18.104.22.168 EMPLOYMENT OF CHILDREN:
A. A work permit is required at all times when employing children under the age of sixteen.
B. Work permits shall be issued only by the school superintendents, school principals, designated issuing school officers or the director of the labor and industrial division or the director’s designee, upon proof of age of the student and that the work the child is engaged is not dangerous to the child or prohibited as outlined in the Fair Labor Standards Act, (FLSA).
C. It is the responsibility of the employer to preserve on file the work permit in a place about the premises where the child is employed. All work permits and records are subject to inspection by representatives of the labor and industrial division.
D. The maximum number of hours allowed for children under the age of sixteen is eighteen hours a week during the school week and forty hours a week in a non-school week.
E. Children under the age of sixteen will be restricted from working between the hours of 7 p.m. and 7 a.m., except from June 1st through Labor Day, when they will be allowed to work until 9 p.m.
F. Hazardous occupation means any occupation defined as hazardous by the United States department of labor under 29USC 201 et seq. of the Fair Labor Standards Act.
G. The student labor specialist will investigate any alleged violation of the Child Labor Act. The investigation may include investigating the premises of the employer, issuing a subpoena duces tecum, or holding an administrative hearing, to resolve the complaint.
H. No work permits shall be in force without renewal for a longer period than one year from the date of issuance. In the event the permit is to be extended, the issuing officer will write the following words, This certificate is extended for a period of ... days from this date, and sign his or her name thereto.
[8/15/98; 22.214.171.124 NMAC - Rn, 11 NMAC 1.4.9, 06/30/08]
126.96.36.199 EMPLOYMENT OF CHILDREN IN THE ENTERTAINMENT INDUSTRY:
A. Any person who employs a person under the age of 18 as an actor or performer in the entertainment industry must obtain a pre-authorization certificate issued by the department of workforce solutions prior to the start of work. The pre-authorization certificate will include: the project name, estimated dates and length of the project, employer name, employer New Mexico address, a minimum of three contact personnel including name, address, and contact telephone numbers. The pre-authorization certificate will include: the child performer’s information: name, address, date of birth, where the child is registered to attend to school, grade level of the child, special educational needs, anticipated length of employment on this project, nature of work on this project, and list any possible exposure to potentially hazardous materials or substances. A signature will be required from the child performer when the child is 14 years of age and older. A signature will be required from the parent or legal guardian giving the child permission to be employed in the entertainment industry. A signature will be required from the employer certifying compliance with all requirements of the pre-authorization certificate.
B. It is the responsibility of the employer to obtain a child performer pre-authorization certificate before the employment begins. The employer must be able to provide a copy at the work site when requested to do so. The department of workforce solutions will retain a copy.
C. The child performer pre-authorization certificate is valid for one year from the date it was issued or until the specific project for which the child is employed by the employer who makes the application for the pre-authorization ceases, whichever time period is shorter.
D. The parent or legal guardian of the child performer can contact the department of workforce solutions to renew the permit 30 days prior to expiration.
E. A pre-authorization certificate for a child performer can only be issued by the department of workforce solutions.
F. No pre-authorization certificate will be given or issued without a signature of a parent or legal guardian indicating their permission for their child to work on the specific project. A parent or legal guardian must be within eyesight and earshot of the child performer at all times other than the time periods in which teachers are teaching school.
G. The employer must provide a certification of compliance for the certified teacher with appropriate teaching credentials for grade levels kindergarten through 12 or to teach the level of education required for the child performer at the place of employment to the department of workforce solutions prior to issuance of the pre-authorization certificate.
H. It is the responsibility of the employer to provide a New Mexico certified trainer or technician accredited in a United States department of labor occupational safety and health administered-certified safety program at the place of employment at all times when a child performer may be exposed to potentially hazardous conditions. Hazardous conditions are special effects, which potentially could be physically dangerous to the child performer.
I. The employer must provide a written background check on all certified teachers, and certified trainers and technicians on the movie set to the department of workforce solutions. It is the responsibility of the employer, parent, legal guardian, teacher, trainer and technician to report any arrest or conviction record and any other information that may present a possible danger to the health, safety and well being of the child performer.
[188.8.131.52 NMAC - N, 06/30/08]
184.108.40.206 CERTIFICATE AND DUTIES OF CERTIFIED TEACHERS:
A. A certified teacher of New Mexico resident children, who attend public schools, must posses a valid and current teaching certificate issued by the New Mexico public education department. Certified teachers of non-resident students must possess a valid and current teaching certificate from one of the United States to teach grade levels kindergarten through 12 or teach the level of education required for the child performer at the place of employment.
B. All certified teachers, shall, in addition to teaching, and in conjunction with the parent or legal guardian, also have the responsibility of monitoring and protecting the health, safety and well being of the child performers they have been hired to teach during the time the teacher is required to be present.
C. The certified teacher, parent, or legal guardian may refuse to allow the engagement of the child performer at the place of employment. Any party may report conditions threatening the health, safety, and well being of the child performer to the department of workforce solutions. It is the ultimate responsibility of the parent or legal guardian to assure that the safety; health and well being of the child are being protected. A teacher must be present during the time reserved for school, except that the child performers under 16 do not require the presence of a teacher for up to one hour for wardrobe, make-up, hairdressing, promotional publicity, personal appearances, or audio recording if these activities are not the actual site of filming or at the theatre or if school is not in session, and if the parent or legal guardian is present within earshot or eyesight of the child performer.
