NM · child performers
New Mexico minor entertainment work permit
Federal FLSA exempts child performers from the federal age and hour minimums (29 USC § 213(c)(3); 29 CFR § 570.122), leaving the regulation to each state. New Mexico runs a dedicated minor-entertainment framework with a state-issued permit, age-banded time-on-set caps, and on-set requirements. Below is the full New Mexico framework, drawn from the state labor code and the issuing agency's guidance.
Quick facts
- Permit required
- Yes
- Min performer age
- No minimum
- Studio teacher
- Not required by state
- Trust account
- Required (15% of gross)
- Last verified
The Child Performer Authorization (variance from standard rules)
Issued by: New Mexico Department of Workforce Solutions
New Mexico requires the permit before a minor performer reports to set. Pre-production notice to the state labor agency is the first step; the permit is tied to the individual minor, not the production, so a minor on multiple productions needs the permit current for each engagement.
How New Mexico actually enforces this
New Mexico requires 15% of a child performer's gross earnings from in-state motion-picture, TV, or theatrical production work to be deposited in a blocked trust account (Coogan-equivalent), accessible to the minor at age 18. The Department of Workforce Solutions may issue a written authorization for hours exceeding the standard 14-15-year-old daily and weekly caps when a minor is engaged in entertainment-industry work, conditioned on continued schooling. New Mexico does not statutorily mandate a certified studio teacher, though productions filming during compulsory-attendance hours generally employ one. Verify current trust-account procedure and authorization requirements with the NM Department of Workforce Solutions before production starts.
Citation
NMSA 1978 §§ 50-6-1 to 50-6-19 (Employment of Children); New Mexico child performer trust account provisions