New York Rules on Employing Minors

In New York, no minor may be employed in any trade, business or service without a work certificate or permit except for enumerated occupations during periods when school attendance is not required and farm labor. Certificates are issued by school authorities.

Effective December 20, 2005, an employer of a worker claiming to be between the ages of 18 and 25 who does not present an employment certificate must require from the worker, and must furnish upon demand to the commissioner or an authorized representative, proof of age in the form of a driver's license or other documentation issued by a state or the federal government or a certificate of age issued by an employment certificating official. Proof of age or a legible copy must be kept on file at the workplace.

Minors who are 17 years of age and are employed as counselors, junior counselors, or counselors in training at summer camps for children during the months of June, July and August are exempt from the employment of minors laws.

A student nonfactory employment certificate may be issued to a minor 14 or 15 years of age who is attending day school. The certificate is valid for work in a trade, business or service, but generally not for work in or in connection with a factory.

A student general employment certificate may be issued to a minor 16 or 17 years of age who is attending day school. It is valid for work in or in connection with a factory or any other trade, business or service.

A full-time employment certificate may be issued to a minor 16 or 17 years of age who is not attending day school or who declares his or her intention to leave day school for full-time employment. It is valid for work in or in connection with a factory or any other trade, business or service. A full-time employment certificate also may be issued to a minor who is a graduate of a four-year high school, but if such minor is under 16, the certificate generally will not be valid for work in or in connection with a factory.

A limited employment certificate (issued for a minor with limited physical fitness) is valid for not more than six months from the date of issuance.

No minor between 14 and 18 may engage in street trades (carrying, selling, offering for sale newspapers or periodicals or working as a bootblack) unless a street trades permit has been issued to him or her. Newspaper carriers are exempt from permit requirements. Permits are issued in the same manner as employment certificates, by school authorities.

New York has enacted the Child Performer Education and Trust Act of 2003, to protect child performers who work in and/or reside in the state of New York, to ensure they are provided with adequate education and that a portion of the child performers' earnings are kept in trust until the age of majority. The law requires that 15 percent of the child perfomer's earnings be set aside in trust. In addition, child performers will be required to provide evidence each semester that satisfactory academic performance is being maintained. If a child is unable to meet educational requirements due to employment, the employer must provide a teacher who is certified or has credentials recognized by the state of New York to provide the educational requirements. A child performer may be employed, used or exhibited in any of the exhibitions, rehearsals or performances set forth under the arts and cultural affairs law if a child performer permit has been issued in accordance with the law. A child performer is required to have an employment permit, issued by the department of labor, that includes the true and stage name of the child, the name and address of the child's parent or guardian, written consent of the parent or guardian, and evidence provided by the child each semester demonstrating satisfactory academic performance. A permit does not allow a child to participate in an exhibition, rehearsal or performance that is harmful to the welfare, development or proper education of the child performer. A permit may be revoked by the labor department for good cause. Employment permits for child performers will be valid for six months from the date of issuance. Prior to employing a child performer, employers will be required to register by obtaining a certificate of eligibility to employ a child performer. Employer violators will face civil penalties.