Employing Minors in New York State
Summer is around the corner, bringing warmer weather and the end of the school year. Many employers, including summer camps, will be looking to hire minors for summer employment, and it is key for employers to comply with New York’s child labor laws.
Working Papers
All minors between the ages of 14-17 must provide “working papers” prior to their first day of work. Minors obtain working papers by filling out and submitting New York State’s application form with a New York State doctor’s note or certificate of physical fitness.
Minors residing in New York State may apply for working papers through their local public school guidance office or school district.
Minors who live out of state, but are working for a New York employer, may contact the school district in which the employer is located to arrange for New York State working papers.
Employers are required to keep working papers on file, at the location where the minor is employed, for as long as the minor remains employed.
Working Hours
Employers must also be mindful when scheduling minors for work. From June 21 until Labor Day, when school is not in session, minors may only work a maximum of eight (8) hours per day and six (6) days per week. Minors who are 14-15 years old are only permitted to work 40 hours per week between the hours of 7am-9pm, and minors aged 16-17 are permitted to work a maximum of 48 hours per week between 6am-Midnight.
Employers must post work schedules for minor employees and adhere to the hour regulations.
Work Eligibility
Minors, like all employees, need to complete the I-9 verification process with forms signed by their parent(s) or guardian(s).
The employment of minors requires strict adherence to New York’s laws on child labor. Employers should start taking steps now to ensure their compliance for summer employees.
If you have any questions or concerns about New York’s child labor laws, please contact Chaim Book at cbook@booklawllp.com, Sheryl Galler at SGaller@booklawllp.com, or Nadav Zamir@booklawllp.com.