FAQs for Employers of Minors in Theatrical Productions
Minors in theatrical production have certain workplace protections, and parents/guardians and employers need to follow the rules.
Starting August 1, 2026, the process to get a permit to employ minors in theatrical production changes. Learn more here.
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1. What does “theatrical production” include?
“Theatrical production” includes stage, motion picture and television performances, including rehearsals. All employers in the entertainment industry must apply to the New Jersey Department and Workforce Development (NJDOL) for a permit to employ minors in theatrical productions.
2. At what age must I apply for a permit to employ minors in theatrical production?
For minors under the age of 18 years old. The employer applies to the NJDOL for a permit to employ minors in entertainment industry, and must apply for the permit prior to employing any minor in any work or activity.
The parent or guardian of a minor must apply to the NJDOL separately for a permit authorizing the minor to work in theatrical productions. This is referred to within the law as an “entertainment work permit” and is referred to within these materials as a Theatrical Permit.
3. When should I apply for the permit to employ minors?
Prior to employing any minor in any work or activity for which the employer is applying to the NJDOL for a permit.
4. How long is the permit effective?
For one year. NJDOL will issue a permit to employers if the work or activity does not involve a type of prohibited performance and is not hazardous or detrimental to the health, safety, morals, or education of the minor.
5. How does the law define “prohibited performance?”
“Prohibited performance” means and includes appearances as a rope or wire walker or rider, gymnast, wrestler, boxer, contortionist, acrobat, rider of a horse or other animal unless the minor is trained to safely ride such horse or animal, or rider of any vehicle other than that generally used by a minor of the same age, or appearance in any illegal, indecent, or immoral exhibition, practice, or theatrical production or in any practice, exhibition, or theatrical production dangerous to the life, limb, health or morals of a minor, or appearance or exhibition of a minor with a physical or mental disability.
“Prohibited performance” also includes exposure of a minor between 15 days of age to six months of age to light exceeding 100 foot-candles for more than 30 seconds at a time; the exposure of a minor between 15 days and two years of age to atmospheric smoke; requiring, coercing or otherwise permitting a minor to pose nude or perform acts which are sexually explicit; and a minor’s presence on a set while adults are posing nude or performing acts which are sexually explicit.
6. For how many hours can I employ minors?
Working hours are regulated based on the minor's age:
- 15 days to under 6 months old: up to 20 minutes, maximum 2 hours on set
- 6 months to under 2 years old: up to 2 hours of work, maximum 4 hours on set
- 2 to under 6 years old: up to 3 hours of work, maximum 6 hours on set
- 6 to under 9 years old: up to 4 hours on school days (6 hours non-school days), maximum 8 hours on set
- 9 to under 16 years old: up to 5 hours on school days (7 hours non-school days), maximum 9 hours on set
- 16 to under 18 years old: up to 6 hours on school days (9 hours non-school days), maximum 10 hours on set
7. What hours are minors permitted to work?
A minor can be employed for up to 6 days in a 7-day period. The minor may not work before 5:00 am and after 10:00 pm on any day preceding a school day. For any day preceding a non-school day, a minor may work between the hours of 5:00 am and 12:30 am.
8. Can I request a waiver of specific requirements for issuance of a permit if my production needs are inconsistent with these requirements?
Yes, you can request from the NJDOL in writing (including electronic communications) a waiver of a specific requirement(s) for issuance of a permit. Such waiver of a specific permit requirement(s) may be issued by NJDOL in cases involving a significant contribution to the development of the motion picture industry in New Jersey as determined by the New Jersey Motion Picture and Television Commission, or for good cause shown, as determined by the NJDOL.
The NJDOL will set forth the terms of any waiver in the permit itself. In such cases, the NJDOL may also alter or amend the hours of the day, but not the total hours in the day during which a minor may work.
Your request must include:
- The specific provision(s) for which you're requesting a waiver
- The circumstances necessitating the request
- The anticipated duration of the waiver
- The minor(s) impacted by the waiver
Submit requests as far in advance as reasonable.
9. Am I required to provide time for minors to fulfill their educational requirements?
Yes, in certain circumstances. If the minor is scheduled to work for three or more days, the employer must provide an average of at least 3 hours of teaching time during working hours per missed day of school, calculated on a weekly basis.
10. What if instructional time exceeds 3 hours? Can hours be carried over?
Yes. Extra teaching time above 3 hours per day may be carried over to another day in the same week, or another week. However, no more than 10 hours of teaching time can be carried over from week to week.
Any hours carried over from week to week is at the discretion of the employer-provided teacher.
11. Am I responsible for providing a teacher to minors?
Yes. The employer must provide a teacher who is credentialed for the level of education required by State law from the third missed day of school through the remainder of the minor’s employment.
The employer also must ensure that the minor receives equivalent instruction approved by the Department of Education or by the state or county of the minor’s residence if the minor is not a resident of New Jersey.
12. How can I obtain a permit to employ minors?
Employers can apply for a one-year permit to employ minors here.
13. Who must supervise minors during employment?
The minor must be under the direct care and supervision of an adult who is either a parent, guardian, or designated representative always during employment, including when living away from home when required as an incident of the employment.
Official Site of The State of New Jersey