reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 5 - Employment of Women (Repealed.) › Section 50-5-11 - Repealed.

History:
Laws 1931, ch. 109, § 2; 1941 Comp., § 57-411; 1953 Comp., § 59-5-11; repealed by Laws 2009, ch. 160, § 1.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 160, § 1, repealed 50-5-11 NMSA 1978, as enacted by Laws 1931, ch. 109, § 2, relating to the employment of women, effective June 19, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 5 - Employment of Women (Repealed.) › Section 50-5-12 - Repealed.

History:
Laws 1931, ch. 109, § 3; 1941 Comp., § 57-412; 1953 Comp., § 59-5-12; repealed by Laws 2009, ch. 160, § 1.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 160, § 1, repealed 50-5-12 NMSA 1978, as enacted by Laws 1931, ch. 109, § 3, relating to the employment of women, effective June 19, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 5 - Employment of Women (Repealed.) › Section 50-5-13 - Repealed.

History:
Laws 1921, ch. 180, § 3; C.S. 1929, § 80-203; 1941 Comp., § 57-405 note; 1953 Comp., § 59-5-13; repealed by Laws 2009, ch. 160, § 1.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 160, § 1, repealed 50-5-13 NMSA 1978, as enacted by Laws 1921, ch. 180, § 3, relating to the employment of women, effective June 19, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 5 - Employment of Women (Repealed.) › Section 50-5-14 - Repealed.

History:
Laws 1921, ch. 180, § 6; C.S. 1929, § 80-206; 1941 Comp., § 57-405 note; 1953 Comp., § 59-5-14; repealed by Laws 2009, ch. 160, § 1.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 160, § 1, repealed 50-5-14 NMSA 1978, as enacted by Laws 1921, ch. 180, § 6, relating to the employment of women, effective June 19, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 5 - Employment of Women (Repealed.) › Section 50-5-15 - Repealed.

History:
Laws 1921, ch. 180, § 8; C.S. 1929, § 80-208; 1941 Comp., § 57-405 note; 1953 Comp., § 59-5-15; repealed by Laws 2009, ch. 160, § 1.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 160, § 1, repealed 50-5-15 NMSA 1978, as enacted by Laws 1921, ch. 180, § 8, relating to the employment of women, effective June 19, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 5 - Employment of Women (Repealed.) › Section 50-5-16 - Repealed.

History:
Laws 1921, ch. 180, § 9; C.S. 1929, § 80-209; 1941 Comp., § 57-405 note; 1953 Comp., § 59-5-16; repealed by Laws 2009, ch. 160, § 1.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 160, § 1, repealed 50-5-16 NMSA 1978, as enacted by Laws 1921, ch. 180, § 9, relating to the employment of women, effective June 19, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 5 - Employment of Women (Repealed.) › Section 50-5-17 - Repealed.

History:
Laws 1921, ch. 180, § 10; C.S. 1929, § 80-210; 1941 Comp., § 57-405 note; 1953 Comp., § 59-5-17; repealed by Laws 2009, ch. 160, § 1.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 160, § 1, repealed 50-5-17 NMSA 1978, as enacted by Laws 1921, ch. 180, § 10, relating to the employment of women, effective June 19, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 6 - Employment of Children › Section 50-6-1 - Children under fourteen; employment prohibited.

No child under fourteen years of age shall be employed or permitted to labor at any gainful occupation unless otherwise provided for in the Child Labor Act [Chapter 50, Article 6 NMSA 1978].
History:
Laws 1925, ch. 79, § 1; C.S. 1929, § 80-106; 1941 Comp., § 57-501; 1953 Comp., § 59-6-1; Laws 1973, ch. 115, § 1; 2007, ch. 257, § 4.
ANNOTATIONS
Cross references.
— For children over age twelve permitted to sell or deliver newspapers,
see
50-6-16 NMSA 1978.
For constitutional provision regarding child labor,
see
N.M. Const., art. XX, § 10.
The 2007 amendment,
effective June 15, 2007, provides that the Child Labor Act controls the employment of children under the age of fourteen years.
When employment permitted.
— During hours of the day when school is not in session a child under age 14 may be employed if a permit is given therefor pursuant to Section 50-6-7 NMSA 1978, but he may not be employed under any conditions during hours when school is in session. 1944 Op. Att'y Gen. No. 44-4479 (rendered under prior law).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 48A Am. Jur. 2d Labor and Labor Relations § 3808 et seq.
Constitutionality of Child Labor Law, 12 A.L.R. 1216, 21 A.L.R. 1437.
Construction and application of Child Labor Law as regards exhibitions or entertainments by children, 72 A.L.R. 141.
What is manufacturing establishment within meaning of child labor laws, 96 A.L.R. 1353.
Constitutionality of statute or ordinance relating to child labor in streets, 152 A.L.R. 579.
Inclusion or exclusion of day of birth in computing one's age, 5 A.L.R.2d 1143.
Nonprofit charitable institutions as within operation of labor statutes, 26 A.L.R.2d 1020.
Liability insurer's duty to defend action as affected by illegal employment of children, 50 A.L.R.2d 487.
Master's liability to servant injured by farm machinery, 67 A.L.R.2d 1120.
Workers' compensation statute as barring illegally employed minor's tort action, 77 A.L.R.4th 844.
43 C.J.S. Infants § 99.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 6 - Employment of Children › Section 50-6-1.1 - Short title.

