Call the Labor Standards Division of the Arkansas Department of Labor for questions 501-682-4505 or visit www.state.ar.us/labor

Child Labor Laws

Arkansas - State child labor laws apply to virtually all employment situations, regardless of the volume of sales, business done, or number of employees, and regardless of federal coverage. The state law restricts certain occupations and types and hours of work, which will be discussed in the following sections.

Federal - Federal child labor laws apply to all business which engage in interstate commerce, which is generally understood to be any business involved in the movement of tangible good across state lines. In addition to covering employees of businesses which handle, sell, or work on goods that have moved in interstate commerce, are covered by federal law. Employees of federal, state and local governmental agencies are covered by federal provisions.

Employment Certificates

Arkansas law requires all employers to obtain an employment certificate before employing any child under sixteen (16) years of age. The purpose of this certificate (work permit, working papers) is to provide conclusive evidence of the child's age and educational standing, thus insuring that underage minors are not employed.

The employer must keep this certificate and make it available to the proper officials upon request. Employment certificates can be issued by the Director of the Department of Labor or by his authorized representative. No person shall have the authority to issue a certificate to any child who is about to enter such person's employment.

The Director of the Department of Labor may also make and change, as necessary, such rules and regulations as may be essential to secure satisfactory evidence of the age of the child. Federal law does not require employers to obtain employment certificates before employing a minor. It is, however, suggested that employers require proof of age prior to employing any person after the age of eighteen (18), in order to protect themselves from unintentional violation of child labor laws. Employment certificates issue by the State, or a copy of the minor's birth certificates are acceptable forms of proof of age.

Employment of Children in the Entertainment Industry

The General Assembly finds that the employment of minor children in the entertainment industry is necessary to create realistic theatrical, motion picture, radio, and television productions and to promote industry and economic growth. The purpose of this chapter is to provide minor children and the community with opportunities in the entertainment industry not heretofore provided.

Definitions

As used in this chapter, unless the context otherwise requires:

1. "Director" means the Director of the Arkansas Department of Labor;
2. "Entertainment Industry" means any individual, partnership, corporation, association, or group of persons using the services of a child under sixteen (16) years of age in motion picture productions, television or radio productions, theatrical production, modeling productions, horse shows, rodeos, and musical performances;
3. "Employ" means to use the services of an individual in any remunerative occupation.

Restrictions on Employment

1. A child under sixteen (16) years of age may be employed in the entertainment industry and the provision of Stature 11-6-101-11-6-111, with respect to child labor, shall not be applicable to the employment of child actors as authorized in this chapter.
2. No child under sixteen (16) years of age may be employed in the entertainment industry:
   1. In a role or in an environment deemed to be hazardous or detrimental to the health, morals, education, or welfare of the child as determined by the Director of the Arkansas Department of Labor.
   2. Where the child is required to use a dressing room which simultaneously occupied by an adult or by other children of the opposite sex;
   3. Where the child is not provided with a suitable place to rest or play;
   4. Where the parent or guardian of the child is prevented from being present at the scene of employment during all the times the child is working;
   5. Where the parent or guardian of the child is prevented from being within sight and sound of the child;
   6. Without a permit issued by the Director and the written consent of the child's parent or guardian for the issuance of the permit.

Implementation And Enforcement

The Director shall have the authority to:

1. Promulgate rules and regulations for the implementation of this chapter;
2. Suspend or revoke a permit for the employment of a child in the entertainment industry for cause.
3. Enter or authorize his/her representative to enter and inspect any place of employment where children work, rest, or play;
4. Otherwise enforce and implement the provisions of this chapter.

Penalty

1. Any person, firm, corporation or association who violates a provision of this chapter or a lawful regulations promulgated under this chapter shall be liable for a civil penalty not to exceed one thousand dollars ($1,000) for each separate violation. Each day the violation continues shall with respect to each child employed or permitted work, constitute a separate offenses.
2. Any person who willfully or intentionally violates the previsions of this chapter or a lawful regulation promulgated under this chapter is guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed one thousand dollars ($1,000) or by imprisonment for not more than thirty (30) days or by a both a fine and imprisonment. Each day the violation continues shall be deemed a separate offense.