As a minor when you are making decisions about when and where you will be working, it is important to know what the laws are. You are anxious to obtain work as it will provide you with spending money and work experience. However, certain laws have been enacted to protect youth from exploitation and provide safe working conditions. The following information is a brief synopsis of NM labor law information.

Minimum Age

The minimum age for employment is fourteen (14). There are restrictions on occupations and hours. There are some specific laws covering child performers in the entertainment industry and exceptions for employment by a parent or to sell/deliver newspapers.

Hour Limitations

Minors 14 and 15 years of age may NOT be employed:

• during school hours
• before 7 a.m. or after 7 p.m., except from June 1 through Labor Day when evening hours are extended to 9 p.m.
• more than 3 hours a day - on a school day
• more than 18 hours a week - in a school week
• more than 8 hours a day - on a non-school week
• more that 40 hours a week in a non school week

There are no hour or time restrictions for minors age 16 and older.

PROHIBITED OCCUPATIONS FOR MINORS AGES 14 and 15

These occupations are established by the Fair Labor Standards Act (FLSA)

Occupations involving:

• mining
• manufacturing
• processing including laundry and dry cleaning
• duties in workrooms
• public messenger service
• hoisting apparatus' or any power driven machinery
• power driven mowers / cutters
• the use of auto pits, racks lifting apparatus'.

Occupations in connection with:

• transportation of persons or property
• warehousing and storage
• communications
• public utilities
• construction.

Occupations in retail food / gas service establishment:

• work in boiler / engine rooms
• maintenance / repair of machines and equipment
• outside window washing
• cooking and baking
• operating, setting up, adjusting, cleaning, oiling or repairing power driven food slicers, grinders, choppers and mixers
• work in freezers / coolers
• loading and unloading goods.

And, any occupations found and declared hazardous by FLSA

HAZARDOUS OCCUPATIONS FOR MINORS AGE 16 and 17

Occupations involving or in connection with:

• explosives
• motor-vehicle drivers
• mining, including coal mining
• logging including sawmill
• power-driven wood working machinery
• radioactive substances
• hoisting apparatus': elevators, cranes, derricks, hoists, and high-lift trucks
• metal forming, punching, shearing machines
• slaughtering / meat packing
• power-driven bakery machines
• paper product machines
• manufacture of brick, tile and kindred products
• circular saws, band saws, and guillotine shears
• wrecking, demolition, and ship breaking
• roofing occupations and
• excavation operations.

The above-mentioned occupations are prohibited for anyone under the age of eighteen (18). This minimum age applies even when the minor is employed by a parent / guardian.

CERTIFICATES

A work permit certificate is required by state law, for the employment of children under sixteen (16) years of age AT ALL TIMES. (See Work Permits for youths on how to obtain one.)

There is no provision in the law for age certificates for children sixteen (16) and older. An age certificate can be issued upon request to verify the child's age.

Work permits and age certificates are proof of age only and do not authorize prohibited employment.

NOTE: Children under the age of 18, working in the entertainment industry will need to complete a Pre-Authorization Certificate.

Child Employment Entertainment Law

Effective June 30, 2008, the New Mexico Department of Workforce Solutions (NMDWS) established new rules for employing and protecting child performers in the entertainment industry, including motion pictures, theatrical, radio, and television productions. The rules will require employers to follow educational and safety requirements stated in rules 11.1.4.1-15 NMAC and the statutes 50-6-1 to 50-6-19 NMSA 1978 Comp. (See "Child Labor" section at www.dws.state.nm.us for complete rules and statutes.)

Click here for the pdf file on Child Employment Entertainment Law.

Contact Information

NM Dept. of Workforce Solutions
Child Labor Section
1596 Pacheco Street, Room 219
Santa Fe, New Mexico 87505
(phone 827-6817 or 827-0091)
(fax: 827-6875 or 827-9676)

U.S. DEPARTMENT OF LABOR
WAGE & HOUR DIVISION
Albuquerque: (505) 248-6100
El Paso, Texas (915) 534-6426