2012 New York Consolidated Laws
LAB - Labor
Article 4 - (130 - 145) EMPLOYMENT OF MINORS
132 - Employment of minor sixteen or seventeen years of age.


NY Lab L § 132 (2012) What's This?
 
    §  132.  Employment  of minor sixteen or seventeen years of age. 1. No
  minor sixteen or seventeen years of age  shall  be  employed  in  or  in
  connection  with  any  trade,  business, or service when attendance upon
  instruction is required by the education law  or  in  violation  of  the
  employment certificating provisions of the education law.
    2.  A  minor  sixteen  or seventeen years of age may be employed if he
  presents an employment certificate or permit issued in  accordance  with
  the education law.
    3. Exceptions:
    a.  When  attendance upon instruction is not required by the education
  law, a minor sixteen or seventeen years of age may be  employed  without
  an employment certificate or permit in the following occupations:
    (1) Work on a farm;
    (2) Caddy service on a golf course;
    (3) Service as a baby sitter staying with and at the home of a younger
  child  or  children  with  or  without the presence at such home of such
  child's or children's parents or guardians;
    (4) Casual employment consisting of yard work and household chores  in
  and  about  a  residence or the premises of a non-profit, non-commercial
  organization, not involving the use of power-driven machinery other than
  power-driven machinery ordinarily used in such yard  work  or  household
  chores;
    (5) Caddie service at a bridge tournament;
    (6)  Work  for  his parents or guardians at outdoor work not connected
  with or for any trade, business, or service.
    b. Nothing in this section, or the hours of work requirements of  this
  chapter,  shall  apply to a newspaper carrier in compliance with section
  thirty-two hundred twenty-eight of the education law.
    c. Nothing in this section shall prohibit the employment  of  a  minor
  sixteen  or  seventeen  years of age during the school lunch period in a
  school cafeteria at the school which the  minor  attends  if  the  minor
  presents  an  employment  certificate  issued  in  accordance  with  the
  education law.
    d. Nothing in  this  section  shall  be  construed  to  apply  to  the
  employment of a minor sixteen or seventeen years of age as a child model
  in compliance with section 35.05 of the arts and cultural affairs law.
    e.  Notwithstanding any other provision of this chapter, an employment
  certificate or permit shall not be required for a student sixteen  years
  of  age  or  over  who  is  in attendance at a recognized institution of
  higher  learning  and  who  is  employed  by  a  non-profit  college  or
  university  or  by a college or university fraternity, sorority, student
  association or faculty association.
    f. Nothing  in  this  section  shall  be  construed  to  prohibit  the
  employment of a minor seventeen years of age as an election inspector or
  poll  clerk pursuant to section 3-400 of the election law, or to require
  an employment certificate or permit therefor.
    4. Nothing in this section shall be construed to permit the employment
  of a  minor  sixteen  or  seventeen  years  of  age  in  any  occupation
  prohibited by section one hundred thirty-three of this chapter.
    5.  Nothing  contained  in this section shall prevent the rendering of
  services for the public good by a minor of sixteen  or  seventeen  years
  pursuant  to  section seven hundred fifty-eight-a or 353.6 of the family
  court act.

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