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Nrs: Chapter 609 - Employment Of Minors


Published: 2015

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[Rev. 11/21/2013 12:33:42

PM--2013]



CHAPTER 609 - EMPLOYMENT OF MINORS

RESTRICTIONS ON PARTICULAR EMPLOYMENTS

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

by Labor Commissioner that certain employment dangerous or injurious to

children under 16 years of age.

NRS 609.210           Employing

or exhibiting minor in certain injurious, immoral or dangerous activities:

Criminal penalty.

NRS 609.221           Prohibition

by Labor Commissioner of employment of children under age of 16 years in

certain sales activities.

NRS 609.230           Employing

or permitting minor to work as messenger: Limitations.

RESTRICTIONS ON AGE OF MINORS AND WORKING HOURS

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 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.

CONTRACTS FOR CREATIVE OR ATHLETIC SERVICES

NRS 609.400           Definitions.

NRS 609.410           “Contract”

defined.

NRS 609.420           “Court”

defined.

NRS 609.430           “Interested

party” defined.

NRS 609.440           “Minor”

defined.

NRS 609.450           “Net

earnings” defined.

NRS 609.460           “Petition”

defined.

NRS 609.470           “Petitioner”

defined.

NRS 609.500           Petition

for approval of contract: Filing; contents; attachments; refiling.

NRS 609.510           Petition

for approval of contract: Hearing; scope of evidence.

NRS 609.520           Petition

for approval of contract: Grounds for granting or denying petition; issuance of

order granting or denying petition; effect of order.

NRS 609.530           Appointment

of special guardian if court grants petition; special guardian to hold certain

net earnings of minor; expiration of special guardian’s role.

NRS 609.540           Certain

amount of net earnings to be set aside for minor; modification of amount to be

set aside; disposition, upon termination of contract, of amount set aside.

NRS 609.550           Limitation

on minor’s ability to dispute validity of contract approved by court.

NRS 609.560           Finality

of courts’ rulings concerning contract.

NRS 609.570           Limitation

on effect of NRS 609.400 to 609.570,

inclusive.

PENALTIES

NRS 609.650           Criminal

penalty.

NRS 609.652           Administrative

penalty.

_________

_________

RESTRICTIONS ON PARTICULAR EMPLOYMENTS

      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 videodisc or videotape, 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.

      (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)

      NRS 609.200  Determination by Labor Commissioner that certain employment

dangerous or injurious to children under 16 years of age.  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)

      NRS 609.210  Employing or exhibiting minor in certain injurious, immoral or

dangerous activities: Criminal penalty.  Every

person who employs, or causes to be employed, exhibits or has in his or her

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)

      NRS 609.221  Prohibition by Labor Commissioner of employment of children

under age of 16 years in certain sales activities.

      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)

      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]

RESTRICTIONS ON AGE OF MINORS AND WORKING HOURS

      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 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 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)

      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 or her 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 the

employer 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

      NRS 609.400  Definitions.  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)

      NRS 609.410  “Contract” defined.

      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)

      NRS 609.420  “Court” defined.  “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)

      NRS 609.430  “Interested party” defined.  “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)

      NRS 609.440  “Minor” defined.  “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)

      NRS 609.450  “Net earnings” defined.  “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)

      NRS 609.460  “Petition” defined.  “Petition”

means a petition for approval of a contract filed pursuant to NRS 609.500.

      (Added to NRS by 2003, 1588)

      NRS 609.470  “Petitioner” defined.  “Petitioner”

means a person who files a petition for approval of a contract pursuant to NRS 609.500.

      (Added to NRS by 2003, 1588)

      NRS 609.500  Petition for approval of contract: Filing; contents;

attachments; refiling.

      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 or her 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)

      NRS 609.510  Petition for approval of contract: Hearing; scope of evidence.

      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)

      NRS 609.520  Petition for approval of contract: Grounds for granting or

denying petition; issuance of order granting or denying petition; effect of

order.

      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)

      NRS 609.530  Appointment of special guardian if court grants petition;

special guardian to hold certain net earnings of minor; expiration of special

guardian’s role.

      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 the interest of the

petitioner, parent, custodian or guardian, as applicable, 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)

      NRS 609.540  Certain amount of net earnings to be set aside for minor;

modification of amount to be set aside; disposition, upon termination of

contract, of amount set aside.

      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 or her 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)

      NRS 609.550  Limitation on minor’s ability to dispute validity of contract

approved by court.  If a contract

that is otherwise valid is approved by the court by the granting of a petition,

a minor may not, during his or her minority, upon reaching the age of majority

or upon his or her emancipation:

      1.  Disaffirm the contract on the ground

that the contract was entered into during his or her minority;

      2.  Rescind, avoid or repudiate the

contract because of his or her minority;

      3.  Rescind, avoid or repudiate any

exercise of a right or privilege pursuant to the contract because of his or her

minority; or

      4.  Assert that a parent, custodian or

guardian lacked authority to make the contract on behalf of the minor.

      (Added to NRS by 2003, 1591)

      NRS 609.560  Finality of courts’ rulings concerning contract.  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)

      NRS 609.570  Limitation on effect of NRS 609.400 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

      NRS 609.650  Criminal penalty.  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)

      NRS 609.652  Administrative penalty.  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)