Chapter 50, Article 6 NMSA 1978 may be cited as the "Child Labor Act".
History:
Laws 2007, ch. 257, § 1.
ANNOTATIONS
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.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 6 - Employment of Children › Section 50-6-2 - Work permit for children fourteen to sixteen.

A child over the age of fourteen years and under the age of sixteen years shall not be employed or permitted to labor at any gainful occupation without procuring and filing a work permit unless otherwise provided for in the Child Labor Act.
History:
Laws 1925, ch. 79, § 2; C.S. 1929, § 80-107; 1941 Comp., § 57-502; 1953 Comp., § 59-6-2; Laws 1973, ch. 115, § 2; 2007, ch. 257, § 5.
ANNOTATIONS
Cross references.
— For the issuance of work permits,
see
50-6-7 NMSA 1978.
The 2007 amendment,
effective June 15, 2007, provided that children between fourteen and sixteen years of age cannot be employed without a permit.
The Workers' Compensation Act covers adults and minors
of the age of sixteen and over.
Benson v. Export Equip. Corp.
, 1945-NMSC-044, 49 N.M. 356, 164 P.2d 380.
Exclusive remedy provided by Workers' Compensation Act.
— The Workers' Compensation Act (Section 52-1-1 NMSA 1978 et seq.) provides an exclusive remedy so that no right of action for injuries exists under the common law where a minor who was legally employed before reaching sixteen years of age was injured after reaching that age when provisions of the Workers' Compensation Act were applicable to him.
Benson v. Export Equip. Corp.
, 1945-NMSC-044, 49 N.M. 356, 164 P.2d 380;
Boyd v. Permian Servicing Co., Inc.
, 1992-NMSC-013, 113 N.M. 321, 825 P.2d 611.
Workers' Compensation Act does not apply when minor illegally employed.
— The Workers' Compensation Act (Section 52-1-1 NMSA 1978 et seq.) contains no specific language bringing illegally employed minors within its terms, and so an illegally employed minor may pursue a common-law action against his employer for injuries sustained during such employment.
Maynerich v. Little Bear Enters., Inc.
, 1971-NMCA-079, 82 N.M. 650, 485 P.2d 984.
Employment contract of a illegally employed minor
is at least voidable, giving that minor employee the right to pursue a common-law action against the employer if the minor is injured in the employment.
Howie v. Stevens
, 1984-NMCA-052, 102 N.M. 300, 694 P.2d 1365, cert. quashed, 102 N.M 293, 694 P.2d 1358 (1985).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 43 C.J.S. Infants § 99.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 6 - Employment of Children › Section 50-6-3 - Maximum hours for children fourteen to sixteen.

A. Children over the age of fourteen and under the age of sixteen years shall not be employed or permitted to labor at any gainful occupation for more than forty hours in any one week nor more than eight hours in any one day when school is not in session unless otherwise provided for in the Child Labor Act.
B. Children over the age of fourteen or under the age of sixteen shall not be employed unless otherwise provided for in the Child Labor Act:
(1) before 7:00 a.m. or after 7:00 p.m. during the calendar school year;
(2) before 7:00 a.m. or after 9:00 p.m. outside of the calendar school year;
(3) during school hours, except as provided for in work experience and career exploration programs;
(4) more than three hours per day during school days; or
(5) more than eighteen hours per week during school weeks.
History:
Laws 1925, ch. 79, § 3; C.S. 1929, § 80-108; 1941 Comp., § 57-503; 1953 Comp., § 59-6-3; Laws 1973, ch. 115, § 3; 2007, ch. 257, § 6.
ANNOTATIONS
Cross references.
— For children over age twelve permitted to sell or deliver newspapers,
see
50-6-16 NMSA 1978.
The 2007 amendment,
effective June 15, 2007, provided that children between fourteen and sixteen may not be employed for more than forty hours per week or eight hours in a day when school is not in session and added Subsection B.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Constitutionality of statute limiting hours of labor of children in private industry, 90 A.L.R. 815.
43 C.J.S. Infants § 99; 51B C.J.S. Labor Relations §§ 1021, 1043.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 6 - Employment of Children › Section 50-6-5 - Prohibited occupations for children under eighteen.

No child under the age of eighteen years shall be employed or permitted to labor in any mine or quarry underground or at or about any place where explosives are used. However, children under the age of eighteen years but not under the age of fourteen years may be employed to separate mica if blasting is done during periods when there is nobody working, and the mica is subsequently removed from the blasting area to another site for operation.
History:
Laws 1925, ch. 79, § 6; C.S. 1929, § 80-111; 1941 Comp., § 57-506; 1953 Comp., § 59-6-6; Laws 1973, ch. 115, § 5.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
43 C.J.S. Infants § 99.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 6 - Employment of Children › Section 50-6-6 - Repealed.

