A child over the age of fourteen years and under the age of sixteen years shall not be employed or permitted to labor at any gainful occupation without procuring and filing a work permit unless otherwise provided for in the Child Labor Act.
History: Laws 1925, ch. 79, § 2; C.S. 1929, § 80-107; 1941 Comp., § 57-502; 1953 Comp., § 59-6-2; Laws 1973, ch. 115, § 2; 2007, ch. 257, § 5.
Cross references. — For the issuance of work permits, see 50-6-7 NMSA 1978.
The 2007 amendment, effective June 15, 2007, provided that children between fourteen and sixteen years of age cannot be employed without a permit.
The Workers' Compensation Act covers adults and minors of the age of sixteen and over. Benson v. Export Equip. Corp., 1945-NMSC-044, 49 N.M. 356, 164 P.2d 380.
Exclusive remedy provided by Workers' Compensation Act. — The Workers' Compensation Act (Section 52-1-1 NMSA 1978 et seq.) provides an exclusive remedy so that no right of action for injuries exists under the common law where a minor who was legally employed before reaching sixteen years of age was injured after reaching that age when provisions of the Workers' Compensation Act were applicable to him. Benson v. Export Equip. Corp., 1945-NMSC-044, 49 N.M. 356, 164 P.2d 380; Boyd v. Permian Servicing Co., Inc., 1992-NMSC-013, 113 N.M. 321, 825 P.2d 611.
Workers' Compensation Act does not apply when minor illegally employed. — The Workers' Compensation Act (Section 52-1-1 NMSA 1978 et seq.) contains no specific language bringing illegally employed minors within its terms, and so an illegally employed minor may pursue a common-law action against his employer for injuries sustained during such employment. Maynerich v. Little Bear Enters., Inc., 1971-NMCA-079, 82 N.M. 650, 485 P.2d 984.
Employment contract of a illegally employed minor is at least voidable, giving that minor employee the right to pursue a common-law action against the employer if the minor is injured in the employment. Howie v. Stevens, 1984-NMCA-052, 102 N.M. 300, 694 P.2d 1365, cert. quashed, 102 N.M 293, 694 P.2d 1358 (1985).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 43 C.J.S. Infants § 99.
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