Tag: child labor

Youth Worker Bill of Rights

New York Youth Workers Bill of Rights

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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New York Child Labor Laws

New York Child Labor Laws

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.