History:
Laws 1925, ch. 79, § 7; C.S. 1929, § 80-112; 1941 Comp., § 57-507; Laws 1943, ch. 112, § 2; 1953 Comp., § 59-6-7; Laws 1973, ch. 115, § 6; repealed by Laws 2007, ch. 257, § 16.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 257, § 16 repealed 50-6-6 NMSA 1978, as enacted by Laws 1925, ch. 79, § 7, relating to messengers under 16 years of age, effective June 15, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 6 - Employment of Children › Section 50-6-7 - Work permit; issuance; authorized officials; application; contents; proof; copies; maximum term.

A. 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 of the labor department or the director's designee.
B. A work permit shall not be issued to a child until satisfactory proof has been furnished that the work in which the child is to engage is not dangerous to the child or injurious to the child's health or morals.
C. The application for the work permit shall show that the work to be performed would not result in injury to the health, morals or mental development of the child. Satisfactory proof of the age of the child at the date of the application shall be furnished. Any application for the employment of children at any gainful occupation during the session hours of the school of the district in which the child resides shall set forth, in addition to the foregoing, the necessity to the family or the dependents of the child or for the child's own support of the income to be derived from the employment or labor.
D. Whenever the person authorized to issue the work permit is satisfied that the provisions of this section have been complied with, the person shall issue to the child a work permit, keeping one copy on file and sending one copy of the permit to the labor and industrial division of the labor department.
E. No work permit shall be in force without renewal for a longer period than one year from the date of issuance.
History:
Laws 1925, ch. 79, § 8; C.S. 1929, § 80-113; 1941 Comp., § 57-508; Laws 1943, ch. 112, § 3; 1953 Comp., § 59-6-8; Laws 1963, ch. 175, § 1; 1973, ch. 115, § 7; 1989, ch. 49, § 2; 2007, ch. 257, § 8.
ANNOTATIONS
The 2007 amendment,
effective June 15, 2007, changed "permit certificate" to "work permit".
The 1989 amendment,
effective June 16, 1989, in Subsection A substituted the comma following "principals" for "or" and added all of the language following "officers".
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 6 - Employment of Children › Section 50-6-8 - Renewal of work permits.

The officer authorized to issue work permits may renew a work permit at the expiration date thereof for a period not exceeding one year upon a satisfactory showing upon the part of the child, the child's parent, guardian or custodian that the provisions of the Child Labor Act are being complied with and that the child is in good health. The extension of time shall be made by the officer writing upon the certificate the following words: "this work permit is extended for a period of ...... days from this date" and by the officer signing the certificate.
History:
Laws 1925, ch. 79, § 9; C.S. 1929, § 80-114; 1941 Comp., § 57-509; 1953 Comp., § 59-6-9; Laws 1973, ch. 115, § 8; 2007, ch. 257, § 9.
ANNOTATIONS
The 2007 amendment,
effective June 15, 2007, changed "labor permit" to "work permit".
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 6 - Employment of Children › Section 50-6-9 - Employer's records; form of permits.

Whenever any child is employed or permitted to labor at any gainful occupation permitted by the laws of this state, the employer of the child shall preserve on file the work permit of the child and shall keep posted in a conspicuous place about the premises where the child is employed a list of all children there at work by virtue of work permits. The form for all work permits shall be prepared by and shall contain such information concerning the identity of the child as may be prescribed by the labor and industrial division of the labor department.
History:
Laws 1925, ch. 79, § 10; C.S. 1929, § 80-115; 1941 Comp., § 57-510; 1953 Comp., § 59-6-10; Laws 1973, ch. 115, § 9; 2007, ch. 257, § 10.
ANNOTATIONS
The 2007 amendment,
effective June 15, 2007, changed "labor permit" to "work permit".
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 6 - Employment of Children › Section 50-6-10 - Inspection of work permits, records and premises by the labor and industrial division of the labor department.

All work permits and records and the premises where children are employed are subject to inspection by representatives of the labor and industrial division of the labor department. The director of the division may, for cause, cancel a work permit with the concurrence of the officer issuing the permit but, in case they disagree, the district court may cancel the permit on complaint setting forth the grounds therefor under the provisions of the Child Labor Act.
History:
Laws 1925, ch. 79, § 11; C.S. 1929, § 80-116; 1941 Comp., § 57-511; 1953 Comp., § 59-6-11; Laws 1963, ch. 175, § 2; 1973, ch. 115, § 10; 2007, ch. 257, § 11.
ANNOTATIONS
The 2007 amendment,
effective June 15, 2007, changed "labor permit" to "work permit".
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 6 - Employment of Children › Section 50-6-11 - [Habitual presence of child under sixteen at a place of work during school hours; prima facie evidence of employment.]

