2005 Nevada Revised Statutes - Chapter 609 — Employment of Minors

CHAPTER 609 - EMPLOYMENT OF MINORS

RESTRICTIONS ON PARTICULAR EMPLOYMENTS

NRS 609.185 Motionpicture defined.

NRS 609.190 Employingor permitting child under 16 years of age to work in certain occupationsprohibited.

NRS 609.200 Determinationby Labor Commissioner that certain employment dangerous or injurious tochildren under 16 years of age.

NRS 609.210 Employingor exhibiting minor in certain injurious, immoral or dangerous activities:Criminal penalty.

NRS 609.221 Prohibitionby Labor Commissioner of employment of children under age of 16 years incertain sales activities.

NRS 609.230 Employingor permitting minor to work as messenger: Limitations.

RESTRICTIONS ON AGE OF MINORS AND WORKING HOURS

NRS 609.240 Maximumhours of employment of child under 16 years of age.

NRS 609.245 Employmentof child under 14 years of age unlawful without written permission of districtjudge or his designee.

NRS 609.250 Employmentof child under 14 years of age unlawful when school in session; exceptions.

NRS 609.260 Superintendentof public instruction and attendance officer may demand proof of age ofemployed minor.

CONTRACTS FOR CREATIVE OR ATHLETIC SERVICES

NRS 609.400 Definitions.

NRS 609.410 Contractdefined.

NRS 609.420 Courtdefined.

NRS 609.430 Interestedparty defined.

NRS 609.440 Minordefined.

NRS 609.450 Netearnings defined.

NRS 609.460 Petitiondefined.

NRS 609.470 Petitionerdefined.

NRS 609.500 Petitionfor approval of contract: Filing; contents; attachments; refiling.

NRS 609.510 Petitionfor approval of contract: Hearing; scope of evidence.

NRS 609.520 Petitionfor approval of contract: Grounds for granting or denying petition; issuance oforder granting or denying petition; effect of order.

NRS 609.530 Appointmentof special guardian if court grants petition; special guardian to hold certainnet earnings of minor; expiration of special guardians role.

NRS 609.540 Certainamount of net earnings to be set aside for minor; modification of amount to beset aside; disposition, upon termination of contract, of amount set aside.

NRS 609.550 Limitationon minors ability to dispute validity of contract approved by court.

NRS 609.560 Finalityof courts rulings concerning contract.

NRS 609.570 Limitationon effect of NRS 609.400 to 609.570, inclusive.

PENALTIES

NRS 609.650 Criminalpenalty.

NRS 609.652 Administrativepenalty.

_________

RESTRICTIONS ON PARTICULAR EMPLOYMENTS

NRS 609.185 Motionpicture defined. For the purposes of thischapter, motion picture includes a film to be shown in a theater or ontelevision, 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 Employingor permitting child under 16 years of age to work in certain occupationsprohibited.

1. No child under the age of 16 years shall beemployed, permitted or suffered to work in any capacity in, about or inconnection with:

(a) The preparation of any composition in whichdangerous 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, orereduction works, laundry, tobacco warehouse, cigar factory or other factorywhere tobacco is manufactured or prepared.

(f) Any distillery, brewery or any other establishmentwhere malt or alcoholic liquors are manufactured, packed, wrapped or bottled.

(g) Any glass furnace, smelter, the outside erectionand repair of electric wires, the running or management of elevators, lifts orhoisting 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 beemployed or permitted or suffered to work as a brakeman, fireman, engineer,motorman or conductor upon any railroad in or about establishments wherenitroglycerin, dynamite, dualin, guncotton, gunpowder or other high ordangerous explosives are manufactured, compounded or stored.

