[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)