Child Labor Law Summaries
Nevada, Child Labor Law Summaries
Nevada's child labor law is located in the Nevada Revised Statutes Annotated at Title 53, Chapter 609. The full text of the law is available beginning at Wages-Hours ¶29-45,002 .
COVERAGE
Nevada's child labor law generally covers employers employing minors.
EXCEPTIONS
Hours of work exceptions are listed below in WHAT THE EMPLOYER MUST DO.
WHAT THE EMPLOYER MUST DO
Generally, Nevada employers may employ minors 14 and over in nonhazardous occupations, as long as certain hours restrictions are observed and the written permission of a judge of the district court of the county of the child's residence is obtained, if required.
Prohibited employment
Hazardous occupations.- No child under the age of 16 years may be employed in any capacity in, about or in connection with (Sec. 609.190(1)):
the preparation of any composition in which dangerous or poisonous acids are used.
the manufacture of paints, colors or white lead.
dipping, drying or packing matches.
the manufacture of goods for immoral purposes.
any mine, coal breaker, quarry, smelter, ore reduction works, laundry, tobacco warehouse, cigar factory or other factory where tobacco is manufactured or prepared.
any distillery, brewery or any other establishment where malt or alcoholic liquors are manufactured, packed, wrapped or bottled.
any glass furnace, smelter, the outside erection and repair of electric wires, the running or management of elevators, lifts or hoisting machines, or oiling hazardous or dangerous machinery in motion.
switch tending, gate tending, or track repairing.
No child under the age of 16 may be employed as a brakeman, fireman, engineer, motorman or conductor upon any railroad in or about establishments where nitroglycerin, dynamite, dualin, guncotton, gunpowder or other high or dangerous explosives are manufactured, compounded or stored (Sec. 609.190(2)).
No child under the age of 16 may be employed in any other employment declared by the Labor Commissioner to be dangerous to the lives or limbs, or injurious to the health or morals, of children under the age of 16 (Sec. 609.190(3)).
Employers may not employ or exhibit minors in the following places or activities (Sec. 609.210):
In begging, receiving alms, or in any mendicant occupation;
In any indecent or immoral exhibition or practice;
In any practice or exhibition dangerous or injurious to life, limb, health or morals;
As a messenger for delivering letters, telegrams, packages or bundles to any house of prostitution or assignation;
In any public dance hall within Nevada where alcoholic beverages are dispensed; or
In any area of a casino where there is gaming or where the sale of alcoholic beverages is the primary commercial activity, unless the minor is in the casino area to provide entertainment pursuant to an employment contract.
Alcoholic beverages.- Except as otherwise provided below, it is unlawful for a person to employ, allow or use a person who is less than 18 years of age to distribute promotional materials that include an offer for alcoholic beverages for a business, including, without limitation, a gaming establishment, a saloon, a resort or a restaurant (Sec. 1, A. 125, L. 2001, effective October 1, 2001).
This section does not prohibit the employment of a person who is less than 18 to distribute a publication that includes an advertisement for the sale of alcoholic beverages that is incident to the publication (Sec. 1, A. 125, L. 2001, effective October 1, 2001).
A violation of the alcoholic beverage provisions described above is a misdemeanor (Sec. 1, A. 125, L. 2001, effective October 1, 2001).
Sales.- Except as otherwise provided in this section and Sec. 609.221, a person shall not employ a child under the age of 16 years in connection with the solicitations for sale or selling of any product, good or service at any time or place or in any manner that the Labor Commissioner determines to be dangerous to the health or welfare of such a child (LCB File No. R106-03, Sec. 2).
The Labor Commissioner hereby determines that, except as otherwise provided below, the employment of a child under the age of 16 years in connection with the solicitations for sale or selling of any product, good or service at any time or in any manner is dangerous to the health or welfare of such a child if the solicitations for sale or selling takes place (LCB File No. R106-03, Sec. 2):
at the residence or place of business of the customer;
in a public place; or
from a vehicle.
A person may apply to the Labor Commissioner for authorization to employ a child under 16 in connection with the solicitation for sale or selling of any product, good or service at any time or place or in any manner that the Labor Commissioner has determined to be dangerous to the health or welfare of such a child. The Labor Commissioner may authorize such employment if the person demonstrates that under the facts and circumstances specific to him such employment is not dangerous to the health or welfare of such a child (LCB File No. R106-03, Sec. 2).
This section does not prohibit the employment of a child under 16 in connection with (LCB File No. R106-03, Sec. 2):
the solicitation for sale or selling of a product, good or service on behalf of a bona fide nonprofit organization if the child is: (a) a volunteer who receives no compensation; and (b) under the direct supervision of an adult.
the distribution of literature or advertising material related to a political campaign or election.
the delivery of newspapers to the residence or place of business of the customer.
Commercial sales.- Except as otherwise provided below, the Labor Commissioner shall adopt regulations prohibiting the employment of a child under 16 in connection with the solicitation for sale or selling of any product, good or service at any time or place or in any manner the commissioner determines to be dangerous to the health or welfare of such a child (Sec. 2, A. 74, L. 2001, effective May 29, 2001).
The Labor Commissioner shall not prohibit the employment of a child under 16 in connection with the solicitation for sale or selling of (Sec. 2, A. 74, L. 2001, effective May 29, 2001):
any product, good or service in a county whose population is less than 100,000; or
any agricultural product at a fixed location directly to consumers and not for resale. This subsection does not authorize the employment of a child in violation of a specific statute.
No child under 16 may be employed, permitted or required to work in any capacity, including, without limitation, as an independent contractor, in connection with the solicitation for sale or selling of any product, good or service at any time or place or in any manner prohibited by the Labor Commissioner as described just above (Sec. 2, A. 74, L. 2001, effective May 29, 2001).
