normally, Miller would be not be allowed to work under the FLSA, or would have to be a child actor under the Shirley Temple Act, but when it comes to reality TV, she are not considered employees of an entity of the entertainment scope.

The SAG-AFTRA defines a “minor” working in the entertainment industry as “any performer, including extras, under the age of 18, except: 1. Performer who has satisfied the compulsory education laws of the state, 2. Performer is married, 3. Performer is in the military, 4. Performer is legally emancipated (unless specified, educational requirements are mandatory for 3 hours per day)” (Showbiz 2009: 3). Since the X Factor is a competition, Miller was considered a “contestant,” not a “performer”, thus there is no employee/employer relationship. SAG-AFTRA’s rules and protection are not applicable.

Ironically, the case of child exploitation has come full circle. Miller first began her career as a child actress, lending her voice for Disney’s Toy Story 3 as “Molly.” At the time, Miller had protection under state law and SAG-AFTRA, but when she switched to reality TV, she lost those rights. Children as contestants are not considered employees since living a life, regardless of if it is being filmed (as long as it is with the consent of a parent or legal guardian), is not considered “working.” Hours cannot be limited since living life is a 24/hour occurrence. This comes at a cost of “the participant’s loss of privacy and potential for humiliation” (Podlas 2010: 8). When Miller was eliminated from the competition, Cowell had stated he though “it was becoming a bit too much for [her]” and the pressures and mental strain were what ultimately led to her elimination (The X Factor USA). Miller is only one many children in this position.

In addition, the third place winners of the 2012 X Factor season, Fifth Harmony, were a girl group formed by Simon Cowell, which included four of the five members whom were minors. The four girls, Camila Cabello (16), Lauren Jauregui (17), Normani Hamilton (17), and Dinah Jane Hansen (16) were all required to attend school on set while the fifth member, Ally Brooke Hernandez (20) was not. (The X Factor USA.) In addition, all five girls attended countless hours of rehearsals with both their mentor and with a vocal coach; all while being pulled aside for makeup, fittings, and interviews. None of these tasks were considered as “work” since The X Factor, being a reality TV show, does not consider its contestants as employees, and thus could require them to “work” more than California law of a maximum of 8 hours. This loophole also allowed for the “work day” to start before 7 am and after 10pm if needed, contrary to California’s child labor laws requirements (Showbiz 2009).

When the season ended, Fifth Harmony was signed to Syco and Epic Records, Simon Cowell’s record label. Since then, the girls have been touring the USA, attending promotion events, red carpet interviews, wardrobe fittings, etc. According to SAG-AFTRA guidelines, touring child entertainers who are minors must have a parent or guardian on site at all times. The handbook states that a “parent must be present at all times and will have the right, subject to production requirements, to be within sight and sound of the minor [but] will not interfere with the production” (Showbiz 2009: 3).

The girls, with the exception of Hernandez, still all need to have at least one parent on site to comply with standards. Unfortunately, if one of the parents thinks that his or her daughter is being overworked and not performing in a sound state of mind, he or she will still have no power over the management’s decisions since “the parent will not interfere with the production”. Legislation needs to be tighter. In a recent interview, Hansen stated that at times, they spend 14 to 16 hours in wardrobe. Hernandez added “and there [are] tears involved” (Fifth Harmony 2013). Those 14 hours are not included under their contracts as “work” but clearly that amount of energy takes an exhausting toll on the teenage body and mental state of mind. With one of the members being 19, the entire group, including minors, could fall victim to working an adult schedule with longer, more intensive hours, because of Hernandez’s legal age. This is yet another loophole that needs to be fixed in current state and federal legislation. Again, SAG-AFTRA offers no protection against overworking these entertainers, nor does it try to prevent mental or emotional strain.

Current child labor laws are too lenient and do nothing to protect the mental or emotional state of children in the entertainment industry. Child actors are being taken advantage of and the emotional toll of this can clearly be seen, but are not being brought to proper attention. If any child performer cases or complaints arise in today’s society, they seem to either be swept under the rug because the employer knows how much of an impact bad publicity could affect them, or they are disregarded because parents or child have no protection of rights to voice their complaints. There needs to be more awareness of these controversies to bring attention to the current conditions and lack of emotional support given to children in the entertainment industry. Federal law needs to be stricter and current state laws need to be reformed to be more cohesive. States that do not have laws regarding child actors need to enact them and unify them with states that have already enacted them. In terms of reality TV, clarification and establishment of “employee/employer” relationships must be made. If reality TV stars are not considered performers, they too need to have their own legislation to protect them in physical, mental, and emotional aspects. If not, children in the entertainment industry will always be victims of exploitation and burdened emotionally.

[1] The following states have no regulation for child entertainers: Arizona, Colorado, Kansas, Kentucky, Maine, Mississippi, Montana, Nevada, New Hampshire, Ohio, Oklahoma, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, and Wisconsin.

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