Section 12-25-23 Hours and conditions of employment.

(a) A minor under sixteen years of age, but not under six years of age, may be employed or permitted to work in theatrical employment after 7:00 p.m., or after 9:00 p.m. from June 1 through the day before Labor Day provided that:

(1)    On any night preceding a day when the minor is not legally required to attend school, the following limitations shall apply:

(A)  A minor six years of age or over but under fourteen shall not work later than 10:30 p.m.; and (B) A minor fourteen years of age or over but under sixteen shall not work later than 11:30 p.m.; and

(2)    On any night preceding a day when the minor is legally required to attend school, the following limitations shall apply:

(A) A minor six years of age or over but under fourteen shall not work later than 8:30 p.m.; and

(B) A minor fourteen years of age or over but under sixteen shall not work later than 9:30 p.m.

(b)    Upon an employer’s application showing good cause, the director may grant an extension of the time to be worked, provided that the person who is responsible for the control of the minor as provided in section 12-25-22 and the employer of the minor shall agree and adhere to any other conditions that may be prescribed by the director, such as: adequate rest periods, rest facilities, transportation, compensation, safety, and supervision-tutoring.

(c)    A minor shall not engage in theatrical employment more than the following number of hours in any one day:
(1)    A minor under six years of age, not more than two hours;
(2)    A minor six years of age or over but under ten, not more than three hours;
(3)    A minor ten years of age or over but under fourteen, not more than four hours; and
(4)    A minor fourteen years of age or over but under sixteen, not more than eight hours.

(d)  Time spent by a minor in learning, practicing, or rehearsing any of the arts, such as singing or dancing, shall be counted as theatrical employment time if such learning, practicing, or rehearsing is in connection with a public performance. Time spent in waiting to appear in a performance shall count as theatrical employment time; provided that such waiting time may be disregarded as theatrical employment time if the employer, upon written request to the director, is able to show undue hardship and practical difficulties in complying with the work hour restrictions. The director may prescribe employment conditions in granting the request.