New York State has some of the strictest laws in the country to protect child workplace health and safety. New York’s child labor laws restrict the employment of minors in the aspects of hours worked, days worked, and type of work.
A minor is an individual under age 18. All minors must provide working papers to get a job. New York State has different work restrictions for minors based on age.
Minors under 18
Individuals under age 18 cannot work in dangerous industries such as construction, manufacturing, and logging. However, there are exceptions for apprentices, student-learners, and trainees.
Minors between 16 and 17 years old can work up to four hours on any day preceding a school day, other than Sundays or holidays. They can work up to eight hours a day on Fridays, Saturdays, Sundays, and holidays. These minors can work up to 28 hours and six days in a week. The laws are more lenient when school is not in session, when they may work up to 48 hours in a week.
Minors of this age cannot work between midnight and 6 a.m. They cannot work between 10 p.m. and midnight on any night before a school day unless they obtain written permission from their parent and a certificate showing satisfactory academic standing from their school.
Sixteen- and 17-year-olds can work in factories.
Minors under 16
Fourteen- and 15-years-olds may perform work such as yard work, household chores, and work in stores or offices. They may not work in factories or in any position where they would use power-driven machinery. Minors of this age also cannot work in facilities for the mentally ill or mentally disabled.
When in school, 14 and 15-year-olds can work up to three hours on a school day and eight hours on a non-school day between 7 a.m. and 7 p.m. They may work up to six days and 18 hours a week. Again, the rules differ when school is not in session. Then they may work up to 40 hours per week.
Minors under 14
Generally, children under 14 may only work as performers, models, or newspaper carriers.
Twelve and 13-year-olds may do outdoor work for their parents and work as caddies for bridge tournaments. When not in school, minors at this age may also assist their relatives in selling farm produce.
Review Your Child Labor Law Compliance
Many New York employers are not required to hire anyone under the age of 18. The New York State Human Rights Law only prohibits age discrimination beginning at that age. (However, employers in New York City may be subject to a local law with broader age protections.) Yet, most other employment requirements apply equally to minors as to adult workers. For example, employers must still comply with New York’s wage notice requirements.
Organizations that choose to hire anyone under the age of 18 must ensure they are cooperating with legal restrictions on the type of work, time worked, and limitations that differ when school is in session.
The penalties for violating New York’s child labor laws include fines that increase with additional violations. An employer who knowingly violates a child labor law is guilty of a misdemeanor, which can result in a fine and jail time.
The New York State Department of Labor provides a poster summarizing the state’s child labor laws here.