USA Statutes : nevada
Title : Title 53 - LABOR AND INDUSTRIAL RELATIONS
Chapter : CHAPTER 609 - EMPLOYMENT OF MINORS
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 videodisc or videotape, an
industrial, training or educational film and a commercial for television.
(Added to NRS by 1983, 1171)
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.
(c) Dipping, drying or packing matches.
(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)
Except as otherwise provided in NRS 609.221 , the Labor Commissioner may determine whether
or not any particular trade, process of manufacture or 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; 2001, 965 )
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,
Ê is guilty of a misdemeanor.
[1911 C&P § 558; A 1927, 234; NCL § 10503]—(NRS A 1975, 80; 1977,
1277; 1979, 934)
1. Except as otherwise provided in subsection 2, the Labor
Commissioner shall adopt regulations prohibiting the employment of a
child under the age of 16 years 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 Labor Commissioner determines to be dangerous to the
health or welfare of such a child.
2. The Labor Commissioner shall not prohibit the employment of a
child under the age of 16 years in connection with the solicitation for
sale or selling of:
(a) Any product, good or service in a county whose population is
less than 100,000; or
(b) Any agricultural product at a fixed location directly to
consumers and not for resale.
Ê This subsection does not authorize the employment of a child in
violation of a specific statute.
3. No child under the age of 16 years 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 pursuant to subsection 1.
(Added to NRS by 2001, 964 )
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]
RESTRICTIONS ON AGE OF MINORS AND WORKING HOURS
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)
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)
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 court for the purpose
of employment.
[1:232:1913; 1919 RL p. 2649; NCL § 1047]—(NRS A 1977, 1277; 1983,
1172; 1991, 2187; 2003, 1159 )
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)
CONTRACTS FOR CREATIVE OR ATHLETIC SERVICES
As used in NRS 609.400 to 609.570 ,
inclusive, unless the context otherwise requires, the words and terms
defined in NRS 609.410 to 609.470
, inclusive, have the meanings ascribed
to them in those sections.
(Added to NRS by 2003, 1587 )
1. “Contract” means a proposed contract pursuant to which:
(a) A minor agrees to render artistic or creative services,
directly or through a third party.
(b) A minor agrees to render services as a participant, competitor
or player in a sport.
(c) A person agrees with a minor to purchase, sell, lease, license,
transfer, exchange or otherwise dispose of:
(1) Literary, musical, artistic or dramatic properties,
either tangible or intangible;
(2) The use of the name, voice, signature, photograph or
likeness of the minor; or
(3) Radio broadcasting, television or motion picture rights
for the performance of the minor, or for the story of or incidents in the
life of the minor, either tangible or intangible.
2. As used in this section:
(a) “Artistic or creative services” includes, without limitation,
services as an actor, actress, extra, background performer, dancer,
musician, comedian, singer, stunt person, voiceover artist, songwriter,
musical producer, musical arranger, writer, director, producer,
production executive, choreographer, composer, conductor, designer, or
other performer or entertainer.
(b) “Third party” includes, without limitation, a personal services
corporation or loan-out company.
(Added to NRS by 2003, 1588 )
“Court” means:
1. In a judicial district that has established a business court by
court rule, the business court.
2. In a judicial district that has not established a business
court by court rule, the district court.
(Added to NRS by 2003, 1588 )
“Interested party”
includes:
1. A person who is a party to a contract; and
2. The parent, custodian or guardian of a minor who is a party to
a contract, if the parent, custodian or guardian is authorized to act on
behalf of the minor.
(Added to NRS by 2003, 1588 )
“Minor” means a person who:
1. Is less than 18 years of age;
2. Has not been declared emancipated pursuant to NRS 129.080
to 129.140 , inclusive; and
3. Resides in this state, or will be rendering services in this
state pursuant to a contract.
(Added to NRS by 2003, 1588 )
“Net earnings” means the
gross earnings received for services rendered by a minor during the term
of a contract, less:
1. All sums required by law to be paid as taxes to any federal,
state or local government with respect to or by reason of such earnings;
2. Reasonable sums to be expended for the support, care,
education, training and professional management of the minor; and
3. Reasonable fees and expenses to be paid in connection with the
contract and its performance.
(Added to NRS by 2003, 1588 )
“Petition” means a petition for
approval of a contract filed pursuant to NRS 609.500 .
(Added to NRS by 2003, 1588 )
“Petitioner” means a person who
files a petition for approval of a contract pursuant to NRS 609.500
.