3. No child under the age of 16 years shall beemployed or permitted or suffered to work in any other employment declared bythe Labor Commissioner to be dangerous to the lives or limbs, or injurious tothe 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 Determinationby Labor Commissioner that certain employment dangerous or injurious tochildren under 16 years of age. Except asotherwise provided in NRS 609.221, theLabor Commissioner may determine whether or not any particular trade, processof manufacture or occupation, or any particular method of carrying on suchtrade, process of manufacture or occupation is sufficiently dangerous to thelives or limbs, or injurious to the health or morals, of minors under 16 yearsof age employed therein to justify their exclusion therefrom, and may prohibittheir 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 Employingor exhibiting minor in certain injurious, immoral or dangerous activities:Criminal penalty. Every person who employs, orcauses to be employed, exhibits or has in his custody for exhibition oremployment, any minor, and every parent, relative, guardian, employer or otherperson having the care, custody or control of any minor, who in any wayprocures or consents to the employment of the minor:

1. In begging, receiving alms, or in any mendicantoccupation;

2. In any indecent or immoral exhibition or practice;

3. In any practice or exhibition dangerous orinjurious 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 wherealcoholic beverages are dispensed; or

6. In any area of a casino where there is gaming orwhere the sale of alcoholic beverages is the primary commercial activity unlessthe minor is in the casino area to provide entertainment pursuant to anemployment contract,

is guilty ofa misdemeanor.

[1911 C&P 558; A 1927, 234; NCL 10503](NRS A1975, 80; 1977, 1277; 1979, 934)

NRS 609.221 Prohibitionby Labor Commissioner of employment of children under age of 16 years incertain sales activities.

1. Except as otherwise provided in subsection 2, theLabor Commissioner shall adopt regulations prohibiting the employment of achild under the age of 16 years in connection with the solicitation for sale orselling of any product, good or service at any time or place or in any mannerthe Labor Commissioner determines to be dangerous to the health or welfare ofsuch a child.

2. The Labor Commissioner shall not prohibit theemployment of a child under the age of 16 years in connection with thesolicitation for sale or selling of:

(a) Any product, good or service in a county whosepopulation is less than 100,000; or

(b) Any agricultural product at a fixed locationdirectly to consumers and not for resale.

Thissubsection does not authorize the employment of a child in violation of aspecific 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 orselling of any product, good or service at any time or place or in any mannerprohibited by the Labor Commissioner pursuant to subsection 1.

(Added to NRS by 2001, 964)

NRS 609.230 Employingor permitting minor to work as messenger: Limitations.In incorporated cities and towns, no person under the age of 18 yearsshall be employed or permitted to work as a messenger for a telegraph ormessenger company in the distribution, transmission or delivery of goods ormessages 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 Maximumhours 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 domesticservice, employment as a performer in the production of a motion picture orwork on a farm, more than 48 hours in any 1 week, or more than 8 hours in any 1day.

2. The presence of a child in any establishment duringworking hours is prima facie evidence of employment of the child therein.

[8:232:1913; 1919 RL p. 2649; NCL 1054](NRS A1973, 264; 1983, 1171)

NRS 609.245 Employmentof child under 14 years of age unlawful without written permission of districtjudge or his designee. Every person whoemploys and every parent, guardian or other person having the care, custody orcontrol of such child, who permits to be employed, by another, any child underthe 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 writtenpermission for the employment signed by a judge of the district court of thecounty of the childs residence, or signed by a juvenile master, referee orprobation officer authorized to sign such a permit by a judge of the districtcourt of the county of the childs residence, is guilty of a misdemeanor.

[1911 C&P 559; RL 6824; NCL 10504](NRS A1971, 256; 1973, 263; 1983, 1171)

NRS 609.250 Employmentof 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 anybusiness or service during the hours in which the public schools of the schooldistrict in which the child resides are in session, unless the child has beenexcused from attendance by the school district or by order of the juvenilecourt for the purpose of employment.

[1:232:1913; 1919 RL p. 2649; NCL 1047](NRS A1977, 1277; 1983, 1172; 1991, 2187; 2003, 1159)

NRS 609.260 Superintendentof public instruction and attendance officer may demand proof of age ofemployed minor.

