Of all states in the country, New York’s child labour laws are among the strictest in the nation, intending to protect the health and safety of a child’s workplace.

The child labour laws in New York restrict firms and businesses from employing minors in several aspects, such as the type of work they can be employed for, the number of hours to work, and the days to work.

Anyone under the age of 18 in the country is regarded as a minor, and they have to provide the employer with a working paper before they can be offered a job.

However, in New York, there are different work restrictions based on the minor’s age. These restrictions vary for children under 18 years of age, minors less than 16 years of age, and minors under 14 years of age.

Minors less than 18 years

All minors under 18 years old cannot be allowed to work in critically dangerous companies such as logging, manufacturing, and construction. However, there may be exceptions for trainees, student learners, and apprentices.

Minors between the age of 16 and 17 can work for about four hours on a day that precedes school days, except on holidays and Sundays. They can work as long as eight hours during the holidays and on the weekends (Fridays to Sundays).

Employment Of Minors New York

In a week, they are allowed to work as much as 28 hours spread across six days. When schools are not in session, the laws are relaxed and are more lenient so that they may work as long as 48 hours per week.

These minors are also not allowed to work at midnight or before 6 am. They also can’t work between 10 pm-midnight on a night that precedes a school day without written permission from a guardian or their parents and a certificate from their school to show their satisfactory academic performance. However, 16 and 17-year-olds are allowed to work in factories.

Minors less than 16 years

Minors between the ages of 14 and 15 can do household chores, yard work, and work in offices and stores. However, they are not allowed to work in a factory or be put in any position requiring power-driven machinery.

These minors are also not allowed to work in a facility meant for the mentally disabled or mentally ill people. When school is in session, these minors between 14 and 15 years old can work for three hours and eight hours on a school day and non-school day, respectively.

The work time cannot be earlier than 7 am and later than 7 pm. In a week, they are only allowed to work for a total of 18 hours spread across six days. When the school is closed and not in session, the law is relaxed and more lenient so that they may work as long as 40 hours a week.

Minors less than 14 years

Generally, children less than 14 years old can only work as newspaper carriers, models, or performers. Minors between 12 and 13 years old may be allowed to work outdoors for their parents. They can also work for bridge tournaments as caddies. When they are not in school (during holidays), these minors are allowed to help out their family and relatives to sell farm produce.

School attendance

Minors under 16 require full-time schooling to be employed. A community may require that unemployed minors attend school until the age of 17 or graduate. Once minor graduates from high school, they are not required to attend school anymore, irrespective of age. However, they must have a full-time employment certificate that they tender to an employer until they turn 18.

Employment Of Minors  and Posting provisions

Every employer has to create a schedule for minors and place it in the open. The schedule contains the minor’s work hours and allotted meal times. It is possible to change the work hours, but the changes must be on schedule.

The minor is only allowed to work on the day and time that the schedule indicates. If the employer fails to post a schedule, or the minors are at work at a different time from when the schedule suggests, the employer violates the law guiding child labour.

Review your compliance with the New York child labour law

In New York, employers do not have the need, nor are they under any requirement, to hire people less than 18 years of age. The Human Rights Law in New York starts to prohibit age discrimination from the age of 18.

However, it is crucial to state that there may be local laws in New York that employers may be subject to and have wider age protection.

Yet, most of the other employment requirements in New York apply to minors the same way it does to adult workers. For instance, employers still have to comply with the wage notice requirements of New York State for both adult workers and minors.

When an organization decides to hire a minor, they must ensure that they are complying with all the restrictions set by the New York child labour law in relation to the kind of work they are doing, the total number of hours, and other differences that relate to schooling.

If a company is adjudged to have violated the child labour laws in New York, they are asked to pay fines, and this only increases with more violations. When an employer intentionally violates the child labour law, they are guilty of a misdemeanour, and this may result in jail time and a fine.

Employment Of Minors New York

Child labour laws are created to protect the child and ensure their health and safety. In New York, these laws are stricter than in other states, and compliance is taken very seriously. Violation of the child labour law attracts a fine penalty for the employer, and when these laws are violated intentionally, the employer may face jail term and a fine.

If you need help with the employment of minors, speak to an employment lawyer. We hope you found this guide on the employment of minors in New York helpful.

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