Announcement

Collapse
No announcement yet.

special waiver that covers child performers and theatrical work Massachusetts

Collapse
This topic is closed.
X
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • special waiver that covers child performers and theatrical work Massachusetts

    I'll try to be brief - A friend of mine has a 15-year old son who is an excellent drummer - most seasoned musicians are amazed by him! We checked into the liquor board laws in Massachusetts and New Hampshire (called the board in NH) and found that he could take his son to establishments that fall under the dining room category to play out - I know of a lot of young kids in the scene, so this isn't out of the ordinary. However, most establishments state that even though the liquor board ok's it, they don't want him there - one place said he couldn't even come in after 5 PM! That was a little ridiculous... he's old enough to eat dinner!

    So, I found this on the AGs website:

    "Q: Do the child labor laws cover performers and theatrical work?

    A: Yes. Minors under the age of 16 may not be engaged in any capacity in entertainment unless their employer is granted a special waiver by the Attorney General. There are several exceptions to this provision, including participation in educational activities. For exceptions, see G.L. c. 149, 104."

    I called the AG's Officer and left a voicemail with the child labor division last week asking for more specific information about this but no one has called back - I emailed, no one has replied - I call back and I still get voicemail but I'm not about to stalk anyone. The other day I emailed a labor lawyer in Plymouth to ask if he could explain how this waiver works and how one would apply for it and he hasn't responded either. So this is it - my last attempt, can his father apply for this waiver (as his manager) thus taking the burden from the skittish restaurants and if so how does he apply for it? Long story - two simple questions. Thanks to anyone who can and will explain how this works to me.

    --
    Shan

  • #2
    Shan, I think you may be missing the point. If no establishments wish to hire him, they don't have to. The boy or his parents could get a waiver from the Governor, co-signed by the President of the United States and the Pope, and they still wouldn't have to hire him. If they don't want to hire a 15-year old, they don't have to. Period.

    This young man is going to have to find other venues to play in until he reaches an age where these sorts of establishments are comfortable having him on their premesis.

    Comment


    • #3
      That wasn't very helpful

      Clearly I would kind of know that Beth, thank you for assuming that because I ask for help I must be a complete moron. But gee, lets think for a sec... why wouldn't they want to hire him... hmmm??? That's a tough one. Liability maybe? So wait a minute, a waiver signed by the President (as you so sarcastically suggested) kind of actually would help in that case, now wouldn't it? Thanks so much for the sarcasm Beth - it was very helpful. I thought I had signed up to a professional legal forum - you sure showed me!

      --
      Shan

      Comment


      • #4
        The rules seems to state that the employer is the entity that must apply for the waiver, not the parent/manager. So, Beth's statement that it doesn't matter whether the parent/manager can apply if the employer doesn't wish to hire the young man still holds.
        I am not able to respond to private messages. Thanks!

        Comment


        • #5
          Okay, EVERYONE cut out the sarcasm. That means you too, Shan.

          There can be other reasons besides liability. They don't have to be impressed by his ability just because other musicians are; they can hire someone else if they like the other person better.

          NO ONE is owed a job.
          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

          Comment

          Working...
          X