work / employment

it’s a life

Ever come across those old-fashioned pictures of soot-covered three-year-olds because their bite-sized proportions were really good for the chimney sweep? After a bit of shock and horror, I suppose most will take a second to understand that because of our child labor laws, no child has to work fresh to get past those dreadful twos. Not so soon — the chimney sweep’s role may have just been traded for his far less black lung cousin, the YouTube content creator. From Salon:

When it comes to sharing children’s content on social media — particularly via sponsored posts and brand deals — what’s legal isn’t always ethical.

Influencer Brittany Dawn, who first gained a following with her gym workouts before turning to religious content, recently came under fire for monetizing her foster child on social media.

While Dawn has blurred her child’s image in the shared photos — a stipulation the US Children’s Bureau made for foster parents in its social media rules — she’s found another way to capitalize on being an influencer with a foster child to be. She includes affiliate links in her posts to promote products like baby monitors. If viewers follow the link and purchase the product, Dawn will receive a commission.

As described, it is nice to know that there are at least some controls in place to protect the child’s identity. Not to mention that a little extra money due to affiliate links seems to rank pretty low as far as evil goes.

Similarly, YouTube family vlogger Myka Stauffer has shared a number of details about her children and also shared her experience of adopting a baby boy from China, which has featured frequently in her videos.

None of this is currently illegal. But this practice exists at the intersection of two social media trends: sponsored content and “sharing” — when parents post confidential information about their children online.

Sharing raises fairly clear questions about consent, the right to be forgotten and the future of how children – really all of us – deal with the profound access to each other’s lives that social media offers.

There are very few safeguards to protect children’s interests – both personal and financial – from their influencer parents. But the questionable practice of using children for followers, fans and sponsorships is currently receiving a surge of attention. Criticism of famous creators like Dawn and Stauffer is becoming more perspicacious and persistent, while some of influencers’ now-grown children are pushing back…kids…can’t agree to being the star of their parents’ show.

We all know that law can be lucrative. Above the Law is one of the first places you’ll find out when another company is dropping bonuses that match Cravath. But that may be paltry compared to what cash-kind-centric content can be — it’s a multimillion-dollar company.

And while the hope and prayer is that these children live life playing with their toys, there are horror stories. I hope I don’t offend any of our readers by assuming that no one would want any of these kids to be writing the next “I’m glad my mother died” in a decade or two – legal protection is one important point in between protection from the potential of ruining childhood.

While a child might well “enjoy being in Mom’s video,” sending it to thousands — even millions — of followers is unlikely to understand the long-term implications. Over-sharing children’s pictures is a problem even for many parents, not just influencers.

But the business aspect of sponsored content adds another layer to this complicated topic. Who protects children’s financial interests for the money their influencer parents make from this content? How much money do kids make for their parents by appearing in their content?

A terrifying example of what can happen when these children are not protected is why we have Coogan’s Law:

In 1939, California passed the Coogan Act. The law, also known as the California Child Actor’s Bill, was named after former child actor Jackie Coogan, who many credit as America’s first child actor.

He rose to fame after appearing as Charlie Chaplin’s adopted son in the 1921 film The Kid. But when Coogan reached adulthood, he learned that his mother and stepfather had squandered the $4 million he made — which would be tens of millions of dollars today.

After Coogan sued his parents and was only able to recover a fraction of his earnings, the California legislature passed the Coogan Act. The law protects children hired as “actors, actresses, dancers, musicians, comedians, singers or other performers or entertainers” and requires their income to be secured until they reach adulthood. Nine other states have now passed similar laws.

While the law could be a model for protecting these entertaining children, it is not yet the rule.

While some lobbyists and activists have called for the Coogan Act to be applied to the children of parent-influencers at the federal level, no regulations have yet been passed.

The Coogan Act was written to protect children in “traditional” entertainment. However, the lines between “traditional” entertainment and social media entertainment continue to blur, making this distinction less and less valid.

Additionally, the Fair Labor Standards Act of 1938, which protects children from “excessive work,” was not updated to apply to child influencers or the children who regularly appear in their parents’ feeds. There is a notable difference between children’s influencers, who may run their own feeds and businesses, and children who are introduced by their parents. But the Fair Labor Standards Act doesn’t protect either, and even children who pursue their own careers on social media can still let their parents handle their finances.

