[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)