New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 4 - WAGE AND HOUR AND EMPLOYMENT OF CHILDREN › Section 11.1.4.12 - LIMITATIONS OF CHILD PERFORMERS WORKING HOURS INCLUDING SCHOOL TIME

Current through Register Vol. 35, No. 13, July 16, 2024
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 12:00 a.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.