A. For the purposes of this section, a "performer" means a person employed to act or otherwise participate in the performing arts, including motion picture, theatrical, radio or television products.
B. A performer under eighteen years of age is considered a child subject to the Child Labor Act unless:
(1) the performer has satisfied the compulsory education laws of the state;
(2) the performer is married;
(3) the performer is a member of the armed forces; or
(4) the performer is legally emancipated.
C. A child may not begin work earlier than 5:00 a.m. and the workday must end no later than 10:00 p.m. on evenings preceding school days and 12:00 a.m. on mornings of nonschool days.
D. A child-performer's working hours, including school time, are limited as follows:
(1) a child under the age of six shall not be employed or permitted to labor for more than six hours in one day;
(2) a child over the age of six and under the age of nine shall not be employed or permitted to labor for more than eight hours in one day;
(3) a child over the age of nine and under the age of sixteen shall not be employed or permitted to labor for more than nine hours in one day; and
(4) a child over the age of sixteen and under the age of eighteen shall not be employed or permitted to labor for more than ten hours in one day.
E. If a child engages in employment on school days, a teacher with credentials appropriate to the level of education needed shall be provided by the employer.
F. The labor department shall promulgate rules for employers in the performing arts, including education and safety requirements.
History: Laws 2007, ch. 257, § 3.
Effective dates. — Laws 2007, ch. 257 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.
Structure New Mexico Statutes
Article 6 - Employment of Children
Section 50-6-1 - Children under fourteen; employment prohibited.
Section 50-6-1.1 - Short title.
Section 50-6-2 - Work permit for children fourteen to sixteen.
Section 50-6-3 - Maximum hours for children fourteen to sixteen.
Section 50-6-4 - Prohibited occupations for children under sixteen; exceptions.
Section 50-6-5 - Prohibited occupations for children under eighteen.
Section 50-6-8 - Renewal of work permits.
Section 50-6-9 - Employer's records; form of permits.
Section 50-6-13 - District court jurisdiction.
Section 50-6-14 - State child labor inspector; appointment; direction; qualifications.
Section 50-6-18 - Children working in the performing arts.
Section 50-6-19 - Children employed in the performing arts; trust account; requirements.