1. The superintendent of public instruction or otherauthorized inspector or school attendance officer shall make demand on anemployer in or about whose place or establishment a child apparently under theage of 14 years is employed, or permitted or suffered to work, during the hoursin which public schools of the school district are in session. The employershall either furnish him within 10 days satisfactory evidence that such childis in fact over 14 years of age or is permitted to work at such times by theschool district or court order, or he shall cease to employ or permit or suffersuch child to work.

2. Whoever continues to employ any child in violationof any of the provisions of this section, after being notified thereof by aschool attendance officer or other authorized officer, shall for every daythereafter that such employment continues be punished by a fine of not lessthan $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 609.400to 609.570, inclusive, unless thecontext otherwise requires, the words and terms defined in NRS 609.410 to 609.470, inclusive, have the meaningsascribed to them in those sections.

(Added to NRS by 2003, 1587)

NRS 609.410 Contractdefined.

1. Contract means a proposed contract pursuant towhich:

(a) A minor agrees to render artistic or creativeservices, 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 dramaticproperties, either tangible or intangible;

(2) The use of the name, voice, signature,photograph or likeness of the minor; or

(3) Radio broadcasting, television or motionpicture rights for the performance of the minor, or for the story of orincidents in the life of the minor, either tangible or intangible.

2. As used in this section:

(a) Artistic or creative services includes, withoutlimitation, services as an actor, actress, extra, background performer, dancer,musician, comedian, singer, stunt person, voiceover artist, songwriter, musicalproducer, musical arranger, writer, director, producer, production executive,choreographer, composer, conductor, designer, or other performer orentertainer.

(b) Third party includes, without limitation, apersonal services corporation or loan-out company.

(Added to NRS by 2003, 1588)

NRS 609.420 Courtdefined. Court means:

1. In a judicial district that has established abusiness court by court rule, the business court.

2. In a judicial district that has not established abusiness court by court rule, the district court.

(Added to NRS by 2003, 1588)

NRS 609.430 Interestedparty 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 isa party to a contract, if the parent, custodian or guardian is authorized toact on behalf of the minor.

(Added to NRS by 2003, 1588)

NRS 609.440 Minordefined. 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 renderingservices in this state pursuant to a contract.

(Added to NRS by 2003, 1588)

NRS 609.450 Netearnings defined. Net earnings means thegross earnings received for services rendered by a minor during the term of acontract, less:

1. All sums required by law to be paid as taxes to anyfederal, state or local government with respect to or by reason of suchearnings;

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 inconnection with the contract and its performance.

(Added to NRS by 2003, 1588)

NRS 609.460 Petitiondefined. Petition means a petition forapproval of a contract filed pursuant to NRS609.500.

(Added to NRS by 2003, 1588)

NRS 609.470 Petitionerdefined. Petitioner means a person who filesa petition for approval of a contract pursuant to NRS 609.500.

(Added to NRS by 2003, 1588)

NRS 609.500 Petitionfor approval of contract: Filing; contents; attachments; refiling.

1. An interested party may petition the court forapproval of a contract by filing a written petition for approval of thecontract in the court of the county in which:

(a) The minor resides;

(b) The minor will be rendering services pursuant tothe contract; or

(c) A party to the contract has its principal officefor the transaction of business.

2. The petition must be verified by the petitioner andmust contain the following items:

(a) The full name, date of birth, place of birth andphysical address of the minor.

(b) The full name and physical address of any livingparent of the minor.

(c) The full name and physical address of any personwho has care and custody of the minor.

(d) Whether the minor has, at any time, had a guardianappointed 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, thelocation in this state at which the minor will be rendering services pursuantto the contract.

(f) A summary of the nature and provisions of thecontract.

(g) A schedule showing the estimated:

(1) Gross earnings of the minor pursuant to thecontract;

(2) Deductions from the earnings of the minorrequired by law;

(3) Reasonable fees and expenses to be paid inconnection with the contract and its performance;

(4) Reasonable sums to be expended for thesupport, care, education, training and professional management of the minor;and

(5) Net earnings of the minor pursuant to thecontract.