The frequent presence of any child under sixteen years of age, during school hours, at any place where workers are at work more or less habitually shall be prima facie evidence that such child is unlawfully engaged in labor, if no permit is exhibited.
History:
Laws 1925, ch. 79, § 12; C.S. 1929, § 80-117; 1941 Comp., § 57-512; 1953 Comp., § 59-6-12.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
16 C.J.S. Constitutional Law § 124 et seq.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 6 - Employment of Children › Section 50-6-12 - Penalties.

A. A person who employs a child, or who is the parent, guardian or custodian of a child, and who permits that child to be employed in violation of any of the provisions of the Child Labor Act is guilty of a petty misdemeanor. Each violation of the Child Labor Act constitutes a separate offense. A second or subsequent conviction of an employer, parent, guardian or custodian for violation of the Child Labor Act is a misdemeanor.
B. The director of the labor and industrial division of the labor department may report a violation of the Child Labor Act to the local district attorney, who may prosecute the alleged violator.
History:
Laws 1925, ch. 79, § 13; C.S. 1929, § 80-118; 1941 Comp., § 57-513; 1953 Comp., § 59-6-13; Laws 1973, ch. 115, § 11; 2007, ch. 257, § 12.
ANNOTATIONS
The 2007 amendment,
effective June 15, 2007, provided that a person who employs a child or a parent, guardian or custodian who permits a child to be employed in violation of the Child Labor Act is guilty of a petty misdemeanor; that each violation is a separate offense; and that a second or subsequent conviction is a misdemeanor; and added Subparagraph B.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 43 C.J.S. Infants § 100.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 6 - Employment of Children › Section 50-6-13 - District court jurisdiction.

The district courts are hereby given original jurisdiction in all cases of violations of the provisions of the Child Labor Act.
History:
Laws 1925, ch. 79, § 14; C.S. 1929, § 80-119; 1941 Comp., § 57-514; 1953 Comp., § 59-6-14; 2007, ch. 257, § 13.
ANNOTATIONS
The 2007 amendment,
effective June 15, 2007, changed the reference to the act.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 6 - Employment of Children › Section 50-6-14 - State child labor inspector; appointment; direction; qualifications.

There shall be a "state child labor inspector", appointed by and subject to the director of the labor and industrial division of the labor department. The inspector must be qualified by special training and experience for this work and must pass a satisfactory examination given by the director of the labor and industrial division of the labor department.
History:
Laws 1925, ch. 79, § 15; C.S. 1929, § 80-120; 1941 Comp., § 57-515; 1953 Comp., § 59-6-15; Laws 1963, ch. 175, § 3; 2007, ch. 257, § 14.
ANNOTATIONS
Compiler's notes.
— Laws 1987, ch. 342, § 33 provided that all references in law to the "labor commissioner" shall be construed as references to the "director of the labor and industrial division of the department of labor".
Laws 2007, ch. 200 repealed the labor department. Section 9-26-15 NMSA 1978 provides that all statutory references to the "labor department or any divisions of the labor department shall be deemed to be references to the workforce solutions department".
The 2007 amendment,
effective June 15, 2007, provided that the inspector shall be appointed by the director of the labor and industrial division and must be qualified by special training and experience for the work and pass an examination given by the director.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 6 - Employment of Children › Section 50-6-15 - Repealed.

History:
1953 Comp., § 59-6-15.1, enacted by Laws 1963, ch. 175, § 4; repealed by Laws 2007, ch. 257, § 16.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 200, § 24 and Laws 2007, ch. 257, § 16 repealed 50-6-15 NMSA 1978, as enacted by Laws 1963, ch. 175, § 4, relating to the transfer of records of the former deputy of public welfare, effective June 15, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 6 - Employment of Children › Section 50-6-16 - Repealed.

History:
1953 Comp., § 59-6-16, enacted by Laws 1959, ch. 298, § 1; repealed by Laws 2007, ch. 200, § 24 and Laws 2007, ch. 257, § 16.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 257, § 16 repealed 50-6-16 NMSA 1978, as enacted by Laws 1959, ch. 298, § 1, relating to the sale of newspapers by children over the age of twelve, effective June 15, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 6 - Employment of Children › Section 50-6-17 - Exceptions.

A. A child under the age of sixteen may be employed without obtaining a work permit and without the restrictions on the age of the child or time of employment imposed by Sections 50-6-1 through 50-6-3 NMSA 1978 if the child is employed:
(1) by a parent in an occupation other than manufacturing or mining or other than an occupation found to be particularly hazardous or detrimental to the health of children under the age of sixteen;
(2) as an actor or performer in motion picture, theatrical, radio or television productions; or
(3) to sell or deliver newspapers, with the parent's consent, during the school term or during vacation and the child is attending school as required by law and does not engage in such employment except at times when the child's presence is not required at school.
B. The employer of a child employed pursuant to Subsection A of this section is not required to obtain and preserve a work permit in accordance with Section 50-6-9 NMSA 1978 for that child.
History:
Laws 2007, ch. 257, § 2.
ANNOTATIONS
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.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 6 - Employment of Children › Section 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 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.
ANNOTATIONS
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.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 6 - Employment of Children › Section 50-6-19 - Children employed in the performing arts; trust account; requirements.