(Added to NRS by 2003, 1588 )
1. An interested party may petition the court for approval of a
contract by filing a written petition for approval of the contract in the
court of the county in which:
(a) The minor resides;
(b) The minor will be rendering services pursuant to the contract;
or
(c) A party to the contract has its principal office for the
transaction of business.
2. The petition must be verified by the petitioner and must
contain the following items:
(a) The full name, date of birth, place of birth and physical
address of the minor.
(b) The full name and physical address of any living parent of the
minor.
(c) The full name and physical address of any person who has care
and custody of the minor.
(d) Whether the minor has, at any time, had a guardian appointed
for him by a court in any jurisdiction or pursuant to a will or deed.
(e) If the minor is not a resident of this state, the location in
this state at which the minor will be rendering services pursuant to the
contract.
(f) A summary of the nature and provisions of the contract.
(g) A schedule showing the estimated:
(1) Gross earnings of the minor pursuant to the contract;
(2) Deductions from the earnings of the minor required by
law;
(3) Reasonable fees and expenses to be paid in connection
with the contract and its performance;
(4) Reasonable sums to be expended for the support, care,
education, training and professional management of the minor; and
(5) Net earnings of the minor pursuant to the contract.
(h) Whether any person is entitled to receive any portion of the
earnings of the minor and a detailed description of the financial
circumstances of any such person.
(i) A statement acknowledging that the minor and a parent,
custodian or guardian of the minor consent to an order of the court
setting aside a portion of the net earnings of the minor for the benefit
of the minor.
(j) The relationship of the petitioner to the minor and the
interest of the petitioner in the contract or in the performance of the
minor pursuant to the contract, if any.
(k) A statement acknowledging that the term of the contract during
which the minor is to render services, if applicable, may not extend
beyond 5 years from the date of approval of the contract by the court.
(l) A statement describing any other covenants or conditions
contained in the contract which extend beyond 5 years from the date of
approval of the contract by the court, or a statement indicating that the
contract contains no such covenants or conditions.
(m) Any other facts which demonstrate that the terms of the
contract are:
(1) Objectively fair and reasonable;
(2) Consistent with the standards of the industry to which
the object of the contract pertains;
(3) Consistent and in compliance with the laws of this
state, including, without limitation, the laws governing the conduct and
employment of minors; and
(4) In the best interests of the minor.
(n) A statement acknowledging that the minor and a parent,
custodian or guardian of the minor have had the opportunity to consult
with an attorney who is experienced in the laws and practices pertaining
to the applicable industry and consent to the approval of the contract by
the court.
3. A copy of the contract must be attached to the petition.
4. If a new petition is filed following the denial of a previous
petition pursuant to paragraph (c) of subsection 2 of NRS 609.520 the following must be attached to the petition:
(a) A copy of any previous petition that was denied by the court
and copies of any exhibits thereto; and
(b) A certified copy of the transcribed record of any hearing
conducted concerning any previous petition that was denied by the court.
(Added to NRS by 2003, 1589 )
1. Upon receipt of a petition, the court may schedule a hearing to
determine whether the petition should be granted.
2. At any hearing concerning the petition:
(a) The minor who is the subject of the petition shall personally
attend.
(b) The court may hear and consider all competent, material and
relevant evidence helpful in determining whether the petition should be
granted, including, without limitation, oral and written testimony and
reports, and such evidence may be received by the court and relied upon
to the extent of its probative value.
(Added to NRS by 2003, 1590 )
1. In determining whether to grant a petition, the court shall
consider whether the terms, conditions and covenants of the contract are:
(a) Objectively fair and reasonable;
(b) Consistent with the standards of the industry to which the
object of the contract pertains;
(c) Consistent and in compliance with the laws of this state,
including, without limitation, the laws governing the conduct and
employment of minors; and
(d) In the best interests of the minor.
2. After considering the petition, the court shall issue an order:
(a) Granting the petition.
(b) Granting the petition upon the condition that the parties
modify the terms of the contract in the manner set forth in the order. If
the parties modify the terms of the contract in the manner set forth in
the order, the petition shall be deemed granted on the date that the
contract, as modified, is executed by the parties.
(c) Denying the petition. If the court issues an order denying the
petition, an interested party may file a new petition for approval of the
contract if the parties modify the terms of the contract.
3. The granting of a petition pursuant to this section:
(a) Extends to the entire contract and all of its terms and
provisions, including, without limitation, any optional or conditional
provisions contained in the contract for extension, prolongation or
termination of the term of the contract.
(b) Must not be construed to constitute an emancipation of the
minor.
