Albuquerque, NM asked in Employment Law, Family Law and Juvenile Law for New Mexico

Q: My child is 16 and working at McDonalds... as his parent can I request to see his work schedule?

I would like to know what rights as the parent I have when my child, who is 16, is working.

1 Lawyer Answer
Trent A. Howell
Trent A. Howell
  • Santa Fe, NM
  • Licensed in New Mexico

A: This is a great question. In general, child laborers 16 and over are not subject to special "work permit" (and associated approval and record) requirements in New Mexico. See, e.g., NM Stat § 50-6-2 (2007). However, because a 16 year old is still a "minor" under New Mexico law, (a) any employment agreement with the child is voidable as a matter of law, and (b) the parent of the child holds the power to sue on behalf of the child. So there are reasons an employer may honor a parent's request for details on the minor's employment.

This is not legal advice to you, but a general idea of the law. Whether and how it applies to you would depend on the details of your employment.

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