US probes Falun Gong's dance group Shen Yun over possible child labour abuse

Shen Yun Performing Arts, a prominent dance company, has for years used children and teenagers to stage its shows worldwide. While the company earned millions of dollars per season, it offered little to no compensation to its young performers. However, recent month have seen, following an investigative report by The New York Times, the New York State Department of Labor (DOL) opening an inquiry into the group’s practices.

In August, as per the NYT report, Shen Yun had violated state child labor laws by employing underage dancers and musicians without the necessary permits.

The NYT reports that legal experts say the law requires performance groups to obtain certification before using minors in performances, ensure proper working conditions, and set aside a portion of performers’ earnings in a trust account. Many former Shen Yun performers, however, were unaware of such protections.

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Shen Yun, operated by the Falun Gong religious movement from its sprawling campus in Orange County, New York, has drawn scrutiny for its reliance on underage performers. These performers, many from families of Falun Gong adherents, travel from overseas to join the company, receiving full scholarships that cover tuition, room, and board. However, former performers claim the company failed to provide adequate pay, long hours, and harsh conditions during their tours.

The company has used underage performers for nearly two decades but only recently applied for state certification in late September.
The application was approved, and the company must now notify the Labor Department 30 days in advance if it plans to employ minors in any future New York performances.

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Shen Yun’s representatives, Ying Chen and Levi Browde, defended their practices, denying any violations of labor laws. They asserted that the young performers are not employees but students gaining valuable learning experiences, with some receiving stipends.

“The vast majority of students will tell you this is their dream come true, and the parents rave about the positive changes in their children,” they stated.

Despite these claims, the NYT investigation uncovered troubling working conditions. Performers on the company’s grueling tours are subjected to long hours, often working from early morning until late at night. Many performers, particularly students, do the majority of the work required to stage the shows, including carrying heavy equipment and setting up for performances.

In addition to the demanding performance schedule, some performers, especially males, were required to guard tour buses at night to protect against potential interference from Chinese government agents, due to the Falun Gong’s status as a banned religion in China.

Shen Yun’s representatives have downplayed these claims, calling such accounts “extreme” and rare. They maintain that performers are not forced to work under these conditions and enjoy breaks during their tours

Despite the company’s claims, legal experts have raised concerns about the potential exploitation of young performers. Michael Minkoff, an employment lawyer in Manhattan, questioned whether the company has used loopholes in labor law to justify low pay. “My suspicion is that they are treating these children and young people, even if they’re not minors, as maybe volunteers, maybe apprentices, and they’re using that as justification for not paying them,” he said.

“That doesn’t mean it’s legal by any stretch of the imagination,” Minkoff further said.

For years, Shen Yun has amassed substantial earnings while paying relatively small amounts to its performers. In its most recent tax return, the company reported assets exceeding $265 million. By comparison, the American Ballet Theatre in New York, with a fraction of Shen Yun’s financial assets, pays its apprentices starting salaries of $986 per week under its contract with the American Guild of Musical Artists.

Though Shen Yun’s practices have been long-standing, the State Labor Department only recently launched an investigation. The department had previously been criticised for its reactive approach to child labor law enforcement, with a 2017 audit revealing that it only acted on complaints. “Complaints are less likely to come from children,” the audit noted, “particularly if both the parents/guardians and employers violate the law.”

Legal experts have pointed out that while exceptions to state and federal minimum wage laws exist for students, apprentices, and volunteers, Shen Yun’s low pay rates for its performers may not meet legal standards. Meanwhile, Shen Yun’s leaders continue to assert that their performers are treated well and that most find the experience to be a valuable educational opportunity.