Section 250.305  Applying for a Section 8.1(b) Work Hours Waiver

a)         No employer subject to the provisions of the Act shall employ, permit or allow a minor to work in a television, motion picture, or a related entertainment production (as defined in Section 250.105 of this Part) between 7 p.m. and 7 a.m. from Labor Day to June 1 or between 9 p.m. and 7 a.m. from June 1 until Labor Day, without first obtaining a certificate for a work hours waiver from the Department of Labor.

b)         An official application form for a work hours waiver shall be provided by the Department.  The employer shall answer all questions contained on the form, including, but not limited to: the name, address and birth date of the minor at issue; the specific work hours during a particular date for which the employer requests the waiver; the name, address and telephone number of the person that the employer has assigned and authorized to supervise the minor during the work hours covered by the application for a waiver; a specific description of the minor's performance, including information concerning the plot of the movie or television series and, if a commercial or music video, its essential lyrics; and a description and address of the exact place(s) where the minor will work during the hours covered by the waiver request, including information concerning the surrounding physical set or physical environment.

c)         The employer shall attach to the application for a work hours waiver a copy of the minor's valid employment certificate, issued pursuant to Sections 9 - 12 of the Act.

d)         The application must be signed and dated by a parent or legal guardian of the minor, the employer, and an authorized representative of a collective bargaining unit, if a union represents the minor upon employment.

e)         The employer must submit an application for a work hours waiver as soon as practicable, but no later than 12:00 p.m. (Noon), for any hours requested to be worked between 7/9 p.m. on that day and 7 a.m. on the following calendar day.

(Source:  Added at 19 Ill. Reg. 6564, effective May 2, 1995)