A. Whenever a child is employed in the performing arts, the child's parent, guardian or trustee shall establish a trust account in the child's state of residence for the benefit of the child within seven business days after the child's employment contract is signed, and the employer shall deposit fifteen percent of the child's gross earnings directly into the child's trust account.
B. The money placed in trust shall not be accessed until the child is eighteen years of age or becomes legally emancipated, unless otherwise ordered by the district court.
C. The parent, guardian or trustee shall provide the child's employer with a trustee statement within fifteen days after the start of employment. Upon the presentation of the trustee statement, the employer shall provide the parent, guardian or trustee with a written acknowledgment of receipt of the statement.
D. If the parent, guardian or trustee fails to provide the child's employer with a trustee statement within ninety days after the start of employment, the child's employer shall refer the matter to the district court and a trustee shall be appointed for the child.
E. The child's employer shall deposit fifteen percent of the child's gross earnings into the child's trust account within fifteen business days of services rendered. If the account is not established, the child's employer shall withhold fifteen percent until a trust account is established for the child's benefit.
F. Once the child's employer deposits fifteen percent of the child's gross earnings in trust, the child's employer shall have no further obligation or duty to monitor the funds.
G. The trustee shall be the only individual with an obligation to monitor and account for the funds, in compliance with state law.
H. The district court shall have continuing jurisdiction over the trust and may at any time, upon petition of the parent, guardian, trustee or child, order that the trust be terminated or amended for good cause. An order amending or terminating the trust shall be made only after reasonable notice and the opportunity for all parties to appear and be heard have been given.
I. This section applies only to contracts in an amount equal to or greater than one thousand dollars ($1,000) in gross earnings.
J. For the purposes of this section, "gross earnings" means the total compensation payable to the child under the contract or, if the child's services are being rendered through a third party, the compensation payable to that third party for the services of the child.
History:
Laws 2007, ch. 257, § 15.
ANNOTATIONS
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.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 7 - Apprenticeship › Section 50-7-1 - Declaration of policy.

It is declared to be the policy of this act [50-7-1 to 50-7-4, 50-7-7 NMSA 1978]: to encourage the development of an apprenticeship system through the voluntary cooperation of management and labor and interested state agencies, and in cooperation with other states and the federal government; to provide for the establishment and furtherance of standards of apprenticeship to safeguard the welfare of apprentices; and to aid in the maintenance of an adequate skilled labor force.
History:
1953 Comp., § 59-7-13, enacted by Laws 1957, ch. 219, § 1.
ANNOTATIONS
Cross references.
— For apprenticeship council,
see
50-7-3 NMSA 1978.
Generally.
— If a contractor voluntarily abides and complies with the provisions of this act or is a party to a valid apprenticeship contract the apprentice is entitled to the minimum wages for apprentices on public works, as provided by Section 13-4-11 NMSA 1978. 1955 Op. Att'y Gen. No. 55-6244.
In cases where a person is employed under theory of apprenticeship either under this statute or otherwise, and the employer does not comply with the indenture, educational training and other features of the apprenticeship law, then he is in violation thereof and the employee so misclassified has the right to demand the predetermined wages of Section 13-4-11 NMSA 1978 as a journeyman in that trade. 1955 Op. Att'y Gen. No. 55-6244.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
27 Am. Jur. 2d Employment Relationship §§ 50, 51.
6 C.J.S. Apprentices §§ 1 to 11.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 7 - Apprenticeship › Section 50-7-2 - Definitions.

As used in this act [50-7-1 to 50-7-4, 50-7-7 NMSA 1978]: "apprentice" means a person at least sixteen years old who is covered by a written agreement with an employer, or with an association of employers or employees acting as agent for an employer, and approved by the state apprenticeship council, which apprentice agreement provides for not less than two thousand hours required for any given trade by reasonably continuous employment for such person, for his participation in an approved schedule of work experience through employment and for at least one hundred forty-four hours per year of related supplemental instruction.
History:
1953 Comp., § 59-7-14, enacted by Laws 1957, ch. 219, § 2; 1978, ch. 134, § 1.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 7 - Apprenticeship › Section 50-7-4 - Duties of the council.

The council shall formulate standards to safeguard the welfare of apprentices, giving consideration to standards advocated by the bureau of apprenticeship of the United States department of labor, and shall formulate such additional policies as may be necessary to carry out the intent and purposes of the act [50-7-1 to 50-7-4, 50-7-7 NMSA 1978]. The council shall prescribe its own rules of procedure.
History:
1953 Comp., § 59-7-16, enacted by Laws 1957, ch. 219, § 4.
ANNOTATIONS
Functions of apprenticeship council.
— The primary function of the apprenticeship council is to encourage the development and operation of apprenticeship programs which meet acceptable standards as to quality and content. Council may enter into contracts with the U.S. department of labor under which it would undertake to promote on-the-job training programs in the development and establishment of such training programs, and in providing advisory and technical assistance to businesses which undertake to establish on-the-job training programs and other programs of that nature. 1966 Op. Att'y Gen. No. 66-140.
No authority to operate programs.
— This agency only has powers to establish standards and policies concerning the carrying on and encouraging of apprenticeship programs. The council under this statute does not have authority to actually engage in the operation of an apprenticeship program. To the extent that the apprenticeship council intends to enter into contracts with the U.S. department of labor under which it would agree to operate an on-the-job training project itself, such contracts would not be proper. 1966 Op. Att'y Gen. No. 66-140.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
6 C.J.S. Apprentices § 11.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 7 - Apprenticeship › Section 50-7-4.1 - Administration.

