New York employers that hire minors should prepare for a significant change to the state’s working papers process. New York has amended the Labor Law and Education Law to shift employment certificates for minors toward a statewide electronic system.
The changes will take effect two years after enactment—expected May 9, 2027. The Department of Labor may adopt rules before then to implement the new system.
Current Working Papers Process
Under current law, minors generally need employment certificates, commonly called “working papers,” to work in New York. 14- to 17-year-olds need working papers to hold a job in New York. These rules generally apply even to high school graduates, minors working for their parents, and minors doing industrial homework.
School districts currently play a central role in issuing these certificates. They are responsible for issuing employment certificates and permits to qualified applicants.
What Will Change in 2027?
The new law creates a statewide “database for the employment of minors”. The NYSDOL will maintain it in consultation with the State Education Department. Information submitted about minors and employers generally will be confidential, though it may be shared for civil or criminal law enforcement purposes.
Employers that hire, employ, or otherwise permit minors under age 18 to work in New York must register in the database. The required employer information will include business locations where minors will work, the number and names of minors employed, and a certified statement that the employer is using minors only in legally permitted positions.
Minors will also have to register in the database. When a minor receives a job offer, the minor must update the certificate or permit in the database to identify that employer. If the minor later works for a different employer, or an additional employer, the registration must be updated.
Employer Recordkeeping
The law preserves an important practical obligation: employers must have the minor’s employment certificate or permit available before employment begins. But the statute recognizes that this may be done physically or electronically. Employer electronic access to the certificate or permit in the NYSDOL database will satisfy the recordkeeping requirement.
Employers will also have to personally confirm that the minor presenting the certificate is the minor named in it. Upon termination of the minor’s employment, employers must destroy any physical or electronic copies of the certificate.
School Role Will Change, But Not Disappear
Although NYSDOL will issue employment certificates electronically, schools will still have a role. The law allows certain school officials—including the New York City schools chancellor, superintendents, district superintendents, and nonpublic secondary school principals—to request revocation of a minor’s employment certificate or permit through the database. Relevant information may include academic performance, attendance, participation in structured school-to-work programs, and materials submitted by the student.
Some Older Categories Are Being Removed
The amendments also repeal several older Education Law provisions, including provisions related to street trades and newspaper carriers. This is consistent with broader updates to New York’s child labor laws, including the elimination of the special newspaper carrier carveout that had historically allowed younger children to work paper routes.
Practical Steps for Employers
Employers that hire minors should not wait until 2027 to review compliance. Before the new portal goes live, employers should identify who within the organization will be responsible for NYSDOL database registration, certificate verification, minor scheduling rules, and record retention.
Employers should also remember that digitizing working papers does not relax New York’s child labor restrictions. Minors may still work only in permitted jobs, during permitted hours, and subject to applicable posting and scheduling requirements. NYSDOL currently reminds employers that they must post schedules for minors showing start and stop times and meal periods.
The 2027 working papers changes are primarily procedural, but they will create new compliance steps for employers. The process should eventually become easier to administer, but only if employers are prepared to use the new electronic system correctly.
For now, employers should continue following the existing working papers process while monitoring NYSDOL and NYSED guidance for details on the 2027 transition.
For more employment law updates, sign up for the Horton Law email newsletter and follow us on LinkedIn.
