What Age You Have to Be to Work in Nevada
The minimum legal age to engage in non-farm employment in Nevada is 14 years, except where a federal law or regulation provides a different minimum legal age. 29 C.F.R. section 570.1(a). Where federal regulations prohibit or restrict the employment of minors, federal law shall prevail. Id. However, nothing in the federal regulations (such as the Fair Labor Standards Act) affects Nevada’s laws concerning the employment of minors.
Any employer who employs minors must abide by Nevada laws. NRS 609.240 requires minors to obtain age certificates in order to work. Employers may be found liable for a violation if they employ a minor without an age certificate. NRS 608.080. In such cases , employers may be subject to civil and/or criminal penalties. Id.
Employers must keep records of the certification of minors taking on employment. 29 C.F.R. section 570.5(b). Employers must also allow the Division of Industrial Relations access to all records of certificates, including employment records of minors, and information concerning the minors’ income, hours worked, and the nature of the work performed. NRS 608.080.
Nevada Minor Working Laws
Nevada law exerts tight control over minors as employees. Pursuant to Nevada Revised Statutes Section 609.240, employers must obtain a permit from the Labor Commissioner before hiring any minor, defined as any employee under the age of eighteen. Furthermore, the law divides minor employees into three categories: Under Chapter 609, Nevada minors are limited as to the type of work they may do as well as the hours they may work. The law prohibits hiring a minor in certain hazardous occupations, including, but not limited to: The law also formalizes limits on how many hours minors may work. Minors ages 14 and 15 may only work a maximum of three hours per day on school days and up to eight hours on non-school days or days when school is not in session. Minors may work a maximum of 18 hours each week during school weeks and up to 40 hours per week in non-school weeks. Work must be performed outside school hours. Minors ages 16 and 17 are permitted to work more. These employees may work a maximum of nine hours on days when schools are not in session, including holidays and weekends, and up to eight hours on school days. Hours are limited to 48 total hours per week.
Work Permits by Age
For certain kids, the Nevada labor laws require that parents and employers establish work permits before they can legally begin their jobs. There are three situations that require a work permit:
Wherever a work permit is required, a prospective employee must obtain it before beginning work. In the case of persons under 14, the work permit must be obtained by the person’s parent or guardian. For minors aged 14 and 15, the work permit may be obtained by the person’s parent, guardian, or (in some cases) the employer. Parents can obtain a form to fill out from the Department of Business and Industry or from the Division of Industrial Relations. This form must be completed and then signed by the prospective employer. The parent or guardian must then submit the form to the Department of Business and Industry or the Division of Industrial Relations. A separate application must be submitted for every job that requires a work permit. Once processing is complete, the Division of Industrial Relations will send the permit to the employer and the employee’s parent or guardian. This form is then supposed to be posted at the worksite, although fines for a missing work permit are usually not imposed unless there are additional labor law violations. These work permits cannot be obtained in Clark County from the Department of Business and Industry or the Division of Industrial Relations. An employer must contact Clark County’s ClarkWORKS program. Employers who plan to hire minors under 16, teachers who are about to hire minors, and parents who plan to permit their kid to work should confirm whether a work permit is required. The Nevada Public Works Law and other regulations impose strict penalties for violations.
Effects of Work on School
The legal age to work in Nevada for those under 18 years of age is not a standalone issue. Minors must also contend with school attendance requirements, as well as the expectations of parents, schools, and employers. The connection between working and education is of paramount importance, and both factors must be considered when assessing the legal age to work.
Under NAC 392.0406, students must remain in school until they graduate or until they reach the age of 17. In addition, NAC 392.040 mandates that all students attend school on a regular basis (unless otherwise exempted). Absences not founded on just cause or accompanied by parental permission may trigger intervention programs and truancy proceedings to ensure that students are in attendance. Of course, parents and guardians maintain supervisory responsibilities throughout the process .
While the compulsory attendance requirements are based on the need for minors to attend school, the obligations of parents and guardians go further. They are expected to ensure that minors are regularly attending school, and take the necessary steps to assist children in meeting their school obligations. The supervision of school attendance is an accepted duty, which these parties cannot delegate.
Employers must also pay attention to the academic requirements, in order to avoid penalties. However, they are as committed to educating minors as others, and are even willing to balance the demands of a regular class schedule with their work requirements. Employers want to see students succeed, and will work with them to create schedules that do not interfere with their studies. Understanding these issues is important to Nevada employers, the parents of employees, and those who employ minors in the silver state.
Teen Work Considerations for Entertainment Business
When it comes to working in the entertainment industry, Nevada has some special protections and regulations for minors. However, these laws continue to provide that such youth must be at least 14 years old.
An Entertainment Work Permit (EWP) is required, and this is a separate permit from a Regular Work Permit. A parent of the child must file an application for the permit, which includes the child’s name, birthdate, and guardian or parent signature, to the Division of Industrial Relations (DIR) that is in the jurisdiction where the child will be doing the working or performing, or where the child lives. Each type of entertainment work has its own limits. The DIR limits live theater to 15 consecutive days, and this does not apply to movies, TV, filmed theater, or stage shows. For filming, the daily hour limit is 4 hours, whether school is in session or not. In addition, if filming can’t be done when school isn’t in session, the total number of hours per day cannot exceed 8 hours, and the workday and school hours must total no more than 12 hours. These minor entertainment protections are further limited for children under 15 years old, but allow for longer hours for minors over 15. This special entertainment labor standard law also applies to movie theaters, circuses, carnivals, aquariums, petting zoos, seasonal and temporary amusement rides and parks, amusement complexes, and exhibitions.
How Consequences Apply
An employer who violates the minimum age requirements, or fails to comply with the licensing and permitting requirements for those under the age of 18, is subject to civil and in some cases criminal penalties. In addition, because the payment of wages to an employee under 18 years of age is a violation, the employer is not entitled to recover its costs incurred in the employment of the minor.
An employer may be sued by the minor or his or her parents for any damages caused by the employer’s negligence in hiring or retaining the minor. An employer whose employee is under the legal working age may also be liable for damages caused by the employee while acting in the course and scope of his or her employment , if an adult acting as a reasonably prudent person would not have employed the minor.
Parents are not prohibited from bringing minors into business premises where minors are prohibited from working, provided such entry is not solely for the purpose of violating child labor laws. However, a violation of child labor laws will not render the parent criminally liable if the violation is in a restaurant or retail establishment where the parent is the owner or is otherwise the responsible adult.