A. The secretary of workforce solutions shall appoint a director of apprenticeship to be responsible for effectuating the policies set forth in Section 50-7-1 NMSA 1978, to carry out the policies approved by the apprenticeship council and otherwise to execute the provisions of Chapter 50, Article 7 NMSA 1978. Such appointment shall be subject to confirmation by a majority vote of the council. The secretary of workforce solutions shall appoint such additional personnel as may be necessary, subject to such laws and practices as are applicable to appointment, service and compensation of employees of the state.
B. Under the general direction of the secretary of workforce solutions, the director of apprenticeship in furtherance of the duties specified shall:
(1) encourage the voluntary participation of employers and employees in the furtherance of the objectives of Chapter 50, Article 7 NMSA 1978;
(2) devise necessary procedures and records;
(3) prepare statistical reports regarding apprenticeship;
(4) issue information related to apprenticeship; and
(5) perform such other duties as are necessary to carry out the intent of Chapter 50, Article 7 NMSA 1978.
History:
1978 Comp., § 50-7-4.1, enacted by Laws 1979, ch. 204, § 12; 2023, ch. 80, § 2.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2023, updated personnel references in the section; substituted each occurrence of "commissioner of labor" with "secretary of workforce solutions"; redesignated former Subsections A through E as Paragraphs B(1) through B(5), respectively; and in Subsection B, after "director", added "of apprenticeship".
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 7 - Apprenticeship › Section 50-7-6 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1979, ch. 204, § 15, repealed 50-7-5 and 50-7-6 NMSA 1978, relating to the exclusion of the apprenticeship council from the authority of the commissioner of labor and to the administration of the apprenticeship program. For present provisions,
see
50-7-4.1 NMSA 1978.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 7 - Apprenticeship › Section 50-7-7 - Limitation.

A. This act [50-7-1 to 50-7-4, 50-7-7 NMSA 1978] does not apply to employers who, with their employees, are subject to the Railway Labor Act of congress or any act amendatory thereof.
B. The provisions of this act shall apply only to such persons, firms, political subdivisions, corporations, employer associations or organizations of employees as voluntarily elect to conform with its provisions, so long as they shall wish it to apply.
C. Notwithstanding any provision of this act the administration and supervision of related and supplemental instruction for apprentices, coordination of instruction with job experiences and the selection and training of teachers for such instruction is the responsibility of state or local boards responsible for vocational education, unless otherwise approved by the state council.
History:
1953 Comp., § 59-7-18, enacted by Laws 1957, ch. 219, § 6.
ANNOTATIONS
Cross references.
— For the federal Railway Labor Act,
see
15 U.S.C. §§ 21, 45; 18 U.S.C. § 373; 28 U.S.C. §§ 1291 to 1294 and 45 U.S.C. §§ 151 to 163, 181 to 188.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 8 - National Employment System › Section 50-8-1 - [Acceptance of federal act.]

The state of New Mexico hereby accepts the provisions of the act of congress approved June 6, 1933, entitled:
"An act to provide for the establishment of a national employment system and for cooperation with the states in the promotion of such system, and for other purposes."
History:
Laws 1934 (S.S.), ch. 15, § 1; 1941 Comp., § 57-601; 1953 Comp., § 59-8-1.
ANNOTATIONS
Cross references.
— For the federal act referred to in this section,
see
29 U.S.C. §§ 49 to 49c and 49d to 49k.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 8 - National Employment System › Section 50-8-2 - Agency of state for purpose of federal act.

The employment security department is hereby designated and constituted the agency of the state of New Mexico for the purpose of such act, with full power to establish such public employment offices throughout the state of New Mexico as it may deem necessary to fully carry out the purposes, to employ such agents, clerks and employees as are necessary therefor, with full power to cooperate with all authorities of the United States having powers or duties under said act of congress and to do and perform all things necessary to secure to this state the benefits of said act in the promotion and maintenance of a system of public employment offices. All funds made available to this state under said act of congress shall, upon receipt thereof, be paid into the general fund of the state treasury and are hereby appropriated therefrom to be expended by the department as provided by the act of congress and by this act [50-8-1, 50-8-2 NMSA 1978].
History:
Laws 1934 (S.S.), ch. 15, § 2; 1941 Comp., § 57-602; 1953 Comp., § 59-8-2; Laws 1977, ch. 252, § 31; 1979, ch. 280, § 10.
ANNOTATIONS
Cross references.
— For the federal act referred to in this section,
see
29 U.S.C. §§ 49 to 49c and 49d to 49k.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 9 - Occupational Health and Safety › Section 50-9-1 - Short title.