(h) Whether any person is entitled to receive anyportion of the earnings of the minor and a detailed description of thefinancial circumstances of any such person.

(i) A statement acknowledging that the minor and aparent, custodian or guardian of the minor consent to an order of the courtsetting aside a portion of the net earnings of the minor for the benefit of theminor.

(j) The relationship of the petitioner to the minor andthe interest of the petitioner in the contract or in the performance of theminor pursuant to the contract, if any.

(k) A statement acknowledging that the term of thecontract during which the minor is to render services, if applicable, may notextend beyond 5 years from the date of approval of the contract by the court.

(l) A statement describing any other covenants orconditions contained in the contract which extend beyond 5 years from the dateof approval of the contract by the court, or a statement indicating that thecontract contains no such covenants or conditions.

(m) Any other facts which demonstrate that the terms ofthe contract are:

(1) Objectively fair and reasonable;

(2) Consistent with the standards of theindustry to which the object of the contract pertains;

(3) Consistent and in compliance with the lawsof this state, including, without limitation, the laws governing the conductand employment of minors; and

(4) In the best interests of the minor.

(n) A statement acknowledging that the minor and aparent, custodian or guardian of the minor have had the opportunity to consultwith an attorney who is experienced in the laws and practices pertaining to theapplicable industry and consent to the approval of the contract by the court.

3. A copy of the contract must be attached to thepetition.

4. If a new petition is filed following the denial ofa previous petition pursuant to paragraph (c) of subsection 2 of NRS 609.520 the following must be attachedto the petition:

(a) A copy of any previous petition that was denied bythe court and copies of any exhibits thereto; and

(b) A certified copy of the transcribed record of anyhearing conducted concerning any previous petition that was denied by thecourt.

(Added to NRS by 2003, 1589)

NRS 609.510 Petitionfor approval of contract: Hearing; scope of evidence.

1. Upon receipt of a petition, the court may schedulea 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 shallpersonally attend.

(b) The court may hear and consider all competent,material and relevant evidence helpful in determining whether the petitionshould be granted, including, without limitation, oral and written testimonyand reports, and such evidence may be received by the court and relied upon tothe extent of its probative value.

(Added to NRS by 2003, 1590)

NRS 609.520 Petitionfor approval of contract: Grounds for granting or denying petition; issuance oforder granting or denying petition; effect of order.

1. In determining whether to grant a petition, thecourt shall consider whether the terms, conditions and covenants of thecontract are:

(a) Objectively fair and reasonable;

(b) Consistent with the standards of the industry towhich the object of the contract pertains;

(c) Consistent and in compliance with the laws of thisstate, including, without limitation, the laws governing the conduct andemployment of minors; and

(d) In the best interests of the minor.

2. After considering the petition, the court shallissue an order:

(a) Granting the petition.

(b) Granting the petition upon the condition that theparties 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 theorder, the petition shall be deemed granted on the date that the contract, asmodified, is executed by the parties.

(c) Denying the petition. If the court issues an orderdenying the petition, an interested party may file a new petition for approvalof the contract if the parties modify the terms of the contract.

3. The granting of a petition pursuant to thissection:

(a) Extends to the entire contract and all of its termsand provisions, including, without limitation, any optional or conditionalprovisions contained in the contract for extension, prolongation or terminationof the term of the contract.

(b) Must not be construed to constitute an emancipationof the minor.

(Added to NRS by 2003, 1590)

NRS 609.530 Appointmentof special guardian if court grants petition; special guardian to hold certainnet earnings of minor; expiration of special guardians role.

1. If the court issues an order granting a petition,the court shall immediately issue an order appointing a special guardian toreceive and hold the specified amount or percentage of the net earnings of theminor to be set aside for the benefit of the minor pursuant to NRS 609.540.

2. The petitioner or a parent, custodian or guardianof the minor is not ineligible to be appointed as a special guardian pursuantto this section solely because of his interest, so long as that interest isfully disclosed to the court. A disclosure pursuant to this subsection mustinclude, without limitation, whether the person has an interest:

(a) In any part of the earnings of the minor pursuantto the contract;

(b) As a party to the contract; or

(c) As an interested party to the contract or to theperformance of the minor pursuant to the contract.

