Kidfluencers and Child Content Creators in NJ: Do Labor Laws Protect Minors Who Earn Money Online?

Children are increasingly earning income by creating content online through social media, livestreams, videos, and brand partnerships. As these activities become full-time businesses for some families, employment laws are being tested in ways lawmakers did not originally anticipate. One of the biggest questions is how labor protections apply when the work happens online. 

Income earned through online content creation raises legal issues involving child labor, compensation, and parental oversight, in addition to the social media platforms themselves. 

Technology has changed where work happens, but it has not eliminated the legal questions that come with it. At Brandon J. Broderick, we often look beyond the platform itself and focus on the day-to-day reality of the work being performed. When online content creation involves regular schedules, sponsorship commitments, and business operations, it begins to resemble traditional employment. As the industry evolves, so do the legal protections. 

In this guide, we explain how current laws apply to online content creation, what protections currently exist for child influencers and other young creators, how compensation and parental involvement are addressed, and when it is time to speak with an employment lawyer in New Jersey. 

How Existing New Jersey Laws Apply to Child Influencers 

A 2023 Harvard study found that social media platforms earned roughly $11 billion in 2022 from U.S. creators under the age of 18. But the legal protections that cover a child actor on a film set rarely reach a teen filmed by a parent at home.

The federal Fair Labor Standards Act regulates child labor but carves out entertainers and leaves most of the area to the states. Teen influencers do not fit into either category, especially when a parent returns from maternity leave and regularly features the kid. The laws governing performers and family businesses were written well before family vlogging became part of everyday life. 

Child influencers often fall somewhere between traditional labor protections and family law, with state laws determining much of the legal landscape. 

Two exemptions remove most protection. Child labor laws, including New Jersey's, exempt performers, who are handled under separate rules, and teens working in a family business. 

A teen filmed by a parent for a monetized channel arguably falls into both, and each route leads to weak or nonexistent coverage. California's 1939 Coogan Law, the model for protecting performers' earnings, reaches only minors under a contract. A teen filmed by their own parent has no contract, so the protection never applies. The parent serves as the employer, the person who profits, and the legal guardian at the same time.

Several factors place minors outside many of the protections that apply in traditional workplaces:

• There is no employment contract, so performer-protection laws don’t apply.
• Many laws contain family-business exceptions that remove protections available in other jobs.
• Parents control the content, the brand deals, the earnings, and the legal decisions on the child's behalf at the same time.
• In most states, the income legally belongs to the parent unless a state law provides otherwise.
• When filming is treated as part of family life rather than employment, working conditions and the impact on schooling receive little or no legal oversight.

The person responsible for protecting the teen is the same person who controls the business. The arrangement makes the roles difficult to separate when the family's income depends on the channel. That kind of conflict is addressed in many different settings of the law. Our attorneys at Brandon J. Broderick recognize the same concerns in the growing area of content creation. Similar concerns shaped many of the protections created for child actors.

Child Labor and Social Media Laws Beyond New Jersey 

A small number of states have already passed laws in this area, providing examples for legislatures considering similar protections. 

Illinois acted first. Effective July 1, 2024, the state amended its Child Labor Law. When a minor under 16 appears in at least 30% of monetized content over 30 days, the creator has to set aside a proportional share of gross earnings in a trust that the minor reaches at 18. Enforcement is private, meaning the child sues the parent as an adult if the money was never set aside.

California passed the strongest version. Assembly Bill 1880 and Senate Bill 764 expanded the Coogan Law to cover teen influencers and added a separate requirement. A creator who features a minor in at least 30% of their content has to deposit 65% of the minor's gross earnings into a trust. The rule also reaches children featured by their parents with no contract. 

Minnesota went further in age. Beginning July 1, 2025, kids under 14 are prohibited from working as content creators under the law. The law also requires trust accounts for earnings and gives those children the right to receive 100% of the proceeds tied to their content, along with the right to request that the content be removed. 

Most of these laws follow a similar approach:

• They apply once the kid appears in a certain amount of content, often 30% over 30 days.
• They require part of the gross earnings to be placed into a trust account.
• The minor gains access to those funds at age 18.
• Parents must keep records of the participation and earnings.
• Some states give teens the right to request that content featuring them be removed.
• Many rely on private lawsuits because there is no government agency enforcing the law.

High-profile cases helped bring greater attention to the issue, including the case involving Ruby Franke, a family vlogger with millions of subscribers who was later convicted of child abuse. But many of these laws rely on the child bringing a lawsuit years later rather than on a government agency actively enforcing the protections. 

New Jersey falls into the group that has introduced a bill without passing it.

Kidfluencer Rights and Earnings Protection Under New Jersey Law 

New Jersey has no kidfluencer law in force. The state has not enacted earnings protections specific to minors. Their online income currently belongs to the parent who controls the account.

A bill exists and has moved through the process. Assembly Bill A4302, based on similar legislation in Illinois, would define a minor under 16 as working if they appear in at least 30% of monetized content within a month. It applies to content on platforms like YouTube, Instagram, and TikTok. 

It would require the vlogger to set aside the gross earnings in a trust that the child cannot access until adulthood. The New Jersey Assembly approved kidfluencer legislation, but it has not become law.

New Jersey's existing system relies on employment certificates and working papers for teens. It doesn’t reach a teen filmed for a family vlog, because the family-business and performer exemptions apply. 

New Jersey’s current legal position includes:

• Online earnings generated by a minor are typically controlled by the parent managing the account.
• New Jersey law does not yet require those funds to be held in trust for the child.
• Voluntary trusts remain available under general fiduciary and trust principles.
• There is no specific New Jersey statute giving a minor a claim for unpaid appearances in content.

New Jersey does not yet have a law written specifically for minors, but other legal protections still exist. Parents may have fiduciary responsibilities when managing the earnings, and families can establish voluntary trusts. Child abuse and neglect laws apply if filming or working conditions become harmful. A pattern of intimidation or using fear as motivation may also become relevant depending on the circumstances. 

Online content is not limited by state borders. A New Jersey family that partners with brands based elsewhere may become subject to another state's laws. Any income earned across state lines can also create multistate taxes commonly associated with remote work. 

Current Legal Protections for Minor Content Creators in New Jersey 

Protection in New Jersey currently comes from planning and existing legal tools rather than a dedicated law. A family that wants to protect a kid’s earnings has to do it deliberately.

Until New Jersey adopts a specific law, families can still create their own safeguards. One option is to establish a voluntary trust or custodial account and deposit a portion of the child's earnings into it. Record-keeping matters alongside it. Tracking how often the minor appears in content and how much money is set aside creates a clear paper trail. In our experience, early documentation becomes one of the most important pieces of evidence in any future claim. 

A New Jersey parent can:

• Consider setting up a custodial account or trust and depositing a consistent portion of the child's earnings.
• Keep records of the kid’s screen time, the income generated by the content, and any money set aside.
• Treat the earnings as belonging to the child rather than using them as general household income.
• Make sure filming does not interfere with school, sleep, or the teen’s overall well-being.
• Respect the minor’s wishes if they no longer want to participate or ask for content featuring them to be removed.
• Seek legal guidance before signing long-term brand or sponsorship agreements involving the family channel.

As legal protections for minors continue to develop, so do questions about their wage rights. In states with kidfluencer laws, children have already brought claims against parents who failed to preserve part of their earnings. Similar issues could arise under future New Jersey law. 

If your family or business has questions about the legal issues surrounding child content creation, contact us today for a free consultation.