Kate Plus 8 - Production

Production

Between the specials and the series, permanent light fixtures were installed in the Gosselins' second home to make filming easier and prevent the kids from tripping over the wires and cables from temporary lighting. Jon & Kate Plus 8 filmed three days per week, with one day used for interview sessions where Jon, Kate and occasionally the children, discussed events occurring in each episode. In the family's first house, the "interview corner" was located in the basement, and was transformed from the playroom when needed. It was painted green, unlike the rest of the playroom. In their new house, the interview set was reproduced in an unfinished area of the basement. At season four's finale, Jon and Kate said they would make a new set for season five.

Criticisms were raised regarding Kate's intentions of continuing with the show, as well as whether or not the children were being exploited or were under emotional distress. According to lawyer Gloria Allred, "Every state does regulate to protect the health, the safety and welfare of little child performers And these little ones are only eight years old and five years old, they can’t protect themselves, so the state has to be sure that they are safe in their workplace." In the case of the show, the children's workplace is their home. At this point there are no clear laws in Pennsylvania (where the Gosselins reside) regarding a child's appearance on a reality show. However, Pennsylvania law permits kids who are at least seven years old to work in the entertainment industry, as long as certain guidelines are followed and a permit is obtained. For example, children may not work after 11:30 p.m. under most circumstances, or perform in any location that serves alcohol.

Kate says that the children were happy and healthy and were never in any danger from doing the show. Jon stated they were "in talks" regarding ensuring the children's happiness, and that there is no truth to any reports that the children have been hurt by the series. TLC released a statement saying that the network "fully complies with all applicable laws and regulations" to produce the show. The statement also said that "for an extended period of time, we have been engaged in cooperative discussions and supplied all requested information to the Pennsylvania Department of Labor and Industry".

An investigation by the Pennsylvania Bureau of Labor Law Compliance found 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." Because of these reasons, the children were considered to be working on the show, and the show was required to obtain work permits for the children, which it did not do. An agreement was reached that no charges would be filed immediately as long as no further violations would occur.