It is no secret that some parents are much more involved in their children’s athletics than others. It is a concept that has merited legitimate scientific research.[2] Despite the wide range of reasons why these parents might be so involved, it has historically never been about money. However, as we are seeing endorsement deals go to younger and younger athletes, it is going to become increasingly possible that these child athletes could be exploited as a means of financial gain.[3] Yet, this issue is not unique to sports, as there is nearly a century’s worth of precedent for this problem in laws protecting child actors. These laws, as well as ongoing efforts to modernize them, could help prevent financial exploitation of child athletes before it becomes a more prevalent issue.
Child Actors vs. Child Athletes:
The laws surrounding child actor protections go back to the late 1930s. First, Congress created age and hours restrictions on many industries by passing the Fair Labor Standards Act (FLSA) in 1938.[4] However, the act did not create standards for the entertainment industry, leaving the issue up to individual states.[5] That is why in the following year, after former child star Jackie Coogan sued his mother and stepfather for spending the money that he earned as a child, the California legislature passed the “Coogan Law” to require a set portion of income earned by a child actor be put away in an account only accessible to the child upon reaching a certain age.[6] Today, 33 states have similar laws protecting child actors.[7]
There are many similarities between the challenges faced by child actors and child athletes. First, both can have similar weekly time commitments. In Pennsylvania, for example, child actors cannot work more than 18 hours during regular school weeks and not more than 40 hours during non-school weeks.[8] Meanwhile, estimates indicate that elite young athletes in sports like skating and gymnastics may practice up to 30 hours a week.[9] Here, child actors are legally protected based on school commitments factored into their work hours limit; however, no such legal protection exists for child athletes.
Child actors and child athletes might both experience extended periods of traveling for their respective activity. Child actors may be part of traveling productions for live performances, which can sometimes last for eight to ten months, or they may travel to places across the country to participate in a movie production.[10] Similarly, child athletes also experience major commitments in travel sports. For example, one family in Colorado with two boys playing AAA hockey, had to make the 45-minute drive to and from their practice rink for six days of practice between the two boys, as well as seven to nine competitions traveled to in the fall and winter.[11]
Despite these similarities, the line between the child actors and child athletes was still based on financials, and the employment status that came with it that required legal protections be put in place However, that line is fading away with the rise in Name, Image, and Likeness (NIL) deals coming in for young athletes. Most of the NIL discussion is focused on the collegiate level, where it is most prominent. However, NIL is starting to seep into the realm of youth sports. In February, Anna Frey, a highly ranked high school tennis player from Utah who went viral due to her resemblance to 49ers QB Brock Purdy, earned an NIL deal with Six Star Pro Nutrition and became a brand ambassador.[12] Last year, then-nine-year-old football player Ghalee Wadood Jr. reportedly earned a “six-figure” NIL deal.[13] And eleven-year-old football player and influencer Madden “Baby Gronk” San Miguel has been raking in $100,000 per year off his social media content, according to his father.[14]
While there are not many of these deals, the common factor among them is their reliance on social media, which has become the de facto tool for NIL.[15] Unlike child actors being paid salaries, which are protected under the Coogan Law and FLSA, social media content creation and brand endorsements do not have the same legal protections for the children who promote it.[16] In fact, since those earnings currently fall beyond the scope of any such laws, there are no rules in place to keep the money earned by these kids out of greedy hands.[17] The “kidfluencer” issue has drawn significant criticism and legal debate, where much of the focus remains on child-centric content like toy reviews and family vlogging content.[18] But when compared to child influencers, it is easy to see that child athlete influencers are especially vulnerable.[19] It remains legally permissible for a child, after 30 unpaid hours of heavy physical training during regular school weeks, will be forced to make branded content that their parents or guardians will reap the financial benefits of.
Modernizing the Law:
While social media presents the latest challenge, states are starting to meet it head on by making the necessary changes based on the Coogan Law and the FLSA. Last year, Illinois became the first state to pass Coogan Law restrictions on social media content featuring children.[20] Since the content created to promote brands from NIL deals would fall under the same category, the passage of such laws in other states would also help protect child athletes too.[21]Since these laws are gaining traction in multiple different states as well, this is the logical first step to take in the protection of these child athletes and many more.[22]
Beyond the application of the Coogan Law to child athletes’ social media promotions, there are those who have started to call for the classification of child athletes as “workers.”[23] As Dr. Peter Donnelly said in an article for the Wall Street Journal, “[t]he most clear point is when money gets involved: when you are paid, either legally or illegally, when you get a sponsor, if other people are making money from your performance, [i]f it’s taking over your life and it’s clearly affecting your education, then it starts to move into the category of labor.”[24] This issue has been recognized in Hollywood, as child actors have the right to become members of the Screen Actors Guild - American Federation of Television and Radio Artists (“SAG-AFTRA”).[25] Considering that Dartmouth’s men’s basketball team has been granted official union status, and with discussions about college athletes being considered labor becoming mainstream, it may now be within striking distance to consider child athletes as “workers” as well under the same logic for child actors.[26] This designation would further lend credibility to applying Coogan Law protections to ensure the safety and protection of child athletes.
It may seem like an incredulous notion to consider a youth athlete as a “worker” meriting legal protections. The situation as it is now, however, leaves too much room for exploitation. Updating the Coogan Law, and even fighting for child athletes to be considered “workers,” are the kinds of measures that need to be taken to ensure that children can be protected and keep what they have rightfully theirs earned. It has been working for nearly 100 years for child actors, and it could do the same for child athletes in a growing market.
Ryan Magill (contributing editor) is a 2L from Long Island, New York. He is an avid fan of New York Giants and Philadelphia Waterdogs. At Villanova, he is part of the Sports Law Concentration, Jeffrey S. Moorad Sports Law Journal, and Sports Law Society. After graduating, Ryan hopes to pursue a career in contract negotiation for either a professional sports team or an agency.
