2012 New York Consolidated Laws
LAB - Labor
Article 4 - (130 - 145) EMPLOYMENT OF MINORS
143 - Hours of work for minors sixteen and seventeen years of age.

 
    § 143. Hours of work for minors sixteen and seventeen years of age. 1.
  When  school  is  in session, no minor sixteen or seventeen years of age
  enrolled in a daytime school, other than  a  part-time  or  continuation
  school, shall be employed:
    a.  (i)  More than four hours on any day preceding a school day, other
  than on a Sunday or holiday; (ii) except that  students  enrolled  in  a
  cooperative  work  experience  program  approved  by  the  department of
  education may be employed  for  no  more  than  six  hours  on  any  day
  preceding a school day, other than on a Sunday or holiday, if such hours
  of employment occur solely pursuant to such program. Any hours worked by
  students  in such programs shall be included when calculating the number
  of hours worked for purposes of subparagraph (i) of this paragraph;
    b. More than eight hours on a Friday, Saturday, Sunday or holiday;
    c. More than twenty-eight hours a week;
    d. More than six days a week;
    e. After ten o'clock at night on any day preceding a  school  day,  or
  after  midnight  on any day preceding a school day provided the employer
  receives and maintains both the written consent of the minor's parent or
  guardian and a certificate which shall be provided to  the  employer  at
  the  end of each marking period by the minor's school which shall assert
  that such minor is in satisfactory academic standing  according  to  the
  standards in such school district;
    f.  After  ten  o'clock at night on any day preceding a non-school day
  or, if the employer receives and maintains the written  consent  of  the
  minor's parent or guardian, after midnight; or
    g. Before six o'clock in the morning.
    2.  When school is not in session, no minor sixteen or seventeen years
  of age shall be employed:
    a. More than eight hours a day, except that for the purpose of  making
  one  or  more shorter work days or a holiday in a week, such persons may
  be employed up to ten hours on any one day of the week, and  nine  hours
  on any of four other days, but not in excess of forty-eight hours in any
  such week;
    b. More than forty-eight hours a week;
    c. More than six days a week; or
    d. After twelve midnight or before six o'clock in the morning.
    3.  A minor sixteen or seventeen years of age who is not enrolled in a
  daytime school  when  school  is  in  session  shall  be  covered  under
  subdivision two of this section.
    4.  This  section shall not apply to a newspaper carrier as defined in
  section thirty-two hundred twenty-eight of the education law whose hours
  of work are governed by such section, a farm laborer, a child  performer
  whose  employment  is governed by section 35.01 of the arts and cultural
  affairs law and article four-A of this  chapter,  a  child  model  whose
  employment is governed by section 35.05 of the arts and cultural affairs
  law,  a bridge caddie at a bridge tournament or a baby sitter as defined
  in section one hundred thirty-one of this chapter or  a  seventeen  year
  old    minor    employed   as   a   counselor,   junior   counselor   or
  counselor-in-training at a camp for children during the months of  June,
  July and August.
    5.  a.  The provisions of paragraphs b, c and d of subdivision one and
  paragraphs a, b and c of subdivision two of this section shall not apply
  to (i) employment solely  as  a  singer  or  performer  in  a  hotel  or
  restaurant;  (ii) employment in a resort or seasonal hotel or restaurant
  in a rural community and in a city and village having  a  population  of
  less  than  fifteen  thousand inhabitants, excluding that portion of the
  population of a third class city residing outside of its corporation tax
  district where such city embraces the entire area of a former  township.

  As  used in this subdivision, the term "resort" applies to such hotel or
  restaurant which operates for not more than  four  calendar  months  and
  fifteen days in each year, and the term "seasonal" applies to such hotel
  or  restaurant in which the number of employees is increased by at least
  one hundred  percent  from  the  slack  to  the  busiest  season;  (iii)
  employment  in  or  in  connection  with  a  beauty parlor in cities and
  villages having  a  population  of  less  than  fifteen  thousand;  (iv)
  employment  in  or  in connection with a mercantile establishment during
  the following periods: (A) from the eighteenth day of  December  to  the
  following twenty-fourth day of December, inclusive; or (B) for any seven
  consecutive  days  during  the period from the fourth day of December to
  the following twenty-third day of December, inclusive,  selected  by  an
  employer by filing written notice with the commissioner on or before the
  first  day  of  December  designating the days selected. An employer may
  make such selection for the employer's establishment,  or  if  there  is
  more than one establishment, for any one or more of such establishments;
  and  (C) for two additional periods each year, for the purpose of taking
  inventory, each period not to be more than  one  week's  duration.  Each
  period shall not exceed a total of six hours if the minor is employed on
  an  eight-hour-day basis, or five hours if employed ten hours on one day
  and nine hours on any of four other days of the week, in addition to the
  hours permitted in this section;
    b. The provisions of paragraph d of subdivision one and paragraph c of
  subdivision two of this section shall not apply to (i) employment  as  a
  writer  or  reporter  in a newspaper office or (ii) employment by a duly
  recognized florist on the day before Easter  Sunday,  on  Easter  Sunday
  morning, and on the twenty-third day of December of each year;
    c. The provisions of paragraph e of subdivision one and paragraph d of
  subdivision  two  of  this  section shall not apply to those employments
  listed in subparagraphs (i) and (ii) of paragraph a of this  subdivision
  and subparagraphs (i) and (ii) of paragraph b of this subdivision nor to
  employment  by  a  duly  licensed airline in the maintenance of aircraft
  through a work study or job trainee program, under recognized  state  or
  local  educational  authority,  or  through  a  course  of  study  in  a
  substantially similar program conducted by a private school or through a
  training program which is publicly funded in whole or  in  part  nor  to
  employment  as a junior counselor, counselor in training or counselor at
  a camp for children during the months of June, July and August.
    6. The provisions of this section shall not apply to 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.