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NM · Employer compliance

Hire a minor in New Mexico: 6-step compliance checklist

The federal Fair Labor Standards Act sets a floor; New Mexico adds its own rules. The stricter of the two always wins. This page walks through the six checks every New Mexico employer must complete before a 14-, 15-, 16-, or 17-year-old starts work — sourced from the US DOL New Mexico state page and New Mexico Statutes Annotated §§ 50-6-1 to 50-6-19 (Employment of Children).

Last verified:

Minimum work age

14

State work permit

Required (14–15)

Restricted occupations on file

5

Stricter than federal?

Yes

  1. Verify the minor's age

    Before scheduling the first shift, get documentary proof of the employee’s date of birth. In New Mexico the state work permit (New Mexico Age Certificate) doubles as the age certificate — the issuing authority verifies the birth date when the permit is issued.

  2. Apply the stricter of federal or New Mexico hour caps

    Use the stricter rule for the employee’s age band and school-in-session status. Below are New Mexico’s state-specific caps for the two main age bands.

    Ages 14–15

    School in session

    3 hr / day · 18 hr / week

    07:00 – 19:00

    School out (summer)

    8 hr / day · 40 hr / week

    07:00 – 21:00

    Ages 16–17

    School in session

    8 hr / day · 44 hr / week

    05:00 – 00:00

    School out (summer)

    8 hr / day · 48 hr / week

    05:00 – 00:00

  3. Block hazardous and restricted occupations

    The 17 federal Hazardous Orders (HO-1 to HO-17) prohibit minors under 18 from specific non-agricultural occupations — meat processing, power tools, roofing, mining, certain driving roles, and more. See the full federal HO list.

    New Mexico adds the following restrictions on top of the federal floor:

    • All federal hazardous orders HO-1 through HO-17(29 CFR Part 570)
    • Operating power-driven meat-processing machines(HO-10)
    • Roofing operations and work on or about a roof(HO-16)
    • Door-to-door sales for minors under 16 without adult supervision
    • Sale or service of alcohol for minors under 19

  4. Obtain the New Mexico work permit

    Minors 14-15 apply for an Age Certificate through the NM Department of Workforce Solutions online portal. The minor provides proof of age and parental consent; the certificate is issued electronically and kept on file by the employer. 16- and 17-year-olds do not need a certificate.

    Form
    New Mexico Age Certificate
    Issued by
    New Mexico Department of Workforce Solutions (online)
    Applies to ages
    14–15
    New Mexico permit info page →Download New Mexico work permit (PDF)

    How to apply for the New Mexico work permit →

  5. Post the required notices

    Display the federal FLSA Youth Employment poster and the New Mexico state child-labor poster where employees can see them. Both are free downloads from the US DOL Wage & Hour Division and the New Mexico labor agency. Failure to post is one of the most common citations issued during WHD audits.

  6. Keep records for at least 3 years

    Federal FLSA §11(c) sets a 3-year minimum for payroll, hours, age verification, and (where applicable) the New Mexico work permit. Many states require longer retention specifically for minor-employment documents — typically until 3 years after the minor turns 18. Keep: payroll + hours, age verification, the state permit, parental consent forms (where applicable), and any time-off / training records.

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