References:
[1] Photo by Damian Lynch on Unsplash
[2] Bonavolontà V, Cataldi S, Latino F, Carvutto R, De Candia M, Mastrorilli G, Messina G, Patti A, Fischetti F. The Role of Parental Involvement in Youth Sport Experience: Perceived and Desired Behavior by Male Soccer Players. Int J Environ Res Public Health. 2021 Aug 17;18(16):8698. doi: 10.3390/ijerph18168698. PMID: 34444446; PMCID: PMC8391271.
[3] Radnofsky, Louise. “Do Young Gymnasts and Skaters Need Protections Like the Ones Child Actors Have?” The Wall Street Journal, 8 June 2022, https://www.wsj.com/articles/do-child-athletes-need-protections-like-those-child-actors-have-11654695847. Accessed 11 April 2024.
[4] Guerra, Joe. “Child Actor Laws, Explained.” Backstage, 22 February 2024, https://www.backstage.com/magazine/article/child-actor-laws-76778/. Accessed 11 April 2024.
[5] Id.
[6] Id.
[7] González, Jennifer. “More Than Pocket Money: A History of Child Actor Laws | In Custodia Legis.” Library of Congress Blogs, 1 June 2022, https://blogs.loc.gov/law/2022/06/more-than-pocket-money-a-history-of-child-actor-laws/. Accessed 11 April 2024.
[8] Pennsylvania Department of Education. “Pennsylvania Child Labor Law.” Pennsylvania Department of Education, https://www.education.pa.gov/Pages/Codes%20and%20Regulations/Child-Labor-Law.aspx. Accessed 11 April 2024.
[9] Radnofsky, Louise. “Do Young Gymnasts and Skaters Need Protections Like the Ones Child Actors Have?” The Wall Street Journal, 8 June 2022, https://www.wsj.com/articles/do-child-athletes-need-protections-like-those-child-actors-have-11654695847. Accessed 11 April 2024.
[10] “What Parents Should Know About Touring for Young Performers.” Spotlight, https://www.spotlight.com/news-and-advice/young-performers/stage-show-touring-for-young-performers/. Accessed 11 April 2024.
[11] Lopez, Meghan. “How much is too much when it comes to youth sports?” Denver7, 20 August 2019, https://www.denver7.com/news/360/as-commitment-to-youth-sports-takes-up-more-time-and-money-parents-weigh-options. Accessed 11 April 2024.
[12] Henderson, Noah. “TikTok Sensation and Brock Purdy Lookalike Inks NIL Deal to Attend Super Bowl.” Sports Illustrated, 11 February 2024, https://www.si.com/fannation/name-image-likeness/news/tiktok-sensation-and-brock-purdy-lookalike-inks-nil-deal-to-attend-super-bowl-noah9. Accessed 11 April 2024.
[13] Palm, Iman. “9-year-old signs six-figure NIL deal with sports agency.” KTLA, 23 June 2023, https://ktla.com/news/local-news/9-year-old-signs-six-figure-nil-deal-with-sports-agency/. Accessed 11 April 2024.
[14] Wasserman, Ari. “Who is 'Baby Gronk'? The father of the social media sensation shares his plan.” The Athletic, 8 June 2023, https://theathletic.com/4592818/2023/06/08/baby-gronk-father-college-football-qa/. Accessed 11 April 2024.
[15] Johnson, John E. “Name, Image and Likeness for Interscholastic Athletes – What Does it Look Like?” NFHS, 8 November 2023, https://www.nfhs.org/articles/name-image-and-likeness-for-interscholastic-athletes-what-does-it-look-like/. Accessed 11 April 2024.
[16] Lambert, Harper, et al. “Why Child Social Media Stars Need a Coogan Law to Protect From.” The Hollywood Reporter, 20 August 2019, https://www.hollywoodreporter.com/business/digital/why-child-social-media-stars-need-a-coogan-law-protect-parents-1230968/. Accessed 11 April 2024.
[17] Id.
[18] Masterson, Marina A. “When Play Becomes Work: Child Labor Laws in the Era of "Kidfluencers."” Penn Carey Law: Legal Scholarship Repository, https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=9726&context=penn_law_review. Accessed 11 April 2024.
[19] Gose, John. “How Hard Should Children Train for Sports?” Chester County Hospital, 16 September 2017, https://www.chestercountyhospital.org/services-and-treatments/physical-therapy-rehabilitation-sports-medicine/articles/kids-sports-over-training. Accessed 12 September 2024.
[20] Restrepo, Manuela López. “Underage influencers are protected by new law.” NPR, 23 August 2023, https://www.npr.org/2023/08/23/1195508847/a-new-illinois-law-wants-to-ensure-child-influencers-get-a-share-of-their-earnin. Accessed 11 April 2024.
[21] Id.
[22] Id.
[23] Radnofsky, Louise. “Do Young Gymnasts and Skaters Need Protections Like the Ones Child Actors Have?” The Wall Street Journal, 8 June 2022, https://www.wsj.com/articles/do-child-athletes-need-protections-like-those-child-actors-have-11654695847. Accessed 11 April 2024.
[24] Id.
[25] SAG-AFTRA. “For Parents | SAG-AFTRA.” sag-aftra, https://www.sagaftra.org/membership-benefits/young-performers/parents. Accessed 12 September 2024.
[26] Golen, Jimmy. “Dartmouth men's basketball team votes to unionize, though steps remain before forming labor union.” AP News, 5 March 2024, https://apnews.com/article/dartmouth-union-ncaa-basketball-players-2fd912fade62ffd81218a6dc91461962. Accessed 11 April 2024.
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