Section 50-6-18 - Children working in the performing arts. - New Mexico Statutes

50-6-18. Children working in the performing arts.

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 [50-6-1.1 NMSA 1978] 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.