Section 13(c) of the Act provides an exemption from the child labor
provisions for ``any child employed as an actor or performer in motion
pictures or theatrical productions, or in radio or television
productions.'' The term ``performer'' used in this provision is
obviously more inclusive than the term ``actor.'' In regulations issued
pursuant to section 7(d)(3) of the Act, the Administrator of the Wage
and Hour Division has defined a ``performer'' on radio and television
programs for purposes of that section. 34 The Secretary will
follow this definition in determining whether a child is employed as a
``* * * performer * * * in radio or television productions'' for
purposes of this exemption. Moreover, in many situations the definition
will be helpful in determining whether a child qualifies as a ``* * *
performer in motion pictures or theatrical productions * * *'' within
the meaning of the exemption.
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34 Section 550.2(b) of this title provides:
(b) The term ``performer'' shall mean a person who performs a
distinctive, personalized service as a part of an actual broadcast or
telecast including an actor, singer, dancer, musician, comedian, or any
person who entertains, affords amusement to, or occupies the interest of
a radio or television audience by acting, singing, dancing, reading,
narrating, performing feats of skill, or announcing, or describing or
relating facts, events and other matters of interest, and who actively
participates in such capacity in the actual presentation of a radio or
television program. It shall not include such persons as script writers,
stand-ins, or directors who are neither seen nor heard by the radio or
television audience; nor shall it include persons who participate in the
broadcast or telecast purely as technicians such as engineers,
electricians and stage hands.
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