On Sept. 30, California Governor Jerry Brown signed AB 2338, which amends the California Labor Code by essentially requiring California talent agencies to provide training and educational materials on important issues such as sexual harassment prevention, retaliation, nutrition and eating disorders. The law goes into effect on Jan. 1, 2019.
The union’s support of AB 2338 is another important step in ensuring current and future members of the union are protected when they seek employment in the entertainment industry.
The law requires licensed talent agents to make any necessary materials/education available (in a language that the artist understands) within 90 days of agreeing to represent the performer or the actual procurement of employment, meeting or interview — whichever comes first. For adult model clients only, talent agents will also be required to provide materials on eating disorders and nutrition.
AB 2338 also states that the CA Labor Commissioner must ensure that all minors 14-17-years old working in the industry (and their adult guardians) have completed training in sexual harassment prevention, retaliation, and resources prior to issuing a work permit for the minor. A licensed talent agency must also keep on file a copy of the minor’s work permit prior to representing or sending a minor out on an audition, meeting or interview for work.
Talent agents will also be required to keep proof of compliance with the new law for a minimum of three years or face a fine.
The state will be notifying licensed talent agents in California of compliance details and SAG-AFTRA will continue to serve as a touchstone for its agents about the law as it rolls out.
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