On May 29, 2024, New York Governor Kathy Hochul unveiled her anticipated Youth Workers Bill of Rights. Announced during her 2024 State of the State address, this initiative seeks to better inform young workers about their rights and protections in their workplaces. This initiative does not impose affirmative new obligations on employers. But that does not mean it won’t have serious consequences.

The Youth Workers Bill of Rights is available for download here.

Essential Protections for Young Workers

The Youth Workers Bill of Rights doesn’t create new legal protections. Instead, it’s an informational resource that outlines several key protections for young employees, including:

• Minimum Wage Assurance: Ensuring that young workers are paid at least the state-mandated minimum wage.
• Anti-Discrimination Measures: Creating a workplace free from discrimination and harassment.
• Safe Working Conditions: Maintaining a safe and healthy work environment.
• Protection Against Retaliation: Allowing young workers to file complaints without fear of reprisal.

Employers may already have existing notice requirements regarding these topics, such as through minimum wage and employment discrimination rights posters. But this new document will likely increase the chance that minors and their parents are aware of the legal parameters of the workplace.

Access and Distribution

The Youth Workers Bill of Rights will be provided with working papers that minors typically obtain through their schools. In addition to increasing the likelihood that employees know their rights, this initiative may also lead the Department of Labor to raise its expectations regarding employer compliance. Again, nothing has changed in the law. However, the DOL may exercise its enforcement discretion differently following efforts to increase knowledge and awareness of the legal requirements.

The Youth Worker Information Hub

The New York State Department of Labor has also introduced a Youth Worker Information Hub. A comprehensive educational resource, this hub provides detailed information on topics such as:

• Permissible Working Hours: Guidelines on the allowed working hours for minors.
• Minimum Wage Compliance: Ensuring adherence to wage laws.
• Restricted Occupations: Identifying jobs that are prohibited for those under 18.

According to the State, this resource is part of a larger administrative effort to address rising child labor violations and ensure young workers are treated fairly and lawfully.

Building on Previous Efforts

These developments build on Governor Hochul’s 2023 measures to tackle child labor issues, including the creation of an interagency Child Labor Task Force and the Protect Youth Workers Pledge for businesses.

What To Do for Your Business

The Youth Workers Bill of Rights was strategically launched with summer approaching. With schools out, an influx of young people enter the workforce–many for the first time. Review of the Youth Workers Bill of Rights provides a good start for employers looking to avoid child labor violations–many of which are incredibly nuanced and non-obvious.

Here are some steps you may want to take in response to these new NYS initiatives:

1. Educate Yourself: Ensure you and your team are familiar with the key protections and guidelines outlined in the Youth Workers Bill of Rights.
2. Inform Your Employees: Distribute the Youth Workers Bill of Rights to your staff, particularly those involved in hiring and managing young workers.
3. Utilize Available Resources: Make use of the Youth Worker Information Hub for guidance on compliance and best practices.
4. Update Workplace Policies: Review and update your workplace policies to ensure they align with the applicable standards and avoid potential violations.

By taking these proactive steps, businesses can help protect young employees and themselves, while cultivating a positive, supportive work environment.

For more information and resources, visit the NYS Youth Worker Information Hub.

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