The minimum age for general employment in New Mexico is 14 years old, which allows young people to gain valuable work experience while balancing their education. Employment for this age group is strictly regulated by laws controlling the types of jobs, the number of hours worked, and the required documentation. Navigating these rules is important for both the young worker and the employer to ensure compliance with state protections for minors.
The Legal Framework for 14-Year-Old Workers
Employment for minors in New Mexico is governed by two primary sets of regulations: the federal Fair Labor Standards Act (FLSA) and the New Mexico Child Labor Act. These laws establish protections concerning wages, hours, and working conditions for young employees.
When federal and state child labor laws overlap or differ, the employer must adhere to the standard that offers the minor the most protection or is the most restrictive. In many cases, New Mexico’s state regulations set stricter rules, which means they must be followed over the federal guidelines. This dual legal structure ensures the minor’s well-being and educational priorities remain the focus of their employment experience.
Types of Jobs Permitted for 14-Year-Olds
Fourteen-year-olds are permitted to work in a range of non-hazardous occupations that typically involve supervised, light-duty work. The goal of these restrictions is to provide work experience without compromising the minor’s safety or development. The jobs generally fall into the service and clerical categories, avoiding the use of heavy machinery or processing work.
Retail and Service Industries
In the retail sector, young workers often handle tasks such as selling, bagging groceries, and stocking shelves. Food service jobs are also common, where 14-year-olds can work as waiters, waitresses, or bus personnel, or handle light food preparation like making sandwiches or salads. They are specifically allowed to clean kitchen equipment and remove oil or grease filters, provided the equipment and liquids do not exceed a temperature of 100 degrees Fahrenheit.
Office and Clerical Work
Work in an office setting is another suitable area for minors, involving general administrative and clerical duties. This can include filing documents, running errands on foot, or performing tasks like operating computers and photocopiers. These roles are typically performed under direct supervision and involve non-hazardous environments.
Other Specific Exemptions
Certain occupations are legally exempt from the typical child labor restrictions, permitting minors of any age to be employed. These exemptions include the delivery of newspapers, work in theatrical productions, or employment in a business owned solely by the minor’s parents. The parent-owned business exemption does not apply if the job is classified as mining, manufacturing, or otherwise hazardous.
Occupations Strictly Prohibited
State and federal law strictly prohibit 14-year-olds from being employed in any occupation deemed hazardous or inappropriate for their age. These prohibitions are in place to ensure the minor’s physical safety and prevent exposure to dangerous environments. The restriction covers various industrial settings and specific tasks, regardless of the industry.
Minors are prohibited from working in manufacturing, mining, or public messenger services. They cannot operate power-driven machinery, which includes food service equipment like meat slicers, grinders, choppers, or mixers. Furthermore, they are restricted from working in construction, warehousing, or in occupations involving exposure to radioactive substances or dangerous chemicals. Other forbidden duties include working in freezers or coolers, operating hoisting apparatus, or performing outside window washing from high places.
New Mexico Working Hour Restrictions
Regulations impose specific limits on the hours a 14-year-old can work, differentiating between school weeks and periods when school is not in session. During the school year, minors are permitted to work a maximum of three hours per day on school days, totaling no more than 18 hours in a school week. Work during this time must be scheduled between 7 a.m. and 7 p.m.
When school is not in session, the daily and weekly limits are significantly extended. Minors may work up to eight hours per day and a maximum of 40 hours per week. During the summer period, which runs from June 1 through Labor Day, the evening curfew is extended, allowing work until 9 p.m.
Required Documentation and Employment Certificates
For a 14-year-old to be legally employed in New Mexico, they must first obtain a Work Permit, also known as a Certificate of Employment. This document serves as official authorization for the minor to work in an approved occupation. The process requires the minor to first identify a prospective employer who is willing to hire them.
The permit is issued by the local school superintendent or their authorized designee, such as the principal of the school the minor attends. The application requires the minor to provide proof of age, such as a birth certificate or government-issued ID, and must include written parental consent. The employer is responsible for certifying the type of work to be performed is non-hazardous and for keeping the approved work permit on file for inspection.
Minimum Wage Requirements for Young Workers
All employees in New Mexico, including 14-year-olds, are entitled to receive the state’s full standard minimum wage. New Mexico law sets a higher minimum wage than the federal rate, and state law supersedes any federal youth sub-minimum wage provisions for the first 90 days of employment.
For minors working in occupations where they receive tips, employers must ensure the employee’s combination of base cash wage and tips meets the full state minimum wage requirement. If the employee’s tips do not bring their hourly earnings up to the standard minimum wage, the employer is legally obligated to make up the difference. Local ordinances in some cities or counties may mandate a minimum wage higher than the state rate, in which case the higher local rate applies to all employees.