[220.127.116.11 NMAC - N, 06/30/08]
18.104.22.168 LIMITATIONS OF CHILD PERFORMERS WORKING HOURS INCLUDING SCHOOL TIME:
A. All child performers’ ages six to 18 years must be provided with a teacher for each group of 10 or fewer child performers when school is in session.
B. No child performers shall begin work before 5:00 a.m. or continue work after 10:00 p.m., on evenings preceding school days. Child performers shall not work later than 12:00a.m. on days preceding non-school days. The time the child performer can be permitted at the place of employment may be extended by one-half hour for a meal period.
C. No infants 15 days old to six months of age may be employed as a child performer unless a United States licensed physician who is board-certified in pediatrics provides a written certification that the infant is at least 15 days old and, is physically capable of handling the stress of filmmaking. With the physician’s approval the infant performer may be at the place of employment a maximum of two hours, with no more than 20 minutes of work time. Work time for infants shall be limited to one period of two consecutive hours in any one day.
D. Child performers ages seven months to two years may be at the place of employment for up to four hours and may work up to two hours. The remaining time must be reserved for the child performers rest and recreation.
E. Child performers ages three years to five years may be at the place of employment for up to six hours and may work up to three hours. The remaining time must be reserved for the child performer’s rest and recreation.
F. When school is in session, child performers ages six years to eight years may be at the place of employment for up to eight hours, the sum of four hours work, three hours schooling, and one hour of rest and recreation. When school is not in session, work time may be increased up to six hours, with the remaining time reserved for the child performer’s rest and recreation.
G. When school is in session, child performer ages nine to 15 years may be at the place of employment for up to nine hours, the sum of five hours work, three hours schooling, and one hour rest and recreation. When school is not in session, work time may be increased up to seven hours, with the remaining time reserved for the child performer’s rest and recreation.
H. When school is in session, child performers age 16 to 18 years may be at the place of employment for up to 10 hours, the sum of six hours work, three hours schooling and one hour of rest and recreation. When school is not in session, work time may be up to eight hours, with the remaining time reserved for the child performer’s rest and recreation.
I. In exceptional circumstances due to unusual performance requirements, a waiver of the mandatory hours and start to finish times may be granted by the department of workforce solutions. Such waiver must be granted prior to the performances of the work that is the subject of the waiver. The department of workforce solutions will grant a waiver only under the following circumstances:
(1) written notification through a listing of specific dates and times that the child performers will be employed or present at the place of employment;
(2) written acknowledgement that the child performer’s parent or legal guardian have been fully informed of the circumstances and have granted advance consent.
J. The child performer must be provided with a 12-hour rest break at the end of the workday.
K. All time spent in traveling from a studio to a location or from a location to a studio shall count as part of the working day for a minor. When a minor with a company on a location which is sufficiently distant to require an overnight stay and is required to travel daily between living quarters and the place where the company is actually working, the time spent by the minor in such traveling will not count as work time, provided the company does not spend more than 45 minutes traveling each way and furnishes the necessary transportation.
[22.214.171.124 NMAC - N, 06/30/08]
126.96.36.199 REQUIREMENT OF TRUST ACCOUNT FOR ALL CHILD PERFORMERS:
A. Each time a child performer is employed in the state of New Mexico with a contract equal or greater than one thousand dollars ($1000), a trust account will be created for the child performer.
B. It is the responsibility of the parent or legal guardian, or trustee to set up a trust account for the child performer in the child’s state of residence for the sole benefit of the child within seven business days after the child performer’s employment contract is signed. The child will not have access to the trust account until the child is 18 years of age or becomes legally emancipated.
C. The parent, guardian, or trustee shall provide the employer with a trustee statement within 15 days after the start of employment. Once the employer receives the trustee statement, the employer will provide the parent, guardian, or trustee with a written acknowledgement of receipt.
D. If the employer does not receive the trustee statement within 90 days after the start of employment, the child’s employer shall refer the matter to district court. The district court shall have continuing jurisdiction over the trust.
E. The employer shall deposit not less than 15 percent of the child’s gross earnings directly into the child trust account with in 15 business days of the work performance. If the account is not established, the employer shall withhold 15 percent of the gross income until a trust account is established or until court orders otherwise. Once the employer deposits 15 percent of the gross earnings in the trust account, the employer shall have no further obligation to monitor the funds.
F. Once the funds are deposited in the trust account, only the trustee shall be obligated to monitor and account for the funds.
[188.8.131.52 NMAC - N, 06/30/08]
184.108.40.206 SAFETY REQUIREMENTS FOR CHILD PERFORMERS:
A. No dressing room is to be occupied simultaneously by a minor and an adult performer or by minors of the opposite sex.
B. It is the responsibility of the employer to provide a safe, secure shelter for child performers under the age of 18 to rest when required to be at the place of employment during non-performances times.
C. No employer may cause, induce, entice, or permit a child performer to engage or to be used sexually exploitive material for the purpose of producing a performance. No child performer may be depicted in any media as appearing to participate in a sex act.
[220.127.116.11 NMAC - N, 06/30/08]
Last updated by Julie Stevens Mar 6, 2018.