Sections 50-9-1 through 50-9-25 NMSA 1978 may be cited as the "Occupational Health and Safety Act".
History:
1953 Comp., § 59-14-1, enacted by Laws 1972, ch. 63, § 1; 1975, ch. 290, § 1; 1993, ch. 322, § 1.
ANNOTATIONS
Cross references.
— For Occupational Disease Disablement Law,
see
52-3-1 NMSA 1978 et seq.
The 1993 amendment,
effective April 8, 1993, substituted "50-9-1 through 50-9-25 NMSA 1978" for "59-14-1 through 59-14-24 NMSA 1953".
Am. Jur. 2d, A.L.R. and C.J.S. references. —
61 Am. Jur. 2d Plant and Job Safety - OSHA and State Laws § 131 et seq.
Violation of OSHA regulation as affecting tort liability, 79 A.L.R.3d 962.
Liability of employer with regard to inherently dangerous work for injuries to employees of independent contractor, 34 A.L.R.4th 914.
Duty and liability of subcontractor to employee of another contractor using equipment or apparatus of former, 55 A.L.R.4th 725.
Tort liability for window washer's injury or death, 69 A.L.R.4th 207.
What constitutes "substantial evidence" within meaning of § 6(f) of the Occupational Safety and Health Act (29 U.S.C.S. § 655(f)) providing that the secretary of labor's determinations shall be conclusive if supported by substantial evidence in the record considered as a whole, 25 A.L.R. Fed. 150.
OSHA violation by employer or third party as providing cause of action for employee, 35 A.L.R. Fed. 461.
United States' tort liability for nonenforcement of OSHA, 35 A.L.R. Fed. 963.
Machinery and machine guarding OSHA general industry standards (29 CFR §§ 1910.211 - 1910.222), 38 A.L.R. Fed. 507.
Validity, construction, and application of personal protective equipment subpart of OSHA general industry standards (29 CFR §§ 1910.132 - 1910.140), 39 A.L.R. Fed. 141.
Pre-emptive effect of Occupational Safety and Health Act of 1970 (29 USCS §§ 651 - 678) and standards issued thereunder, 88 A.L.R. Fed. 833.
When has employer "repeatedly" violated Occupational Safety and Health Act within meaning of § 17(a) of Act (29 USCA § 666(a)), 151 A.L.R. Fed. 1
Who is "employer" for purposes of Occupational Safety and Health Act (29 USCA §§ 651 et seq.), 153 A.L.R. Fed. 303.
What constitutes "willful" violation for purposes of §§ 17(a) or (e) of Occupational Safety and Health Act of 1970 (29 U.S.C.A. § 666(a) or § 666(e)), 161 A.L.R. Fed. 561.
51 C.J.S. Labor Relations §§ 11, 12; 30 C.J.S. Employers' Liability § 52 et seq.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 9 - Occupational Health and Safety › Section 50-9-2 - Purpose.

It is the purpose of the Occupational Health and Safety Act [50-9-1 NMSA 1978] to assure every employee safe and healthful working conditions by providing for:
A. the establishment of occupational health and safety regulations applicable to places of employment in this state;
B. the effective enforcement of the health and safety regulations;
C. education and training programs for employers and employees in recognition of their responsibilities under the Occupational Health and Safety Act and advice and assistance to them about effective means of preventing occupational injuries and illnesses; and
D. appropriate job-related accident and illness reporting procedures that will help achieve the objectives of the Occupational Health and Safety Act.
History:
1953 Comp., § 59-14-2, enacted by Laws 1972, ch. 63, § 2; 1993, ch. 322, § 2.
ANNOTATIONS
The 1993 amendment,
effective April 8, 1993, substituted "employee" for "working man and woman" in the introductory paragraph.
The coverage of the Occupational Health and Safety Act
includes the hazard of third-party violence against employees.
N.M. Petroleum Marketers Assn. v. N.M. Envtl. Improvement Bd.
, 2007-NMCA-060, 141 N.M. 678, 160 P.3d 587.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 9 - Occupational Health and Safety › Section 50-9-2.1 - Legislative findings.

The legislature finds that:
A. the proliferation of hazardous chemicals in the environment poses a growing threat to the public health, safety and welfare; and
B. it is in the public interest to establish a comprehensive program for the disclosure of information about hazardous substances in places of employment and to provide a procedure whereby employees may gain access to this information.
History:
Laws 1987, ch. 178, § 1.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 9 - Occupational Health and Safety › Section 50-9-4 - State occupational health and safety agency.

