Labor Law and Work Permits for New Mexico.
Do you know the child actor labor laws for your state? If you’re looking to pursue a career in entertainment for your child or if you are an entertainment industry professional looking to employ a child in your production, it is important that you know the child actor labor laws in both your home state and any state in which you intend to work.
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YES
On June 30th, 2008, the State of New Mexico enacted new rules for the employment of children under 18 in the entertainment industry. These new rules regulate the number of hours a minor may work, require the presence of certified teachers and require that employers obtain a Child Performer Pre-Authorization Certificate prior to the start of production. [NM 11.1.4.10]
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YES
Although it is the responsibility of the employer to obtain Child Performer Pre-Authorization Certificate, the application form must be signed by the parent/legal guardian of the minor and the child performer if the minor is over 14 years of age.
Click here for a Child Performer Pre-Authorization Certificate Application
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YES
Employers must obtain a Child Performer Pre-Authorization Certificate from the New Mexico Department of Workforce Solutions prior to the start of production. Permits are valid for one year.
Click here for a Child Performer Pre-Authorization Certificate Application
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YES
Children employed in New Mexico on contracts equal to or greater than $1,000 are required to hold a child performer trust account. Parents are required to set up the trust account within seven business days of contracting and must deliver a trustee’s statement to the employer within 15 days of the start of employment. Employers shall deposit not less than 15% of the child’s gross earnings directly into the child’s trust account within 15 days of the work performance. [NM 11.1.4.13]
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YES
The state of New Mexico requires the presence of certified teachers during all times reserved for school. In addition to teaching, and in conjunction with parents/guardians, teachers have the responsibility of monitoring and protecting the well being of the performers. [NM 11.1.4.11]
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NO
The state of New Mexico does not require talent agents to hold talent agency licenses, employment agency licenses or to be bonded by the state.
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NO
The state of New Mexico does not recognize graduated minors as “legal 18”.
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Linda Coronado
State Labor and Industrial Commission
1596 Pacheco St. Ste #219
Santa Fe, NM 87505
Phone (505) 841.4406