OAR 839-021-0335: Working Hours of Minors Employed in the Entertainment Industry

(1) No minor may be employed to work more than six consecutive days. (2) For purposes of determining the number of consecutive days of work, the following days will be considered as work days: (a) Days when the transportation of the minor is more than four hours duration; (b) Days the minor attends school and does not work. (3) Example of determining the number of days: (a) Travel Days: Three hours on one day — School Days: Three — Work Days: Two — Total: Five; (b) Travel Days: Five hours on one day — School Days: Two — Work Days: Three — Total: Six. (4) The allowed time at the place of employment as used in this section includes transportation between the employer's studio (or location headquarters) and any location. This time also includes any makeup, hairdress, wardrobe and rehearsal time as required by the employer. (5) When a school which the minor regularly attends is in session, the minor will be permitted at the place of employment according to the following schedule: (a) Ages 14–17: 11 hours a day including rest and meal breaks and, when required, an average of three hours of instruction; (b) Ages 10–13: Ten hours a day including rest and meal breaks and, when required, an average of three hours of instruction; (c) Ages 6–9: Nine hours a day including rest and meal breaks and, when required, an average of three hours of instruction; (d) Ages 4–5: Seven hours a day, or eight hours a day if the minor is transported, including meal breaks and an average of three hours of rest, recreation, and instruction when required. Where the minor is enrolled in the first grade or above, an average of three hours of instruction must be provided when required. (6) When the school in which the minor is enrolled is not in session, the minor will be permitted at the place of employment according to the following schedule: (a) Ages 14–17: 11 hours a day including rest and meal breaks; (b) Ages 10–13: Ten hours a day including three hours of rest, recreation, and meal breaks; (c) Ages 6–9: Nine hours a day including three hours of rest, recreation, and meal breaks; (d) Ages 4–5: Seven hours a day including three hours of rest, recreation, and meal breaks, or up to eight hours a day if the minor is transported; (e) Ages 2–3: Six hours a day including three hours of rest, recreation, and meal breaks; (f) Ages 1–2: Five hours a day including 2-1/2 hours of rest and recreation and meal breaks; (g) Ages over six months– one: Four hours a day including two hours of rest and recreation and meal breaks; (h) Ages 15 days–six months: Two hours a day, no more than 20 minutes of which will be spent as work time. (7) The minor's working day must end according to the following schedule: (a) Ages over six months–5: 6:30 p.m.; (b) Ages 6–8: 7:30 p.m.; (c) Ages 9–10: 9:00 p.m.; (d) Ages 11–14: 9:30 p.m.; (e) Ages 15–17: 10:00 p.m. on evenings preceding a day in which the minor will attend the school in which he or she is enrolled; 12:30 a.m. in all other circumstances. (8) Infants over the age of 15 days and up to and including six months may only work between the hours of 9:00 a.m. and 4:30 p.m. (9) Minors over the age of six months and under 14 years may not commence their working days prior to 7:00 a.m. Minors between the ages of 14 and 18 years may not commence their working day prior to 5:30 a.m. (10) A minor must receive a 12 hour rest break at the end of the minor's working day and prior to the commencement of the minor's next day of work or attendance at regular school. (11) The employer may apply to the Bureau for a special waiver from the provisions of sections (1) through (9) of this rule by submitting a letter application to the Bureau setting out the reasons for the waiver request. In the case of an emergency, the employer may make an application by telephone by calling the Child Labor Unit of the Wage and Hour Division and setting out the reasons for the waiver request. The Bureau may temporarily grant or deny the application.