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- 83rd Session (2025)
Assembly Bill No. 215–Assemblymembers
Monroe-Moreno, Hibbetts and Moore
CHAPTER..........
AN ACT relating to employment; revising provisions relating to the
employment of children; providing penalties; and providing
other matters properly relating thereto.
Legislative Counsel’s Digest:
The federal Fair Labor Standards Act and existing state law establish certain
standards relating to the employment of children. (29 U.S.C. § 212, 29 C.F.R. Part
570; chapter 609 of NRS) When such federal and state standards ar e different, the
standards that provide the most protection to children apply. (29 U.S.C. § 218)
With certain exceptions, both existing federal and state law restrict the daily and
weekly number of hours worked in authorized employment by children who are 14
and 15 years of age. (29 C.F.R. § 570.35; NRS 609.240) In part, existing state law
prohibits children who are 14 and 15 years of age from being employed, subject to
certain exceptions, more than 48 hours in any 1 week . (NRS 609.240) Section 2 of
this bill reduces the maximum allowable number of weekly work hours under this
prohibition to 40 hours in any 1 week. With the exception of working as certain
messengers, existing state law does not place restrictions on the times of day
worked in auth orized employment by children who are 14 years of age and older
and under 18 years of age. (NRS 609.230, 609.240) However, existing federal law
limits the times of day worked in authorized employment by children who are 14
and 15 years of age to 7 a.m. to 7 p.m., except between June 1 and Labor Day when
the evening hours are extended to 9 p.m. (29 C.F.R. § 570.35) Section 2 prohibits,
with certain exceptions, work between 11 p.m. and 6 a.m. on any night immediately
preceding a school day by a child who is: (1) enrolled in high school at a public or
private school; (2) 16 years of age or older and under 19 years of age; and (3) not
emancipated. Section 2 exempts from this time restriction the employment of a
child as a lifeguard, employee of an arcade or sta ge or theatrical performer. Section
2 authorizes a school district or other governing body of the high school or juvenile
court to grant an exemption from this time restriction in certain circumstances.
A person who violates the prohibitions relating to t he employment of children:
(1) is guilty of a misdemeanor, which is punishable by imprisonment in the county
jail for not more than 6 months, or by a fine of not more than $1,000, or by both
fine or imprisonment; and (2) may be liable for certain civil pen alties. (NRS
193.150, 609.650, 609.652) These penalties apply to persons who violate the
maximum allowable number of weekly work hours or time restrictions in section 2.
Section 1.7 of this bill provides that a person who violates any provision of the
federal Fair Labor Standards Act, or any regulation adopted pursuant thereto,
relating to the hours of work and conditions of employment permitted for a child
under 16 years of age is subject to these penalties.
Existing law requires every employer in this State to conspicuously post on the
premises where any person is employed a printed abstract, furnished by the Labor
Commissioner, of the provisions relating to compensation, wages and hours of
employment. (NRS 6 08.013) Section 1.3 of this bill requires the Labor
Commissioner to prepare an abstract of the provisions relating to the employment
of children and post the abstract to the Internet website maintained by the Office of
Labor Commissioner. Section 1.3 also requires the Labor Commissioner to include
the abstract relating to the employment of children in a two -dimensional bar code,
commonly known as a QR code, or other machine -readable bar code used for
storing an Internet address, in the abstract relating to compensation, wages and
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- 83rd Session (2025)
hours of employment that the Labor Commissioner is required to furnish to every
employer in this State.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 609 of NRS is hereby amended by adding
thereto the provisions set forth as sections 1.3 and 1.7 of this act.
Sec. 1.3. The Labor Commissioner shall:
1. Prepare an abstract of this chapter;
2. Post the abstract on the Internet website maintained by the
Office of Labor Commissioner; and
3. Include the abstract in a two -dimensional bar code,
commonly known as a QR code, or other machine -readable
barcode used for storing an Internet address, in any abstract
furnished to an employer pursuant to NRS 608.013.
Sec. 1.7. A violation of any provision of the federal Fair
Labor Standards Act of 1938, 29 U.S.C. §§ 201 et seq., or any
regulation adopted pursuant thereto, including, without limitation,
29 C.F.R. Part 570, relating to the hours of work and conditions of
employment permitted for a child under 16 years of age shall be
deemed to be a violation of this chapter.
Sec. 2. NRS 609.240 is hereby amended to read as follows:
609.240 1. No child unde r the age of 16 years may be
employed, permitted or suffered to work at any gainful occupation,
other than employment as a performer in the production of a motion
picture or work on a farm, more than [48] 40 hours in any 1 week,
or more than 8 hours in any 1 day.
2. Except as otherwise provided in this subsection and NRS
609.230, no child may be employed, permitted or suffered to work
at any gainful occupation, other than employment as a lifeguard,
employee of an arcade, stage or theatrical performer or performer
in the production of a motion picture or work on a farm, between
11 p.m. and 6 a.m. on any night immediately preceding a school
day if the child:
(a) Is enrolled in high school at a public or private school;
(b) Is 16 years of age or older and under 19 years of age; and
(c) Is not declared emancipated pursuant to NRS 129.080 to
129.140, inclusive.
A school district or other governing body of the high school or
juvenile court may grant an exemption from the restrictions of this
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subsection if the school district, governing body or juvenile court,
as applicable, determines the exemption is in the best interest of
the child.
3. The presence of a child in any establishment during working
hours is prima facie evidence of employment of the child therein.
4. As used in this section:
(a) “Private school” has the meaning ascribed to it in
NRS 394.103.
(b) “Public school” has the meaning ascribed to it in
NRS 385.007.
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