Revises provisions relating to employment. (BDR 53-132)
Summary
AB 215 revises Nevada’s child labor laws by tightening limits on when and how long minors may work. For children under 16, the bill lowers the maximum weekly work limit from 48 hours to 40 hours while keeping the existing 8-hour daily limit. It also adds a new restriction for certain high school students who are 16 or older but under 19 and not emancipated, generally prohibiting work between 11 p.m. and 6 a.m. on nights immediately before a school day.
The bill includes exceptions for certain jobs and circumstances. The overnight restriction does not apply to lifeguards, arcade employees, stage or theatrical performers, or performers in motion pictures, and school districts, other governing bodies of a high school, or juvenile courts may grant exemptions if doing so is in the child’s best interest. AB 215 also requires the Labor Commissioner to prepare and post an online abstract of child labor provisions and to include a QR code or similar machine-readable link in the employer notice already required under state law.
AB 215 also expands enforcement by making violations of federal Fair Labor Standards Act child labor rules, and related federal regulations on hours and conditions for children under 16, a violation of Nevada law as well. That means the state’s misdemeanor penalties and civil penalties for child labor violations can apply to conduct that violates the federal standards governing younger workers. In effect, the bill aligns state enforcement more closely with federal child labor protections and increases the reach of state penalties.
The overall sentiment around the bill appears strongly supportive. It passed the Assembly unanimously and the Senate with only three no votes, suggesting broad bipartisan agreement on strengthening protections for minors. The bill’s focus on school-night work limits and clearer posting requirements likely contributed to its favorable reception.
The main points of contention, to the extent reflected in the vote, appear to be the added restrictions on teen work schedules and the extension of state penalties to federal child labor violations. Potential concerns would center on employer compliance burdens, reduced scheduling flexibility for businesses that employ teenagers, and the scope of exemptions and discretionary waivers for schools and juvenile courts. Even so, the limited opposition indicates these concerns were not enough to generate significant resistance.
Impact
AB 215 amends Chapter 609 of the Nevada Revised Statutes governing child labor. It lowers the weekly work-hour cap for children under 16, adds a school-night curfew for certain older minors, and makes violations of federal child labor hour-and-condition rules enforceable under state law through existing misdemeanor and civil penalty provisions. It also requires the Labor Commissioner to publish child labor guidance online and incorporate a QR code or other machine-readable link into employer notices, affecting employers, the Labor Commissioner, and minors covered by state and federal child labor protections.
Sentiment
The bill appears to have enjoyed broad support and little organized opposition. It passed the Assembly 42-0 and the Senate 18-3, indicating a generally favorable view of the measure across both chambers. The vote totals suggest lawmakers largely agreed that the bill strengthens protections for working minors and improves notice and enforcement.
Contention
The likely areas of contention are the tighter limits on teen work hours, especially the reduction from 48 to 40 weekly hours for children under 16 and the new prohibition on late-night work before school days for certain high school students. Employers may view these changes as limiting staffing flexibility, while supporters likely see them as necessary child welfare and school-attendance protections. Another possible point of debate is the bill’s incorporation of federal Fair Labor Standards Act violations into state penalties, which broadens enforcement and could raise compliance concerns for businesses. The bill addresses some flexibility concerns through exemptions for lifeguards, arcade workers, theatrical performers, motion picture performers, and case-by-case waivers by school or juvenile authorities.