3. The appointment of a special guardian pursuant tothis 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 ofmajority.

(Added to NRS by 2003, 1590)

NRS 609.540 Certainamount of net earnings to be set aside for minor; modification of amount to beset aside; disposition, upon termination of contract, of amount set aside.

1. At the time of issuing an order appointing aspecial guardian pursuant to NRS 609.530,the court shall fix and include in the order the amount or percentage of thenet earnings of the minor to be set aside for the benefit of the minor that thecourt determines is in the best interests of the minor. The amount orpercentage of the net earnings to be set aside must not be less than 15 percentor more than 50 percent of the net earnings.

2. Any time following the issuance of an order fixingor modifying the amount or percentage of the net earnings to be set asidepursuant to this section:

(a) Upon the request of the minor, the special guardianshall move the court for an order modifying the amount or percentage of the netearnings to be set aside.

(b) Upon his own initiative, the special guardian maymove the court for an order modifying the amount or percentage of the netearnings to be set aside.

3. The court may grant a motion and modify the amountor percentage of the net earnings to be set aside if the court finds that,because of changed circumstances, modification of the amount or percentage ofthe net earnings to be set aside is in the best interests of the minor.

4. Upon termination of a contract approved by thecourt pursuant to NRS 609.400 to 609.570, inclusive, the special guardianshall immediately transfer all remaining money that has been received and heldfor the benefit of the minor, together with an accounting of all money that hasbeen collected, disbursed and expended, to:

(a) The guardian of the property of the minor, if theminor has not reached the age of majority and has not been emancipated.

(b) The minor, if the minor has reached the age ofmajority or has been emancipated.

(Added to NRS by 2003, 1591)

NRS 609.550 Limitationon minors ability to dispute validity of contract approved by court. If a contract that is otherwise valid is approved by thecourt by the granting of a petition, a minor may not, during his minority, uponreaching the age of majority or upon his emancipation:

1. Disaffirm the contract on the ground that thecontract was entered into during his minority;

2. Rescind, avoid or repudiate the contract because ofhis minority;

3. Rescind, avoid or repudiate any exercise of a rightor privilege pursuant to the contract because of his minority; or

4. Assert that a parent, custodian or guardian lackedauthority to make the contract on his behalf.

(Added to NRS by 2003, 1591)

NRS 609.560 Finalityof courts rulings concerning contract. Thedetermination of whether to grant or deny a petition or to grant or deny amotion to modify the amount or percentage of the net earnings of a minor to beset aside is a matter solely within the discretion of the court and is notsubject to appeal.

(Added to NRS by 2003, 1592)

NRS 609.570 Limitationon effect of NRS609.400 to 609.570, inclusive. The provisions of NRS609.400 to 609.570, inclusive, donot:

1. Exempt any person from compliance with any otherlaw 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 licensingauthority or other persons charged with the administration of licensingrequirements.

(Added to NRS by 2003, 1592)

PENALTIES

NRS 609.650 Criminalpenalty. Except as otherwise provided in NRS 609.190 to 609.260, inclusive, any person who employsany child in violation of any provision of this chapter or any regulationadopted pursuant thereto, or any person who has the care, custody or control ofany child and who permits or requires the child to be employed or to work inviolation of any provision of this chapter or any regulation adopted pursuantthereto, is guilty of a misdemeanor.

[9:232:1913; 1919 RL p. 2649; NCL 1055](NRS A1967, 627; 2001, 965;2003, 797)(Substitutedin revision for NRS 609.270)

NRS 609.652 Administrativepenalty. In addition to any other remedy orpenalty, if any person commits a violation described in NRS 609.650, the Labor Commissioner mayimpose against the person an administrative penalty of not more than $2,500 foreach such violation.

(Added to NRS by 2001, 965; A 2003, 797)(Substitutedin revision for NRS 609.281)

 

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