EMPLOYMENT OF MINORS

CHAPTER 609

EMPLOYMENT OF MINORS

NRS 609.185 “Motion picture” defined.

NRS 609.190 Employing or permitting child under 16 years of age to work in certain occupations prohibited.

NRS 609.200 Determination of employment dangerous or injurious to children under 16 years of age by labor commissioner.

NRS 609.210 Employing or exhibiting minor in injurious, immoral or dangerous business; penalty.

NRS 609.230 Employing or permitting minor to work as messenger: Limitations.

NRS 609.240 Maximum hours of employment of child under 16 years of age.

NRS 609.245 Employment of child under 14 years of age unlawful without written permission of district judge or his designee.

NRS 609.250 Employment of child under 14 years of age unlawful when school in session; exceptions.

NRS 609.260 Superintendent of public instruction and attendance officer may demand proof of age of employed minor.

NRS 609.270 Penalty.

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CHAPTER 609

EMPLOYMENT OF MINORS

CROSS REFERENCES

Alcoholic beverages, sales by minors 16 to 18 years of age, NRS 244.351

Assignment of wage and commission claims to labor commissioner for collection, NRS 607.175

Children’s camps, employees exempt from certain provisions, NRS 444.300

Fair employment practices, NRS 281.370, 338.125

Gaming establishments, employment restricted, NRS 463.350

Minimum wages, NRS 608.250

Pornography, use of minor prohibited, NRS 200.700-200.760

Property, earnings of minor children, NRS 123.180

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NRS 609.185 “Motion picture” defined. For the purposes of this chapter, “motion picture” includes a film to be shown in a theater or on television, a film to be placed on a video disc or tape, an industrial, training or educational film and a commercial for television.

(Added to NRS by 1983, 1171)

NRS 609.190 Employing or permitting child under 16 years of age to work in certain occupations prohibited.

1. No child under the age of 16 years shall be employed, permitted or suffered to work in any capacity in, about or in connection with:

(a) The preparation of any composition in which dangerous or poisonous acids are used.

(b) The manufacture of paints, colors or white lead.

(d) The manufacture of goods for immoral purposes.

(e) Any mine, coal breaker, quarry, smelter, ore reduction works, laundry, tobacco warehouse, cigar factory or other factory where tobacco is manufactured or prepared.

(f) Any distillery, brewery or any other establishment where malt or alcoholic liquors are manufactured, packed, wrapped or bottled.

(g) 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.

(h) Switch tending, gate tending, or track repairing.

2. No child under the age of 16 years shall be employed or permitted or suffered to work 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.

3. No child under the age of 16 years shall be employed or permitted or suffered to work 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 years.

[2:232:1913; 1919 RL p. 2649; NCL § 1048] + [5:232:1913; 1919 RL p. 2649; NCL § 1051]—(NRS A 1973, 550)

NRS 609.200 Determination of employment dangerous or injurious to children under 16 years of age by labor commissioner. The labor commissioner may, from time to time, determine whether or not any particular trade, process of manufacture, occupation, or any particular method of carrying on such trade, process of manufacture or occupation is sufficiently dangerous to the lives or limbs, or injurious to the health or morals, of minors under 16 years of age employed therein to justify their exclusion therefrom, and may prohibit their employment therein.

[3:232:1913; 1919 RL p. 2649; NCL § 1049] + [6:232:1913; 1919 RL p. 2649; NCL § 1052]—(NRS A 1973, 550)

NRS 609.210 Employing or exhibiting minor in injurious, immoral or dangerous business; penalty. Every person who employs, or causes to be employed, exhibits or has in his custody for exhibition or employment, any minor, and every parent, relative, guardian, employer or other person having the care, custody or control of any minor, who in any way procures or consents to the employment of the minor:

1. In begging, receiving alms, or in any mendicant occupation;

2. In any indecent or immoral exhibition or practice;

3. In any practice or exhibition dangerous or injurious to life, limb, health or morals;

4. As a messenger for delivering letters, telegrams, packages or bundles to any house of prostitution or assignation;

5. In any public dance hall within this state where alcoholic beverages are dispensed; or

6. 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,

is guilty of a misdemeanor.

[1911 C&P § 558; A 1927, 234; NCL § 10503]—(NRS A 1975, 80; 1977, 1277; 1979, 934)

NRS 609.230 Employing or permitting minor to work as messenger: Limitations. In incorporated cities and towns, no person under the age of 18 years shall 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 a.m. or after 10 p.m. of any day.

[7:232:1913; 1919 RL p. 2649; NCL § 1053]

NRS 609.240 Maximum hours of employment of child under 16 years of age.

1. No child under the age of 16 years may be employed, permitted or suffered to work 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 1 week, or more than 8 hours in any 1 day.

2. The presence of a child in any establishment during working hours is prima facie evidence of employment of the child therein.

[8:232:1913; 1919 RL p. 2649; NCL § 1054]—(NRS A 1973, 264; 1983, 1171)

NRS 609.245 Employment of child under 14 years of age unlawful without written permission of district judge or his designee. Every person who employs and every parent, guardian or other person having the care, custody or control of such child, who permits to be employed, by another, any child under the age of 14 years 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.

[1911 C&P § 559; RL § 6824; NCL § 10504]—(NRS A 1971, 256; 1973, 263; 1983, 1171)

NRS 609.250 Employment of child under 14 years of age unlawful when school in session; exceptions. 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 of the school district in which the child resides 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.

[1:232:1913; 1919 RL p. 2649; NCL § 1047]—(NRS A 1977, 1277; 1983, 1172; 1991, 2187)

NRS 609.260 Superintendent of public instruction and attendance officer may demand proof of age of employed minor.

1. The superintendent of public instruction or other authorized inspector or school attendance officer shall make demand on an employer in or about whose place or establishment a child apparently under the age of 14 years is employed, or permitted or suffered to work, during the hours in which public schools of the school district are in session. The employer shall either furnish him within 10 days satisfactory evidence that such child is in fact over 14 years of age or is permitted to work at such times by the school district or court order, or he shall cease to employ or permit or suffer such child to work.

2. Whoever continues to employ any child in violation of any of the provisions of this section, after being notified thereof by a school attendance officer or other authorized officer, shall for every day thereafter that such employment continues be punished by a fine of not less than $5 nor more than $20.

[4:232:1913; 1919 RL p. 2649; NCL § 1050] + [10:232:1913; 1919 RL p. 2651; NCL § 1056]—(NRS A 1977, 1277)

NRS 609.270 Penalty. Except as otherwise provided in NRS 609.190 to 609.260, inclusive, whoever employs any child, and whoever, having under his control as parent, guardian or otherwise, any child, permits or suffers any child to be employed or to work in violation of any of the provisions of NRS 609.190 to 609.260, inclusive, shall be guilty of a misdemeanor.

[9:232:1913; 1919 RL p. 2649; NCL § 1055]—(NRS A 1967, 627)