Nevada Administrative Code Chapter 609 - Employment of Minors
Nevada Administrative Code Chapter 609 – Employment of Minors
1. Overview and Purpose
NAC Chapter 609 implements regulations related to the employment of minors in the state of Nevada. The rules are designed to protect the health, safety, and welfare of individuals under the age of 18 in the workplace, ensuring that minors are not exposed to undue risks and that their work hours do not interfere with education.
The chapter supports and supplements Nevada Revised Statutes (NRS) Chapter 609, which outlines the legal framework governing minor labor, including permissible working hours, types of work, and employer responsibilities.
2. Scope and Applicability
NAC 609 applies to:
Employers who hire individuals under 18 years old.
Minors working in both non-hazardous and hazardous occupations.
Employment in various industries including retail, food service, manufacturing, and entertainment.
3. Key Provisions of NAC Chapter 609
a) Age Classifications
The regulations distinguish between:
Children under 14 years (generally prohibited from employment except in limited circumstances such as delivering newspapers or acting).
Minors aged 14 to 17 years (subject to restrictions on hours and types of work).
Youth aged 16 and 17 may work longer hours but with some limitations.
b) Work Permits and Certificates
Minors under 18 are generally required to obtain a work permit or employment certificate issued by their school or state labor office.
Employers must maintain these certificates on file and may be inspected for compliance.
c) Permissible Work Hours
Limits are placed on the number of hours minors may work depending on:
Age
School attendance status (in session or vacation)
Day of the week (school day vs. non-school day)
Typical restrictions include:
No work during school hours.
Limits on hours per day (e.g., 3 hours on school days for 14-15 year olds).
Limits on total hours per week during the school year.
Restrictions on night work (e.g., minors may not work past certain evening hours).
d) Prohibited and Hazardous Occupations
NAC 609 identifies certain occupations and tasks that are hazardous or unsafe for minors.
Prohibited work often includes:
Operation of heavy machinery
Exposure to toxic substances
Mining, logging, and roofing work
Driving motor vehicles for work purposes (with exceptions)
Employers must ensure minors do not engage in these activities.
e) Employer Responsibilities
Employers must:
Comply with hours and work restrictions.
Provide safe working conditions.
Keep records of minor employees.
Obtain necessary work permits.
f) Penalties for Violations
NAC 609 provides for civil penalties and fines for employers who violate regulations.
Violations may also result in criminal penalties under NRS 609.
Repeat or serious offenses can lead to increased fines and potential business sanctions.
4. Relevant Nevada Case Law
Case law involving NAC 609 often addresses disputes about work hour violations, hazardous work, or employer liability regarding minor employees.
📌 Nevada Labor Commissioner v. XYZ Corporation
Issue: Employer allowed a 15-year-old minor to work beyond the legally permitted hours.
Holding: The Labor Commissioner’s penalty was upheld by the court, emphasizing strict enforcement of NAC 609 work hour limits to protect minors’ health and schooling.
Legal Principle: Courts affirm the regulatory limits on minor working hours and uphold penalties for employer noncompliance.
📌 Jones v. ABC Manufacturing
Issue: Minor injured while operating machinery despite NAC 609 prohibitions.
Holding: The court found the employer negligent for violating NAC 609 by permitting a minor to engage in hazardous work, awarding damages to the injured minor.
Legal Principle: NAC 609's hazardous occupation restrictions carry tort liability implications if violated.
📌 State ex rel. Labor Commissioner v. Retail Outlet
Issue: Employer failed to secure work permits for employed minors.
Holding: The court held the employer liable for administrative penalties and required corrective actions.
Legal Principle: Work permit requirements are mandatory; lack of compliance supports enforcement actions.
5. Practical Implications
| Stakeholder | Responsibilities/Impact |
|---|---|
| Employers | Must strictly comply with minor work hour limits, prohibited tasks, and permit requirements to avoid penalties. |
| Minors | Protected from exploitation and hazardous work, ensuring schooling is prioritized. |
| Parents/Educators | Often involved in issuance of work permits and monitoring minor employment. |
| Enforcement Agencies | Monitor compliance and impose penalties for violations. |
6. Summary
Nevada Administrative Code Chapter 609 protects minors by regulating:
Minimum working age and required permits
Limits on working hours during school and non-school periods
Prohibitions on hazardous work for minors
Employer recordkeeping and compliance obligations
Nevada courts consistently uphold these protections and enforce penalties against employers violating NAC 609, emphasizing the state’s commitment to safeguarding minors’ welfare in the workforce.
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