N.M. Admin. Code § 11.1.4.7

Current through Register Vol. 35, No. 21, November 5, 2024

Section 11.1.4.7 - DEFINITIONS

A. "Certified teacher" means any person with a valid and current New Mexico teaching certificate issued by the New Mexico public education department or its equivalent in the United States.

B. "Child performer" means a minor person employed to act or otherwise participate in the performing arts, including but not limited to motion pictures, theatrical, radio, or television products.

C. The definitions of "employee" and "employer" that apply to these rules are set forth in Sections 50-4-1 and 50-4-21 NMSA 1978 and are incorporated herein by reference.

D. "Employ" includes suffer or permit to work.

E. "Entertainment industry" means an employer including, but not limited to, any organization or individual using the services of any minor in: motion pictures of any type, using any format including theatrical film, commercial, documentary, and television program, or similar format by any medium including photography, recording, modeling, theatrical productions, publicity, and any performances where minors perform or entertain.

F. "Forepersons, superintendents and supervisors", as used in Section 50-4-1(C)(2) of the Minimum Wage Act means an employee who meets all of the following requirements:

(1) their primary duty is to perform non-manual work related to management of the business;

(2) they are to exercise discretion;

(3) they regularly assist executives or perform specialized work or special assignments; and

(4) they perform less than twenty percent manual work;

G. "Good cause" means a substantial reason, one that affords a legal excuse, a legally sufficient ground or reason.

H. "Legal guardian" means a person appointed as a guardian by a court or Indian tribal authority.

I. "Labor commissioner" and "director of the labor and industrial division", as used in Articles 1, 4, and 6 of Chapter 50 NMSA are synonymous with the current designation used by NMDWS of "director, labor relations division".

J. "Minor" means any person under the age of 18 years.

K. "Person", as used in these rules, means an individual person.

L. "Place of employment", "work location", "movie set", "set", and "location" mean the actual work site where any person provides services in New Mexico as a performer, paid or non-paid.

M. "Resolution phase" means one or more of the procedures set forth in 11.1.4.107 to 11.1.4.109 NMAC.

N. "Safety" means the conditions of being protected from any situation that is detrimental to the child's health and well-being.

O. "Wages" as defined in Section 50-4-1 NMSA 1978, which definition is incorporated herein by reference. Vacation pay and other forms of pay for time that is not worked are included in the definition of "wages" if such pay is compensation for labor or service rendered pursuant to the employer's written policy.

P. "Wage claimant" or "claimant" is the individual employee on behalf of whom a wage claim is filed.

Q. "Work permit" is a permit to allow a child under the age of 16 to be able to work under certain conditions and issued by a designated school official or a representative of the LRD.

R. "Written authorization" means a document an employee signs at the time of hiring or prior to the taking of a particular deduction, giving the employer permission to deduct certain items from the employee's pay. A written authorization is needed for an employer to deduct an advance or over-payment of wages, however, the employer must pay at least minimum wages times the hours worked to the employee.

N.M. Admin. Code § 11.1.4.7

8/15/98; 11.1.4.7 NMAC - Rn & A, 11 NMAC 1.4.7, 06/30/08, Adopted by New Mexico Register, Volume XXVIII, Issue 21, November 14, 2017, eff. 11/14/2017