The department is the state occupational health and safety agency for all purposes under federal legislation relating to occupational health and safety and may take all action necessary to secure to this state the benefits of that legislation.
History:
1953 Comp., § 59-14-4, enacted by Laws 1972, ch. 63, § 4; 1993, ch. 322, § 4.
ANNOTATIONS
The 1993 amendment,
effective April 8, 1993, substituted "department" for "agency".
Am. Jur. 2d, A.L.R. and C.J.S. references. —
61 Am. Jur. 2d Plant and Job Safety - OSHA and State Laws § 128 et seq.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 9 - Occupational Health and Safety › Section 50-9-5 - Employer and employee duties.

A. Every employer shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees.
B. Every employer shall furnish and maintain a place of employment that must comply with the health and safety regulations promulgated by the board. The regulations shall provide for the adoption of practices, means, methods, operations, conditions and processes in order to provide safe and healthful employment and places of employment.
C. Each employer shall, through posting of notices at the place or places where notices to employees are normally posted or other appropriate means, keep his employees informed of their protections and obligations under the Occupational Health and Safety Act, including provisions of applicable regulations.
D. Each employee shall comply with the provisions of the Occupational Health and Safety Act and any rules and orders promulgated pursuant thereto which are applicable to his own actions and conduct in the course of his employment.
History:
1953 Comp., § 59-14-5, enacted by Laws 1972, ch. 63, § 5; 1975, ch. 290, § 3.
ANNOTATIONS
Additional civil actions not allowed.
— Nowhere in the Occupational Health and Safety Act or in its legislative history can be found any indication that the legislature intended to allow additional civil actions instituted by aggrieved employees injured through violations of OSHA standards.
Arvas v. Feather's Jewelers
, 1978-NMCA-075, 92 N.M. 89, 582 P.2d 1302.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
61 Am. Jur. 2d Plant and Job Safety - OSHA and State Laws §§ 34, 131.
Employer's tort liability to worker for concealing workplace hazard or nature or extent of injury, 9 A.L.R.4th 778.
Employer's liability for injury to babysitter in home or similar premises, 29 A.L.R.4th 304.
Liability of employer with regard to inherently dangerous work for injuries to employees of independent contractor, 34 A.L.R.4th 914.
Employer's liability to employee for failure to provide work environment free from tobacco smoke, 63 A.L.R.4th 1021.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 9 - Occupational Health and Safety › Section 50-9-6 - Training; assistance; consultation; research.

A. The department shall provide for the establishment and supervision of programs for the education and training of employers and employees in the recognition, avoidance and prevention of unsafe working conditions in employment and places of employment and consult with, advise and assist employers and employees about effective means of preventing occupational injuries and illnesses.
B. Upon an employer's request, the department shall provide an on-site consultation inspection of conditions and practices of the employer's work place without issuing citations or proposing penalties for violations noted, provided that imminent danger situations found during the on-site consultative visit must be pointed out to the employer. In the event the imminent danger is pointed out by the department consultant but immediate steps are not taken by the employer to eliminate such danger, the emergency procedures provided in Section 50-9-14 NMSA 1978 shall be pursued by the department to assure timely abatement of the imminent danger situation.
C. The secretary is responsible for programs involving research in occupational health and safety, for surveys and recommendations for occupational health and safety programs and for promotional, educational and advisory activities in occupational health and safety.
D. The board or the secretary may appoint special committees composed of technicians or professionals specializing in occupational health or safety to assist in carrying out the objectives of the Occupational Health and Safety Act [50-9-1 NMSA 1978]. Members of such committees shall be reimbursed as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978].
History:
1953 Comp., § 59-14-6, enacted by Laws 1972, ch. 63, § 6; 1975, ch. 290, § 4; 1993, ch. 322, § 5.
ANNOTATIONS
The 1993 amendment,
effective April 8, 1993, substituted "department" for "agency" near the beginning of Subsection A and throughout Subsection B; made a minor stylistic change near the middle of Subsection A; substituted "50-9-14 NMSA 1978" for "59-14-13 NMSA 1953" in the second sentence of Subsection B; and substituted "secretary" for "director" near the beginning of Subsections C and D.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 9 - Occupational Health and Safety › Section 50-9-8 - Duties and powers of the department.

The department shall:
A. prevent or abate detriment to the health and safety of employees arising out of and in the course of employment;
B. develop an effective and comprehensive program for the prevention or abatement of detriment to the health and safety of employees within the state;
C. advise and recommend an effective and comprehensive program of occupational health and safety applicable to all employees of public agencies of the state and its political subdivisions;
D. cause to be instituted legal proceedings to compel compliance with the Occupational Health and Safety Act or any regulation of the board;
E. accept, receive and administer grants or other funds or gifts from public or private agencies, including the federal government;
F. take reasonable steps to inform employees of their protections and obligations under the Occupational Health and Safety Act, including the provisions of applicable regulations; and
G. make reports to the secretary of the United States department of labor in the form and containing the information as the secretary may from time to time require.
History:
1953 Comp., § 59-14-8, enacted by Laws 1972, ch. 63, § 8; 1993, ch. 322, § 7.
ANNOTATIONS
The 1993 amendment,
effective April 8, 1993, substituted "department" for "agency" in the catchline and in the introductory paragraph and made minor stylistic changes in Subsection G.