New Mexico Child Labor Laws
The New Mexico Department of Workforce Solutions enforces child labor laws in the state and sets the rules for employing individuals under the age of 18. The law establishes a minimum working age, work permit requirements, occupations prohibited for minors to work in, and the number of hours they must complete. These laws work in tandem with the federal Fair Labor Standards Act (FLSA) and demand that employers always comply with the stricter rules to protect the interests of minors.
How the State Regulates Child Labor
The state regulates youth employment through many key mechanisms. These are as follows:
- Minimum Age: In New Mexico, all individuals above the age of 14 can seek employment.
- Work Permits: Minors must obtain a state-issued work permit before starting employment. This is especially necessary for minors under 16 years of age.
- Hour Restrictions: The law dictates specific daily and weekly working hours, as well as time-of-day curfews, which vary by age and whether school is in session.
- Prohibited Occupations: New Mexico follows the federal list of hazardous jobs that are restricted for minors.
Relation to Federal Law
Although the state’s laws largely align with the federal FLSA, especially regarding hour restrictions for 14- and 15-year-olds, it does have stricter rules in many other areas. For instance, as per the state laws, minors under the age of 16 must not work beyond 7:00 PM during the school year. It also requires work permits for 14- and 15-year-olds, which the federal law does not generally mandate. In all cases, the more protective law must be followed in New Mexico.
Minimum Working Age in New Mexico
The state has set a minimum working age of 14 years for most non-agricultural employment. However, some exceptions allow minors under 14 to work. These exceptions are as follows:
- Delivering newspapers
- Performing in radio, television, movies, or theatrical productions
- Working in a family-owned business (except for mining, manufacturing, or those that are considered hazardous jobs)
- Babysitting or performing minor chores in one’s private home
Work Permits for Minors in New Mexico
As per the state laws, all minors under 16 years of age must get a work permit from the Department of Workforce Solutions before starting employment. Minors aged 16 and 17 do not need a work permit.
Here’s how a minor can obtain a work permit:
- Post-receiving an offer from an employer, the minor must approach their school, the local school superintendent’s office, or a New Mexico Department of Workforce Solutions office, along with their parents/guardian, to request a work permit.
- The minor must present an age proof document, such as a birth certificate or government-issued ID.
- Once authenticated, the authorized official issues the work permit.
Minors must ensure to provide the same to their employers, who in turn, must maintain a copy in their records until the minor ends their employment.
Hour Restrictions for Minors in New Mexico
In New Mexico, working hour restrictions are quite stringent for the youngest workers.
For Minors Aged 14 and 15:
- During the School Year:
- A maximum of 3 hours on a school day or 18 hours per school week
- Must only work between 7:00 AM and 7:00 PM
- Must not work during school hours.
- During Summer Vacation (June 1 to Labor Day):
- A maximum of 8 hours per day or 40 hours per week
- Must only work between 7:00 AM and 9:00 PM
For Minors Aged 16 and 17 :
No state or federal laws define any specific time restrictions on 16- or 17-year-olds. However, New Mexico law restricts them from working after 7:00 PM when their school is in session the next day. This can extend to 9:00 PM during the summer break.
Prohibited Jobs for Minors in New Mexico
The state adheres to the federal FLSA’s list of hazardous occupations that are restricted for minors under 18.
| Category | Prohibited Roles (Summary) | Who is Affected |
| Hazardous Machinery | Operating, cleaning, or repairing most power-driven machinery, including woodworking machines, bakery mixers, and meat slicers. | Under 18 |
| Construction & Height-Related Work | Most occupations in roofing, demolition, excavation, and working on ladders or scaffolds. | Under 18 |
| Motor Vehicles | Driving a motor vehicle on public roads or serving as an outside helper on a motor vehicle as part of a job. | Under 18 |
| Manufacturing, Mining & Processing | Work in or around plants that manufacture explosives or brick/tile; all occupations in mining; and occupations involving radioactive substances. | Under 18 |
| Public Utilities & Communications | Most jobs in communications and public utilities are prohibited. | Under 16 |
| Food Service | Most cooking and baking activities, and working in freezers or meat coolers. | Under 16 |
Penalties for Non-Compliance
Any employer who violates the state’s child labor laws is liable to face significant federal penalties.
- Parental Liabilities: Although parental consent is necessary for a minor to obtain a work permit, the legal responsibility falls on the employer to comply with child labor laws.
- Employer Penalties:
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- Civil Penalties: As per the federal law, employers can be penalized for not following the child labor laws and can expect a fine of up to $11,000 per worker per violation.
- Enhanced Penalties: Any violation that causes the death or serious injuries to a minor, the penalty can be as high as $50,000, and may be doubled to $100,000 for willful or repeated violations.
- Criminal Penalties: A willful violation can result in a criminal fine of up to $10,000. A second willful violation can lead to a fine and/or imprisonment for up to 6 months.
HR Notifications and Documentations
Maintaining proper records is a key part of child labor law compliance in the state of New Mexico.
| Document/Notice | What to Keep or Post | Retention & Update Notes |
| Work Permit | A valid, state-issued work permit for every employee under the age of 16. | Must be kept on file and available for inspection for the duration of employment. |
| Proof of Age | A copy of a birth certificate, driver’s license, or other valid document verifying the minor’s age. | Required for the permit application and recommended to keep on file for all minor employees. |
| Time and Payroll Records | Accurate records detailing daily and weekly hours worked and all wages paid. | Must be retained to demonstrate compliance with hour restrictions. |
| Required Posters | Display federal labor law posters, including those covering minimum wage and job safety, in a conspicuous place. | Ensure all required posters are visible to employees. |
Got questions?
In New Mexico, the minimum working age is 14 years. However, some exceptions exist, such as working for one’s own family, delivering newspapers, working in the entertainment industry, etc.
No. The state does not mandate 17-year-olds to have a work permit to work in New Mexico.
A 16-year-old can work only up to 7:00 PM on a night preceding a school day. However, during the summer, they can work until 9:00 PM.
Yes. The 14- and 15-year-olds can work up to 9:00 PM between June 1 and Labor Day. During this time, they can work up to 40 hours per week as well.
Employers face federal penalties of up to $11,000 per violation. These fines can reach $50,000 (or $100,000 for willful violations) if a minor is seriously injured or dies as a result of the violation.
