This bill aims to protect the earnings of minors engaged in artistic or athletic activities by establishing a new article in the Code of West Virginia. It defines key terms related to artistic services, content creation, and the responsibilities of employers. The bill mandates that employers withhold and deposit 15% of a minor's gross earnings into a blocked trust account for the minor's benefit, ensuring that these funds are inaccessible until the minor turns 18 or is otherwise emancipated. Additionally, it outlines specific provisions for vlogging and the use of minors' names, images, or likenesses, requiring proportional deposits based on their participation in compensated content.
The legislation also introduces a court petition process for the approval of contracts involving minors, allowing for protective measures to be put in place. It establishes enforcement mechanisms, allowing minors to seek damages for violations of their rights under this article, and grants the Attorney General or Commissioner of Labor the authority to investigate complaints and impose penalties. The bill includes provisions for rulemaking by the Division of Labor to ensure compliance and enforcement, and it sets an effective date for contracts executed on or after July 1, 2026, with transitional provisions for those already engaged in relevant activities.
Statutes affected: Introduced Version: 21-6A-1, 21-6A-2, 21-6A-3, 21-6A-4, 21-6A-5, 21-6A-6, 21-6A-7, 21-6A-8, 21-6A-9