No child under fourteen years of age shall be employed or permitted to labor at any gainful occupation unless otherwise provided for in the Child Labor Act [Chapter 50, Article 6 NMSA 1978].

History: Laws 1925, ch. 79, § 1; C.S. 1929, § 80-106; 1941 Comp., § 57-501; 1953 Comp., § 59-6-1; Laws 1973, ch. 115, § 1; 2007, ch. 257, § 4.

Cross references. — For children over age twelve permitted to sell or deliver newspapers, see 50-6-16 NMSA 1978.

For constitutional provision regarding child labor, see N.M. Const., art. XX, § 10.

For Compulsory School Attendance Law, see 22-12-1 NMSA 1978 et seq.

The 2007 amendment, effective June 15, 2007, provides that the Child Labor Act controls the employment of children under the age of fourteen years.

When employment permitted. — During hours of the day when school is not in session a child under age 14 may be employed if a permit is given therefor pursuant to Section 50-6-7 NMSA 1978, but he may not be employed under any conditions during hours when school is in session. 1944 Op. Att'y Gen. No. 44-4479 (rendered under prior law).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 48A Am. Jur. 2d Labor and Labor Relations § 3808 et seq.

Constitutionality of Child Labor Law, 12 A.L.R. 1216, 21 A.L.R. 1437.

Construction and application of Child Labor Law as regards exhibitions or entertainments by children, 72 A.L.R. 141.

What is manufacturing establishment within meaning of child labor laws, 96 A.L.R. 1353.

Constitutionality of statute or ordinance relating to child labor in streets, 152 A.L.R. 579.

Inclusion or exclusion of day of birth in computing one's age, 5 A.L.R.2d 1143.

Nonprofit charitable institutions as within operation of labor statutes, 26 A.L.R.2d 1020.

Liability insurer's duty to defend action as affected by illegal employment of children, 50 A.L.R.2d 487.

Master's liability to servant injured by farm machinery, 67 A.L.R.2d 1120.

Workers' compensation statute as barring illegally employed minor's tort action, 77 A.L.R.4th 844.

43 C.J.S. Infants § 99.