Child Labour Laws in New Mexico

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.

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:

• • 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.