A person who knowingly employs, permits or requires a child to work in violation of the provisions described just above is liable, in addition to any other penalty or remedy that may be provided by law, for a civil penalty of not more than $2,500 for each such violation, which may be recovered in a civil action brought by the Labor Commissioner (Sec. 3, A. 74, L. 2001, effective May 29, 2001).
Hours of work
No child under the age of 16 may be employed at any gainful occupation, other than domestic service, employment as a performer in the production of a motion picture or work on a farm, more than 48 hours in any one week, or more than eight hours in any one day (Sec. 609.240(1)).
School hours.- Except for employment as a performer in a motion picture, it is unlawful for any person to employ any child under 14 years of age in any business or service during the hours in which the public schools are in session, unless the child has been excused from attendance by the school district or by order of the juvenile division or family division of the district court for the purpose of employment (Sec. 609.250).
Messengers.- In incorporated cities and towns, no person under the age of 18 years may be employed or permitted to work as a messenger for a telegraph or messenger company in the distribution, transmission or delivery of goods or messages before 5:00 a.m. or after 10:00 p.m. of any day (Sec. 609.230).
Employment requiring special written consent of judge
Employers may not employ children under 14 at any labor whatever, in or in connection with any store, shop, factory, mine or any inside employment not connected with farmwork, housework or employment as a performer in a motion picture, without the written permission for the employment signed by a judge of the district court of the county of the child's residence, or signed by a juvenile master, referee or probation officer authorized to sign such a permit by a judge of the district court of the county of the child's residence (Sec. 609.245).
Entertainment industry-tutoring
Except as otherwise provided below, if a child is exempt from compulsory attendance pursuant to Sec. 392.070 (child receiving equivalent, approved instruction), 392.100 (child 14 or older who must support self or parent) or 392.110 (child between 14 and 17 who has completed eighth grade), and the child is employed to work in the entertainment industry pursuant to a written contract for a period of more than 91 school days, including, without limitation, employment with a motion picture company or employment with a production company hired by a casino or resort hotel, the entity that employs the child must, upon the request of the parent or legal guardian of the child, pay the costs for the child to receive at least three hours of tutoring per day for at least five days per week. In lieu of tutoring, the parent or legal guardian may agree with the employing entity that it will pay the costs for the child to receive other educational or instructional services equivalent to tutoring. These provisions apply during the period of the child's employment with an entity, regardless of whether the child has obtained the appropriate exemption from compulsory attendance at the time his or her contract with the entity is under negotiation (Sec. 1, S. 236, L. 2001, effective July 1, 2001).
If such a child is exempt from compulsory attendance pursuant to Sec. 392.100 or 392.110, the tutoring or other educational or instructional services received by the child as described above must be approved by the board of trustees of the school district in which the child resides (Sec. 1, S. 236, L. 2001, effective July 1, 2001).
DEADLINES
When the superintendent of public instruction or other authorized inspector or school attendance officer makes demand on an employer who employs a child apparently under the age of 14 years during the hours in which public schools are in session, the employer has 10 days to produce satisfactory evidence that the child is in fact over 14 or is permitted to work at such times by the school district or court order (Sec. 609.260).
ENFORCEMENT
The superintendent of public instruction or other authorized inspector or school attendance officer may make demand on an employer in or about whose place or establishment a child apparently under the age of 14 years is employed during the hours in which public schools are in session. The employer must either furnish the person within 10 days satisfactory evidence that the child is in fact over 14 or is permitted to work at such times by the school district or court order, or the employer must cease to employ the child (Sec. 609.260).
WHO TO CONTACT
Contact the Office of the Labor Commissioner, 675 Fairview Dr., Suite 226, Carson City, NV 89701. Telephone: (775) 687-4850. Fax: (775) 687-6409.
PENALTIES
See also WHAT THE EMPLOYER MUST DO, above.
Criminal penalties.- Except as otherwise provided in Nevada's child labor law, any person who employs any child in violation of the law is guilty of a misdemeanor (Sec. 609.270, as amended by A. 143, L. 2003, effective May 21, 2003).
In addition to any other remedy or penalty, if any person commits a violation described in Sec. 609.270 above, the Labor Commissioner may impose against the person an administrative penalty of not more than $2,500 for each such violation (Sec. 609.281, as amended by A. 143, L. 2003, effective May 21, 2003).
Employers who employ or exhibit minors in the following places or activities are guilty of a misdemeanor (Sec. 609.210):
In begging, receiving alms, or in any mendicant occupation;
In any indecent or immoral exhibition or practice;
In any practice or exhibition dangerous or injurious to life, limb, health or morals;
As a messenger for delivering letters, telegrams, packages or bundles to any house of prostitution or assignation;
In any public dance hall within Nevada where alcoholic beverages are dispensed; or
In any area of a casino where there is gaming or where the sale of alcoholic beverages is the primary commercial activity, unless the minor is in the casino area to provide entertainment pursuant to an employment contract.
Every person who employs a child under the age of 14 at any labor whatever, in or in connection with any store, shop, factory, mine or any inside employment not connected with farmwork, housework or employment as a performer in a motion picture, without the written permission for the employment signed by a judge of the district court of the county of the child's residence, or signed by a juvenile master, referee or probation officer authorized to sign such a permit by a judge of the district court of the county of the child's residence, is guilty of a misdemeanor (Sec. 609.245).
Civil penalties.- Whoever continues to employ any child in violation of the provisions discussed in Enforcement, above, after being notified of the violation by a school attendance officer or other authorized officer, will for every day thereafter that the employment continues be punished by a fine of not less than $5 nor more than $20 (Sec. 609.260).
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