New Mexico’s child labor laws bar most work before age 14, require an employment certificate for 14- and 15-year-olds, cap their hours and shift times, and prohibit anyone under 18 from taking jobs the federal government has declared hazardous. The rules come from the state Child Labor Act and the federal Fair Labor Standards Act working in tandem. When the two set different standards, whichever one better protects the minor wins.
Minimum Age to Work
No child under 14 may hold a gainful job in New Mexico, subject to a few narrow carve-outs written into the Child Labor Act.1Justia Law. New Mexico Code 50-6-1 – Children Under Fourteen Employment Prohibited Federal law sets the same floor. The main exceptions cover children working on a family-owned farm and children employed in performing arts productions, both of which have their own rules described further down.
At 14, paid work becomes possible with restrictions. At 16, most of those restrictions ease. At 18, the federal hazardous-occupation list no longer applies and a worker is treated as an adult.
Employment Certificates and Work Permits
A 14- or 15-year-old needs an employment certificate before starting a job. Either the New Mexico Department of Workforce Solutions or the minor’s school district can issue it, and the process requires parental consent and proof of age such as a birth certificate.2U.S. Department of Labor. Employment/Age Certificate The employer keeps the certificate on file and produces it if an inspector asks.
For 16- and 17-year-olds, the certificate is available but not required. An employer may still ask for one to verify age, and many do. If a labor inspector later finds an underage worker on the payroll, the employer, not the teenager, is on the hook.
How Many Hours 14 and 15 Year Olds Can Work
For workers aged 14 and 15, New Mexico follows the federal FLSA schedule:
- Up to 3 hours on a school day
- Up to 8 hours on a non-school day
- Up to 18 hours in a school week
- Up to 40 hours in a non-school week
Shifts can only run between 7 a.m. and 7 p.m. for most of the year. From June 1 through Labor Day, the evening cutoff moves to 9 p.m.3U.S. Department of Labor. Selected State Child Labor Standards Affecting Minors Under 18 in Non-farm Employment Those calendar dates control, not the local school calendar. A 15-year-old whose district starts classes in early August still gets the 9 p.m. cutoff until Labor Day, and loses it the day after even if school hasn’t yet begun.
Hours for 16 and 17 Year Olds
New Mexico sets no state-level cap on the daily hours, weekly hours, or shift times for workers 16 and older.4New Mexico Department of Workforce Solutions. Child Labor Law Some outdated summaries mention an 8-hour-day or 44-hour-week limit for this group. The state’s own guidance says otherwise.
That said, federal hazardous-occupation rules still apply to anyone under 18, workplace safety obligations still apply to the employer, and a school can step in if a student’s job is clearly harming attendance or grades.
Jobs Minors Can’t Do
Job restrictions split at age 16, and both age tiers are governed by the federal Hazardous Occupation Orders as well as New Mexico’s Child Labor Act.
Under 16
Minors aged 14 and 15 can’t work in manufacturing, mining, or any occupation the Secretary of Labor has declared hazardous. They can’t operate power-driven machinery beyond ordinary office equipment, and they can’t work in processing plants.5U.S. Department of Labor. Fair Labor Standards Act Advisor – Prohibited Occupations for Non-Agricultural Employees Jobs that do open up at this age include retail cashiering, food service with equipment limits, office work, and bagging groceries.
Even in permitted industries, individual tasks stay off-limits. A 15-year-old working at a restaurant can’t run a commercial meat slicer, a dough mixer, or a deep fryer.6eCFR. 29 CFR Part 570 – Child Labor Regulations, Orders and Statements of Interpretation
Ages 16 and 17
A 16- or 17-year-old can hold any job that hasn’t been declared hazardous. The jobs that remain closed include:
- Demolition and wrecking work
- Roofing, including ground-level tasks tied to a roofing operation
- Most excavation and any trench deeper than four feet
- Work involving exposure to radioactive substances
- Meat packing and processing, including power-driven slicing equipment
- Logging and sawmill operations
All of these restrictions lift at 18.7U.S. Department of Labor. Non-Agricultural Jobs – 16-17
Training and Supervision
Employers who hire minors have to train them on hazards and safe practices in a language the teenager understands. OSHA also expects active supervision, not a handed-over task list.8Occupational Safety and Health Administration. Young Workers – Parents and Educators Can Keep Young Workers Safe Parents can spot problems by asking what tasks their teenager actually did that shift and what training came first.
Entertainment and Farm Work
Two categories of work fall outside the standard rules, so families in these situations shouldn’t assume the general limits apply.
For performing arts, including television, film, and theater, Section 50-6-19 of the state statutes allows minors under 14 to be employed under a special permit. The employer has to show the work won’t interfere with the child’s schooling, arrange tutoring during production, provide required breaks, obtain parental consent, and put a portion of the child’s earnings in a trust account.1Justia Law. New Mexico Code 50-6-1 – Children Under Fourteen Employment Prohibited
For agriculture, the rules are looser, especially on family-owned farms. A child working on a farm their parents own or operate can do tasks that would be prohibited in other industries. Off the family farm, hazardous agricultural tasks such as operating heavy machinery or handling certain pesticides are still off-limits for minors under 16. The FLSA’s agricultural provisions govern here, not the non-farm rules.
Pay and Taxes for Minor Workers
Federal law lets an employer pay a youth minimum wage of $4.25 per hour to any worker under 20 for the first 90 consecutive calendar days of employment. Those 90 days run on the calendar, not on days actually worked. After day 90, the standard minimum wage applies.9U.S. Department of Labor. Fact Sheet #32 – Youth Minimum Wage – Fair Labor Standards Act
New Mexico’s state minimum wage sits above the federal floor, and where state law sets a higher rate that higher rate typically controls. Before accepting a job that pays below the standard state minimum, a minor should confirm the applicable rate with the Department of Workforce Solutions.
Most working minors owe federal and state income tax on what they earn. There is a narrow FICA exemption for students employed by the school, college, or university where they’re enrolled, and only when education is the primary purpose of the arrangement.10Internal Revenue Service. Student Exception to FICA Tax A teenager working at a grocery store doesn’t qualify.
Penalties for Employers
Employers who break child labor rules can be penalized under both federal and state law, and the two systems run independently.
Under the FLSA, a standard child labor violation carries a civil penalty of up to $16,035 per infraction. If the violation causes serious injury or death, the ceiling rises to $72,876. For willful or repeated violations that cause a minor’s serious injury or death, the maximum is $145,752.11U.S. Department of Labor. Civil Money Penalty Inflation Adjustments These figures are adjusted for inflation and reflect the amounts effective as of January 2025.
New Mexico’s Child Labor Act authorizes its own penalties and allows criminal liability for serious or repeated violations. The Department of Workforce Solutions investigates complaints, inspects workplaces, and reviews employment records. An employer can face state enforcement and a federal investigation at the same time.
How to Report a Violation
Complaints go to the federal Wage and Hour Division, which enforces the FLSA’s child labor provisions, or directly to the New Mexico Department of Workforce Solutions.12New Mexico Department of Workforce Solutions. Child Labor A parent, a coworker, or the minor worker can file.
Federal law protects anyone who reports a good-faith concern about youth employment violations. An employer can’t fire you, cut your hours, deny a promotion, or otherwise retaliate for raising the issue, and that protection stands even if the investigation ultimately finds no violation.13U.S. Department of Labor. Whistleblower Protections