Who would have thought that children’s games could be such serious business?

Why is there no legal protection for the children of influencers? [Salon]

Chris Williams became social media manager and assistant editor for Above the Law in June 2021. Before joining the staff, he worked part-time as Little Memelord on the Law School Memes for Edgy T14s Facebook group. He endured Missouri long enough to graduate from Washington University in the St. Louis School of Law. He is a former boat builder who cannot swim, a published author on critical racing theory, philosophy and humor, and has a love of cycling that occasionally annoys his peers. You can email him at cwilliams@abovethelaw.com and tweet @WritesForRent.

The post Will The Cute Movies Of Youngsters Opening Toys Be Future Labor Regulation Proof? appeared first on DAILY SAN FRANCISCO BAY NEWS.

Tori Gaines, Michael Bartiromo, and Nexstar Media Wire

4 months ago

A Toys “R” Us location is seen at a Macy’s in New Jersey on July 11, 2022. Macy’s previously announced a partnership with WHP Global, owner of the Toys “R” Us brand, to bring Toys “R” Us to the store. US stores in US Macy’s locations ahead of the holiday season. (Photo by Eugene Gologursky/Getty Images for Macy’s, Inc.)

Correction: This story has been updated to correct the number of Macy’s stores with Toys “R” Us stores in store.

SAN FRANCISCO (CRON) — If you missed Toys “R” Us, you’re in luck. The legendary toy stores have officially opened in select Macy’s department stores across America.

Macy’s previously announced a partnership with WHP Global, owner of the Toys “R” Us brand, to bring Toys “R” Us stores to US Macy’s stores ahead of the holiday season.

(Photo by Eugene Gologursky/Getty Images for Macy’s, Inc.)

“We hope that Toys ‘R’ Us children of all ages will discover the joy of exploration and play in our stores and that families will create special memories together,” said Nata Dvir, Macy’s chief merchandising officer, in a press release to be issued this summer became. “Customer response to our partnership with Toys ‘R’ Us has been incredible and our toy business has seen tremendous growth.”

Target and Amazon begin holiday sales in October

Some of Toys “R” Us stores were slated to open as early as July 2022, with planned stores set to open in select stores by October 15. The largest of the toy stores, covering up to 10,000 square feet, were planned for locations in Atlanta, Chicago, Honolulu, Houston, Los Angeles, Miami, New York and San Francisco, according to Macy’s.

Christmas toy displays could even extend some store footprints by as much as 3,000 feet, Macy’s said.

To celebrate, Macy’s and Toys “R” Us have planned nine days of family activities and daily giveaways. The full list of events is below.

• On October 15thGuests can party barbie day with special Barbie activity sheets.
• Fisher Price Dayentered for Oct 16, invites young guests to build their own Little People House.
• Visitors to Toys “R” Us keep shopping 17 Oct can celebrate Geoffrey’s birthday by designing their own picture frame, taking a photo with a Geoffrey statue and taking home freebies including LEGO gift bags and Disney plushies.
• 18 Oct Is National Geographic STEM Day. Activities include a dig at the store and lessons in Fools Gold.
• Rainbow Loom Day At 19 Oct Then weavers are invited to create their own bracelets and trade with other designers.
• Kids can pretend to be pizza makers or café baristas with interactive Play-Doh playsets Play Doh Dayentered for 20 Oct
• I have to catch them all Pokemon Day — 21 Oct – when guests can collect new Pokémon and trade with other collectors.
• It is LEGO day At 22 Oct, when guests can create their own LEGO sets in the store. Participants will also receive LEGO goody bags to take home.
• 23 Oct Is LOL surprise! Day. Kids can join in a day of fun coloring and go home with a LOL surprise! Trading Card Pack.

A complete list of Macy’s locations where Toys “R” Us stores can currently be found is available at Macys.com.

Toys ‘R’ Us opens “interactive” two-story store in New Jersey mall

Toys “R” Us had previously closed all locations in 2018 after filing for bankruptcy the year before. The company opened a 20,000-square-foot flagship store in a New Jersey retail center in 2021 after WHP Global acquired the brand earlier in the year.

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