Pennsylvania Labor and Employment Blog : Pennsylvania Labor and Employment Lawyer & Attorney : McNees Wallace & Nurick Law Firm : Human Resources, Workplace and Business Law : Harrisburg, Lancaster, Allentown, Lehigh

The Gosselin Family, which has been the center of a media attention in recent weeks, is reportedly under investigation by the Pennsylvania Department of Labor and Industry for child labor law violations stemming from their children's appearance on the reality TV show "Jon & Kate Plus 8". Much of the reality show is filmed in the family's Wernersville, Pennsylvania home. The Gosselins have twin daughters age 8 and five-year old sextuplets, all of whom appear on the show.

The obvious legal issue is whether a children's involvement in a reality TV filmed in the children's home with the participation of parents constitutes "work in, about, or in connection with, any establishment." An "establishment" is a place "where work is done for compensation of any kind, to whomever payable." Children employed on a farm or in domestic service in private homes are excluded.

In Commonwealth V. McKaig (decided in 1937), a court found that it is not a violation of child labor laws for a nine year old child to give skating exhibition for an amateur skating society where she received no compensation; the exhibition was not for profit, although admission fee was charged; and the exhibition was not held at place of public resort but one privately leased for purely private purpose. The court focused on the role that the child played in the overall program and found that it is material that professional skater appeared on same program for compensation if child's skating was in no way linked with his. However, a child would have been engaged in "work" If  the participation of the child been "linked with commercial channels and so connected with the work of others as to be immediately supplementary to that work or in direct aid and direction of the work of others." Reality TV as "work" will be an interesting legal issue. The Gosselin children play an integral part the show and their roles may be somewhat staged. Furthermore, the family has created a business around the show. 

Pennsylvania's Child Labor Law regulates that hours and types of work that minors under the age of 18 may perform. The Child Labor Law specifically requires the Department of Labor and Industry (L&I) issue a special permit for "the employment of minors seven and under eighteen years of age in theatrical productions, musical recitals or concerts, entertainment acts, modeling, radio, television, motion picture making, or in other similar forms or media of entertainment in Pennsylvania where the performance of such minor is not hazardous to his safety or well-being." The Child Labor Law requires that performances occur before 11:30 p.m. and be no more frequent than two per day and 8 per week. There are also rules for "temporary" employment of minors as part of the performing cast in the production of a motion picture, if the department determines that adequate provision has been made for the educational instruction, supervision, health and welfare of the minor provided a minors work as part of the performing cast does not exceed forty-four hours in any one week and eight hours in any one day.

With the end of school approaching and children entering the summer workforce, employers should review their child labor law compliance.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Human Resource Professionals face a demanding legal compliance year in 2009. The following five items should be added to your "To Do" list for the first quarter of '09:

ADA Amendments Act Compliance (effective 1/1/2009):  The amendments greatly expand the definition of disability refocusing compliance on determining whether the employee is "qualified" and evaluating reasonable accommodations. Employers should consider the following:

• Revising job descriptions to define essential job functions and minimum qualifications.
• Formalizing the interactive process for assessing disability issues.
• Educating supervisors on the expanded ADA coverage.

E-Verify Registration and Immigration Compliance (effective 1/15/2009):  Government contractors and subcontracts may need to register for and use the E-Verify System for new and existing government contracts. Employers who may be covered should inventory their existing contracts and review prospective contracts and subcontracts to determine whether they are covered by the regulations.

U.S. Citizenship and Immigration Services (USCIS) has amended regulations governing the types of acceptable identity and employment authorization documents that employees may present to their employers for completion of the Form I-9, Employment Eligibility Verification. Under the interim rule, employers will no longer be able to accept expired documents to verify employment authorization on the Form I-9. There are other changes to the types of acceptable documents. Employers must use the revised Form I-9 (not yet issued) for all new hires and to re-verify any employee with expiring employment authorization beginning January 31, 2009. The current version of the Form I-9 will no longer be valid as of February 2, 2009.

FMLA Regulations Implementation (effective 1/16/2009):  Amendments to the FMLA's regulations require action by employers in the following areas:

• Reviewing the regulatory changes and integrate them into your compliance program.
• Using the new forms and poster.
• Revising Employee Handbook provisions.

EFCA and RESPECT Act Planning:  This pending legislation has enormous potential consequences for employers. Developing an action plan should include the following items:

• Assessing union eligibility of working supervisors under RESPECT Act.
• Educating supervisors on authorization cards and the Nuts and Bolts of EFCA.
• Adopting union-free policies on solicitation, bulletin boards, and use of e-mail.
• Initiating engagement surveys.

Wage & Hour Self-Audit:  As evidenced by Wal-Marts recent record settlement, wage and hour lawsuits will play prominently in 2009. A self-audit of compliance practices can mitigate these claims particularly in the following areas;

• Employee classification (exempt vs. non-exempt)
• Off the clock work (starting times, breaks and meal periods)
• Donning and Doffing
• Child labor

• Email This
• Print
• Comments (2)
• Trackbacks (1)
• Share Link