New Mexico Child Labor Laws 2024
Contents :: New Mexico Child Labor Law
Child labor laws on New Mexico and <a href="/federal/child-labor-laws">Federal</a> levels exist to prevent the exploitation of minors for labor, and ensure that education is prioritized over work. Limitations on child labor vary by age, and may include restrictions on the types of work that can be done, maximum hours that may be worked, and limitations on late or overnight work.
Regulation of child labor may include the use of Employment Certificates issued by the minor's school or the state Labor Department, and/or an Age Certification document that verifies the minor's age for work purposes. This page details New Mexico's child labor law regulations.
Mandatory Employment & Age Certification for Minors
Employment Certificates in New Mexico
Employment Certificates, also known as Work Permits, are not required in order for minors to work under New Mexico law. Employers are still responsible for ensuring that they comply with all New Mexico child labor restrictions and regulations.
Age Certification in New Mexico
Age certification is a process through which minors provide proof of their age to a prospective employer, which helps ensure that all child labor laws mandated for their age bracket are followed.
Age certification is not required under New Mexico law, but it is common practice that agencies will provide certification on request for minors 16 and 17.
Acquiring an Age Certificate in New Mexico:
In New Mexico, minors can obtain age certification both through the New Mexico Department of Labor and through their school, generally by contacting a guidance counselor or school administrator.
Minor Working Hour Restrictions in New Mexico
Minors who are authorized to work in New Mexico are subject to restrictions on when they can work, and how many hours they can work. The exact restrictions in effect depend on the age of the minor, and are designed to ensure that work does not interfere with the minor's schooling.
Maximum Hours of Work for Minors
Working hour restrictions limit how many hours a minor may work per day, and per week.
For Minors Under 16:
Maximum hours/days when school is not in session: 8 hours daily / 40 hours weekly/ 6 days weekly.
Maximum hours/days when school is in session: 3 hours daily/ 18 hours weekly.
For Minors Ages 16 and 17:
New Mexico has no restrictions on maximum working hours for minors aged 16 and 17.
Nightwork Restrictions for Minors
Nightwork restrictions set limits on how late a minor can legally work.
For Minors Under 16:
Work is prohibited during these hours: 7 p.m. (9 p.m. outside of the calendar school year) to 7 a.m.
For Minors Ages 16 and 17:
New Mexico has no restrictions on nightwork for minors aged 16 and 17.
Special Child Labor Laws in New Mexico
In addition to laws requiring work certificates or age verification for general employment of minors, most states have special regulations governing the employment of minors in agriculture (such as farm work and harvesting), and the entertainment industry (including child actors, models, and performers).
To learn about these special child labor laws in New Mexico, see the following pages.
On a Federal level, child labor is regulated under the Fair Labor Standards Act (FLSA). Minors and students may additionally be subject to special labor law regulations regarding minimum wage, meal and break periods while working, and more.
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