About the Child Labor Section
The Child Labor Section enforces the Child Labor Act and investigates possible violations concerning minors. This Section issues and monitors work permits and age certificates issued by the schools to assure compliance. In addition, the section is responsible for notifying school officials of applicable laws and making presentations to students and employers. The Child Labor Section continues to work in partnership with the USDOL to expand the leverage of its enforcement and education initiatives. Education serves to promote voluntary compliance by informing employers, educators, young workers, and their parents about the child labor laws so that they may make informed decisions about when and where young workers should work.
Employers are generally subject to both state child labor laws and the federal child labor provisions of the Fair Labor Standards Act (FLSA), 29 U.S. C. 212(c), and the FLSA regulations at 29 CFR part 570. Certain provisions of New Mexico state law may be less restrictive than federal law, and employers covered by the FLSA that only follow a less restrictive provision of New Mexico state law will be in violation of federal law, See 29 U.S.C. 218 (a). For more information on federal child labor law, please visit the U.S. Department of Labor's Wage and Hour Division website at - www.dol.gov/whd/.
Work Permit Certificate Form - PDF English Español
For questions about work permits, contact the Child Labor Law Compliance Officer at (505) 841-4400.
Report a Child Labor Law Violation
To ensure the safety and welfare of our working youth, the Child Labor Section investigates all complaints. If you believe there is a violation(s) of the state or federal child labor laws, complete the form below or contact the Child Labor Section at 505-841-4400. You may provide your contact information or submit anonymously.
To expedite your complaint, the New Mexico Department of Workforce Solutions encourages you to take advantage of the online or electronic submission of the complaint form.
Report a Child Labor Law Violation - English
Reportar una Violación de la Ley de Trabajo Infantil - Español
A PDF version of this form is available for download and print. Complete the form to the best of your knowledge and submit by email to childlabor@dws.nm.gov, fax at (505)41-4424, or by mail to:
New Mexico Department of Workforce Solutions
Child Labor
401 Broadway Blvd NE
Albuquerque, NM 87102
Child Labor Law Violation Form - English
Formulario de Violación de la Ley de Trabajo Infatil – Español
Rules, Regulations, & Statutes
New Mexico State Statutes - https://nmonesource.com/nmos/nmsa/en/nav_date.do
- Click on the link above, then enter "Chapter 50 - Employment Law" into the search bar on that page.
- Select "Article 6 Employment of Children" from the left-hand menu.
New Mexico State Regulations - https://nmonesource.com/nmos/nmac/en/nav_date.do/
- Click on Title 11 "Labor and Workers' Compensation"
- Click on Chapter 1 "Labor General Provisions"
- Click on 11.1.4 "Wage and Hour and Employment of Children"
Employment of Children In The Entertainment Industry
The New Mexico Department of Workforce Solutions enforces rules for employing and protecting child performers in the entertainment industry, including motion pictures, theatrical, radio, and television productions. The rules 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.
The employer is responsible for obtaining a Pre-Authorization Certificate for any child performer under the age of 18 BEFORE the employment begins. The certificate is valid for one year or until the specific project is completed, whichever time period is shorter. For more information please refer to the "Child Employment Entertainment Law" brochure located under "Additional Resources" on the top right-hand side of this page.
Frequently Asked Child Labor Law Questions