Many families may recall that the legislation for child performer’s working in New Mexico was passed in April 2007 and went into effect June 2007. . This was widely reported in connection to the Kid Nation controversy, with many entities asking if stronger regulations would have better protected the children. In fact, New Mexico had changed their laws already, they just went into effect after the filming of Kid Nation was completed.
New Mexico’s form of government has two kinds of regulations: laws and rules. A component of the legislation enacted a year ago, was that the labor department would be responsible for promulgating rules for employers based on safety and education. The rules have now been drafted, and go into effect June 30, 2008. Please find the entire regulation here: http://www.dws.state.nm.us/pdf/ChildLabor11-1-4NMAC.pdf. Highlights to the rules include:
Additions to definitions
Of importance is the definition of “Entertainment industry”. It includes photography, recording, modeling, theatrical productions, publicity and performances where minors perform or entertain.
The application can be found here: http://www.workforceconnection.state.nm.us/pdf/ChildEntertain.doc
As currently written, the process is this:
The person who employs the minor must obtain this certificate prior to the start of work. The certificate is specific to a job and a child. In other words, a certificate would be required for each child on the job. There are many components to the application, including:
- Project name – address – and a minimum of 3 contact names
- Child information – including proof of age, name and grade level of school (but no school permission required)
- Parent / Legal Guardian name, address, phone number and “permission”
- Teacher certification
- Certified Trainer/Technician (if special effects or stunts are involved)
- Trust Fund Account – parent signature stating trust fund has been set up
- Background Checks – for teacher, trainer/technician
There is no information available about how long the approval process takes, or if there is a fee to the employer to obtain this certificate.
- No work before 5:00 a.m. or after 10:00 p.m. on evenings preceding school days.
- The time is increased to 12:00 a.m.on days preceding non-school days.
- Time at the place of employment may be increased for ½ hour for a meal period.
- Infants to 6 months – at work place for 2 hours with no more than 20 minutes work time. Note: additional physician certification required
- 7 months to 2 years - at work place for 4 hours, work for 2 hours.
- 3 years to 5 years – at work place for 6 hours, work for 3 hours.
- 6 years to 8 years – at work place for 8 hours, 4 hours work + 3 schooling + 1 rest and relaxation. Work time may be increased to 6 hours for non-school days
- 9 years to 15 years – at work place for 9 hours, 5 hours work + 3 schooling + 1 rest and relaxation. Work time may be increased to 7 hours for non-school days
- 16 years to 18 years – at work place for 10 hours, 6 hours work + 3 schooling + 1 rest and relaxation. Work time may be increased to 8 hours for non-school days
There are provisions for production to get a waiver of work hours, and specifications about travel time and what is included in the workday hours. Please refer to the specific rules.
Trust Account Requirements
- Applies only to jobs with $1,000 gross earnings or greater
- To be opened in child’s state of residence within 7 days of signing a contract
- Trustee’s to notify employer of the account specifications within 15 days of employment
- Employer to provide trustee with a receipt upon accepting bank information
- Employer to transfer funds to district court if they have no account information in 90 days
- District court to appoint a trustee if they receive funds from employer
Other items of interest
- Certified Teacher is present only during the time reserved for school.
- Children ages 6 to 18 must be provided with a teacher for each group of 10 or fewer child performers.
- Parents are to remain in eyesight and earshot of their children at all times other than time periods in which the teachers are teaching school.
- Producers who violate the provisions may be penalized by the non-issuance of subsequent pre-authorization certificates for a 2 year period.
For more information on the implementation of New Mexico’s rules and laws for child performers, please contact the New Mexico Department of Workforce Solutions at http://www.dws.state.nm.us/dws-CL.html