NYS Child Labor NYS Child Labor LawsLaws

Gary BrackettGary Brackett

Who is eligible to work?Who is eligible to work?

• 12 – 13 year olds12 – 13 year olds– Can work on a farm Can work on a farm

picking berries and picking berries and fruitfruit

– Need a farm work Need a farm work permitpermit

– 4 hours/day maximum 4 hours/day maximum notnot during school during school hourshours

– No more than 23 No more than 23 hours per week while hours per week while school is in sessionschool is in session

14 - 17 year olds14 - 17 year olds

• No working during No working during school hours except school hours except for NYSED approved for NYSED approved Work Experience Work Experience Program Program

• During school year, During school year, can can onlyonly perform perform farm work farm work oror newspaper deliverynewspaper delivery

• Exception: NYSED Exception: NYSED work experience work experience programprogram

14 & 15 year olds14 & 15 year oldsNYSED approved WEPNYSED approved WEP

• Maximum allowable Maximum allowable hours during the hours during the school year, school year, no no more than:more than:– 3 hours per school 3 hours per school

dayday– 8 hours per non-8 hours per non-

school dayschool day– 18 hours per week18 hours per week– 6 days per week6 days per week– 7 A.M. – 7 P.M.7 A.M. – 7 P.M.

14 & 15 year olds14 & 15 year olds

• When school is When school is notnot in session (June 21 in session (June 21 – Labor day)– Labor day)– 8 hours per day8 hours per day– 40 hours per week40 hours per week– 7 A.M. – 9 P.M.7 A.M. – 9 P.M.

16 & 17 year olds16 & 17 year oldsNYSED approved WEPNYSED approved WEP

• Maximum allowable Maximum allowable hours during the hours during the school year, school year, no more no more than:than:– 4 hours per day, any 4 hours per day, any

day preceding a school day preceding a school dayday

– 8 hours Friday – 8 hours Friday – Sunday & HolidaysSunday & Holidays

– 28 hours per week28 hours per week– 6 days per week6 days per week– 6 A.M. – 10 P.M.6 A.M. – 10 P.M.

16 & 17 year olds16 & 17 year olds

• When school is not When school is not in session (June 21 in session (June 21 – Labor day)– Labor day)– 8 hours per day8 hours per day– 48 hours per week48 hours per week– 6 A.M. - Midnight6 A.M. - Midnight

ExceptionsExceptions

• There are special There are special exceptions for exceptions for newspaper carriers, and newspaper carriers, and street trades (such as a street trades (such as a shoe shiner) regarding:shoe shiner) regarding:– time of day that working time of day that working

is allowedis allowed– number of hours workednumber of hours worked

• See NYDOL website for more See NYDOL website for more informationinformation

• http://www.labor.state.ny.us/http://www.labor.state.ny.us/business_ny/business_ny/employer_responsibilities/employer_responsibilities/workprot/hrswork.htmworkprot/hrswork.htm

Other issuesOther issues

• Do not work “under Do not work “under the table”the table”– Should there be an Should there be an

injury, or other type injury, or other type of problem, it could of problem, it could result in a legal issueresult in a legal issue

– ““Under the table” Under the table” generally means the generally means the job pays cash and is job pays cash and is off the books – there off the books – there is no recordis no record

– A school will never A school will never allow a WEP to be a allow a WEP to be a “cash” job.“cash” job.

Other issuesOther issues

• Obtaining the Obtaining the proper working proper working papers is a mustpapers is a must– There are different There are different

working certificates working certificates and permits and permits depending on age depending on age and job typeand job type

– Your school can Your school can help you obtain the help you obtain the proper papersproper papers

Other issuesOther issues

• You must have a You must have a Social Security CardSocial Security Card– Generally issued at Generally issued at

birthbirth– You need this to get You need this to get

working papers working papers – If your has been If your has been

misplaced you need to misplaced you need to contact your local contact your local Social Security Office Social Security Office and follow their and follow their replacement replacement proceduresprocedures

For additional informationFor additional information

• http://www.labor.sthttp://www.labor.state.ny.us/business_ate.ny.us/business_ny/employer_respony/employer_responsibilities/workpronsibilities/workprot/hrswork.htmt/hrswork.htm

OrOr• http://www.labor.sthttp://www.labor.st

ate.ny.us/business_ate.ny.us/business_ny/employer_respony/employer_responsibilities/workpronsibilities/workprot/lschlhrs.htmt/lschlhrs.htm

• Source: the above mentioned Source: the above mentioned websiteswebsites