(Added to NRS by 2003, 1590 )
1. If the court issues an order granting a petition, the court
shall immediately issue an order appointing a special guardian to receive
and hold the specified amount or percentage of the net earnings of the
minor to be set aside for the benefit of the minor pursuant to NRS
609.540 .
2. The petitioner or a parent, custodian or guardian of the minor
is not ineligible to be appointed as a special guardian pursuant to this
section solely because of his interest, so long as that interest is fully
disclosed to the court. A disclosure pursuant to this subsection must
include, without limitation, whether the person has an interest:
(a) In any part of the earnings of the minor pursuant to the
contract;
(b) As a party to the contract; or
(c) As an interested party to the contract or to the performance of
the minor pursuant to the contract.
3. The appointment of a special guardian pursuant to this section
expires on the earliest of the following dates:
(a) The date on which the contract is terminated.
(b) The date on which the minor is emancipated.
(c) The date on which the minor reaches the age of majority.
(Added to NRS by 2003, 1590 )
1. At the time of issuing an order appointing a special guardian
pursuant to NRS 609.530 , the court
shall fix and include in the order the amount or percentage of the net
earnings of the minor to be set aside for the benefit of the minor that
the court determines is in the best interests of the minor. The amount or
percentage of the net earnings to be set aside must not be less than 15
percent or more than 50 percent of the net earnings.
2. Any time following the issuance of an order fixing or modifying
the amount or percentage of the net earnings to be set aside pursuant to
this section:
(a) Upon the request of the minor, the special guardian shall move
the court for an order modifying the amount or percentage of the net
earnings to be set aside.
(b) Upon his own initiative, the special guardian may move the
court for an order modifying the amount or percentage of the net earnings
to be set aside.
3. The court may grant a motion and modify the amount or
percentage of the net earnings to be set aside if the court finds that,
because of changed circumstances, modification of the amount or
percentage of the net earnings to be set aside is in the best interests
of the minor.
4. Upon termination of a contract approved by the court pursuant
to NRS 609.400 to 609.570 , inclusive, the special guardian shall
immediately transfer all remaining money that has been received and held
for the benefit of the minor, together with an accounting of all money
that has been collected, disbursed and expended, to:
(a) The guardian of the property of the minor, if the minor has not
reached the age of majority and has not been emancipated.
(b) The minor, if the minor has reached the age of majority or has
been emancipated.
(Added to NRS by 2003, 1591 )
If a contract that is otherwise valid is
approved by the court by the granting of a petition, a minor may not,
during his minority, upon reaching the age of majority or upon his
emancipation:
1. Disaffirm the contract on the ground that the contract was
entered into during his minority;
2. Rescind, avoid or repudiate the contract because of his
minority;
3. Rescind, avoid or repudiate any exercise of a right or
privilege pursuant to the contract because of his minority; or
4. Assert that a parent, custodian or guardian lacked authority to
make the contract on his behalf.
(Added to NRS by 2003, 1591 )
The
determination of whether to grant or deny a petition or to grant or deny
a motion to modify the amount or percentage of the net earnings of a
minor to be set aside is a matter solely within the discretion of the
court and is not subject to appeal.
(Added to NRS by 2003, 1592 )
400 to 609.570 ,
inclusive. The provisions of NRS 609.400 to 609.570 ,
inclusive, do not:
1. Exempt any person from compliance with any other law concerning
licenses, consents or authorizations required for any conduct,
employment, use or exhibition of a minor in this state; or
2. Limit, in any manner, the discretion of a licensing authority
or other persons charged with the administration of licensing
requirements.
(Added to NRS by 2003, 1592 )
PENALTIES
Except as otherwise provided in NRS
609.190 to 609.260 , inclusive, any person who employs any child
in violation of any provision of this chapter or any regulation adopted
pursuant thereto, or any person who has the care, custody or control of
any child and who permits or requires the child to be employed or to work
in violation of any provision of this chapter or any regulation adopted
pursuant thereto, is guilty of a misdemeanor.
[9:232:1913; 1919 RL p. 2649; NCL § 1055]—(NRS A 1967, 627; 2001,
965 ; 2003, 797 )—(Substituted in revision for NRS 609.270)
In addition to any other
remedy or penalty, if any person commits a violation described in NRS
609.650 , the Labor Commissioner may
impose against the person an administrative penalty of not more than
$2,500 for each such violation.
(Added to NRS by 2001, 965 ; A 2003, 797 )—(Substituted in revision for NRS 609.281)
