•  
  •  
 
Florida Entertainment and Sports Law Review

Abstract

Society has simply accepted the entertainment industry as it is and has blamed former minor actors for their alcohol addiction, anxiety, depression, PTSD, and/or their lack of education that stems from their childhood. Society humanizes former minor actors and actresses in articles like, “Where Are They Now” or “10 Shocking Ways These Child Stars Died,” and uses their stories as entertaining reads and clickbait. Society has coined terms such as “toddler-to-trainwreck” that censors the harm happening behind the scenes, manicuring aspirational lifestyles and outcomes, and then watches young lives tragically implode.

Unfortunately, many think that federal labor laws provide adequate protection for all minors, but the truth is that minors in the industry are entirely exempted from the Fair Labor Standards Act. The Act affords protection to minors in a way that reflects its era throughout the Industrial Revolution’s rise of factories and high demand for workers. The Act did not anticipate the growth in entertainment mediums that consume our society today. Consequently, this focus on “hazardous” and “dangerous” occupations in 1938 left gaps in child labor laws regarding employment scenarios that were not as obviously dangerous at the time of enactment. Over the years, as technology and society have evolved, so have child labor practices and the risks associated with their employment. The current lack of evolvement of federal legislation creates an overarching issue and a “tug-of-war” among states to balance protecting minors’ best interests with legislatures’ economic priority of maintaining the revenue from the entertainment industry. This Note presents an overview of what is missing from the pipeline narrative and incorporates clear action plans for federal intervention, long-term prevention in the industry, and accountability from studios, agencies, and guardians.

Download

Share

COinS