CELEBRITY SCALES: It’s all about the Gosselin kids, right?

Years after it all started, the “Jon & Kate Plus 8” train wreck continues to steamroll the American public with, unfortunately, no sweet ending in sight.  Week after week, Kate Gosselin plods, pouts and throws pity parties on her way to greater infamy as a contestant on “Dancing with the Stars” while Jon Gosselin falls deeper and deeper into reality star oblivion.  And by the way, how are those little Gosselin kids doing you may ask?

Jon Gosselin recently filed for a new court order contending that Kate is placing her career efforts ahead of the children’s best interests and that she is unfairly denying him visitation time.  This filing has been made despite Jon and Kate reaching a child custody agreement last year when they divorced.  In the midst of new reality shows, custody battles and gallons of spilled, tabloid ink, we all know that everything and we mean everything Jon and Kate do is in the best interest of their kids.  If each parent had their way, the little ones would be just swell.  Finally though, an actual legal authority has asserted its opinion on welfare matters concerning the Gosselin kids and their relationship to their parents’ “careers”.  Pennsylvania state officials recently reached conclusions on accusations of child labor law violations on the set of the family’s now defunct TLC show.  The state’s conclusions though are likely to be met with mixed emotions by children’s rights advocates and sympathetic fans of the Gosselin tots.

State officials concluded that “Jon & Kate Plus 8” violated Pennsylvania’s child labor law by not getting work permits for the Gosselins’ eight children. Officials said though that they will not file charges against the reality TV show as long as the offense is not repeated in the future.  According to a resolution agreement from Pennsylvania’s Bureau of Labor Law Compliance, the investigation into the alleged violations, which was launched last year, found no evidence that the children were mistreated in conjunction with the filming of the show but that their participation did require work permits that were never obtained by TLC or “Jon & Kate” producers.

Jon and Kate as well as show producers, have continued to insist that the children never needed permits to film.  However, Pennsylvania state officials thought differently and concluded that their participation in the TLC show amounted to work.  The state said that “the activity being filmed was spontaneous.” “However, children introduced episodes of the television show and transitions.  DVDs and other merchandise were sold involving the children’s appearance.  Lighting was placed in the home for the show and there was product placement in some episodes.”  Ultimately, the Gosselin children were used to create, build and market the “Jon & Kate” brand and line the pockets of their parents, TLC and advertisers without any fair, child labor protections in place for them.  The fact that children on scripted television shows are legally protected in ways that children on reality shows are not, leaves the latter vulnerable to physical and economic exploitation and possibly psychological and emotional damage.  The Gosselin kids are the poster children of this type of unethical abuse to which many have turned a blind eye for far too long in the shameless pursuit of profit and fame.

What then do Pennsylvania ’s conclusions mean for Kate Gosselin’s new TLC show, “A Twist of Kate?”  Simply put, if Kate wants the kids to be a part of the show, she is going to have to obtain state work permits for them.  According to the state, if she doesn’t do this, it could re-open the case and file charges for past offenses.  Additionally, the state said that at least 15 percent of the money paid to the children in association with their participation in the reality show must be placed into an irrevocable trust account that can be spent only when the children turn 18.  While Pennsylvania state officials’ conclusions are a far cry from a complete overhaul of unscrupulous child labor practices in reality television, it is refreshing that someone outside of the “Jon & Kate” media circus is thinking more clearly about the welfare of the Gosselin kids and other children like them.

Matt Semino is a New York attorney and legal commentator.  He is a graduate of Columbia Law School , Cornell University and is a Fulbright Scholar.

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Contact Matt Semino at Matt@MattSemino.com