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Tips For Compliance With New York Child Labor Laws

New York has some of the strictest labor laws in the nation, and the state’s requirements regarding employment of minors are no exception. Many young people seek early job experience and a chance to earn their own income, preparing themselves for a future in college or entry into the full-time workforce. Businesses can often benefit from the energy and enthusiasm of these youthful employees – but hiring and management must be handled carefully to avoid compliance issues. Schedule a consultation with Schwab & Gasparini to discuss how your company can navigate hiring and supervisory considerations for underage employees while maintaining strict compliance with New York’s child labor laws. Reach us at (914) 304-4353 in White Plains or Hudson Valley, call our office in Albany at (518) 591-4664, or connect with our Syracuse team by dialing (315) 422-1333 today.

New York Child Labor Laws: Working Papers

Minors in New York are generally subject to the state’s compulsory attendance law, which according to the New York State Department of Education generally require children under 16 to maintain regular attendance in either a public school or a “nonpublic” form of education (such as private schools and homeschooling arrangements) that provides an education “substantially equivalent” to the education the student would receive at a New York public school. Attendance expectations associated with these requirements mean that any applicant under 18 years of age must obtain “working papers” (usually through the guidance office of the nearest high school, but special requirements apply to students of private and charter schools in Buffalo).

Working Paper Exemptions

Almost all employees under 18 must provide working papers issued by the appropriate office, even if they have officially “dropped out” and are no longer enrolled in school, except for the following:

• College students (students enrolled in postsecondary education) employed by:

• not-for-profit colleges or universities
• student or faculty associations operating through universities or non-profit colleges
• non-profit fraternities or sororities

• Minors in the 16-17 age range if they are:

• performing “casual” chores such as housework, either for a non-profit organization or at home
• caddying (i.e., on a golf course)
• farming
• babysitting

All other employees under 18 must provide working papers before a New York business may legally hire them.

Types of Working Papers by Age

Working papers issued for compliance with New York child labor laws are divided into three categories, each of which is subject to its own set of state rules. The categories are:

• Ages 14-15 (all): These working papers are blue and indicate that the applicant may not work on a factory floor, or in any of the scenarios prohibited to employees in either of the 16-17 age groups. 
• Ages 16-17 (in-school): Working papers for minors ages 16-17 who are still in school are issued on green paper. These working papers allow the bearer to work in a factory, but with certain restrictions, including a prohibition on most tasks conducted on or around machinery.
• Ages 16-17 (not in school): The working papers for minors in the 16-17 age range who are no longer attending school are color-coded peach.

Businesses are required to keep each minor’s working papers on file as long as the minor is employed by the company, and must return the working papers to the employee when he or she leaves the position.

Special Occupation Permits

Depending on the type of work the job position requires, the minor may need a special occupation permit in addition to their working papers based on age. In most cases the employee will need to carry the permit on their person while working, but employers may wish to make and retain a copy for their records.

New York Child Labor Laws: Prohibited Occupations

All minors are subject to restrictions on the occupations in which they may legally be employed. Generally speaking, children ages 12-13 may work in farming occupations that do not involve heavy equipment during non-school periods (usually summer and winter vacations), and children may start working newspaper delivery routes in a limited capacity from the age of 11. Otherwise, legal child labor begins at 14 years of age and is subject to a set of occupational restrictions, which generally loosen with age.

Prohibited Occupations by Age

The following types of work are prohibited to all minors, according to the New York Department of Labor:

• Construction
• Assisting on a motor vehicle
• Operation of certain types of machinery
• Certain maintenance tasks associated with machinery, including belt adjustments, cleaning, wiping, or oiling

Minors ages 14-15 (authorized with blue working papers) are also subject to a prohibition on work in factory workrooms and in occupations involving certain chemical processes.

Permit Requirements by Age

Several occupations require permits specific to both the employee’s age and the type of work. The employee will typically carry the work permit on his or her person while working, but it is important for employers to be aware of the permits that are required. The most common work permit requirements for minors are:

• Farm work, ages 12-13: Permit AT-25
• Farm work, ages 14-15: Permit AT-24
• Newspaper delivery, ages 11-18: Permit AT-23
• Street trades, ages 14-17: Permit AT-26

Farm work for minors is subject to certain limitations, while no one under 18 may work in a capacity that involves helping on a motor vehicle. The occupations considered to be “street trades” by the New York Department of Labor are primarily shoe-shining and selling newspapers or similar periodicals, in public places such as New York sidewalks in either case. Local police, in addition to the New York Department of Labor, share authority for enforcing the work permit requirements on minors in the street trades.

Comply With New York Child Labor Laws

New York’s child labor laws can be complicated, particularly when they intersect with daily and weekly hour maximums, which themselves can vary depending on whether the minor’s school is in session. Some general practices employers can follow to help maintain their compliance obligations include:

Verify

Make it a priority first to validate the identification presented by a new job applicant, as this can help to “weed out” underage applicants who are seeking work under false pretenses. It is an unfortunate reality that some young people, either independently or under pressure from their families, may try to present themselves as older than they are in order to secure additional working hours or expanded job role opportunities. As understanding as a New York business owner may wish to be, it is important to remember that child labor laws are in place partly to protect precisely these youthful individuals; ensuring that a young applicant’s photo ID accurately reflects their age is a good step toward both honoring the spirit of New York’s labor laws and protecting your business against potential penalties for non-compliance.

Once you have established that an applicant is a minor and verified their age, it is also important to be sure that they present, and your office files, the right working papers for their age group and type of employment. Keep in mind that you will need to return these papers to the employee when they leave your company or when they move up to the next age level, whichever comes first.

Document

Part of keeping up with working papers should be developing a clear, consistent system for collecting and maintaining documentation on each employee. Rather than creating a distinct system for documentation related to underage employees, consider working with a business law attorney from Schwab & Gasparini to evaluate your company’s compliance needs and devise a record-keeping strategy to maintain documentation across all areas of your business, so that any needed records are readily available in case any questions arise.

Communicate

Make sure that each member of your team who takes any part in scheduling work or assigning job duties is aware of, and trained in compliance with, the restrictions New York’s child labor laws place on when and where minors can work, and the age-specific limitations that apply to each employee. In addition to communicating with any team leaders and managerial staff about the areas, such as a factory floor, in which younger employees are not allowed to work, you may wish to consider providing all staff members who participate in employee scheduling with a copy of the New York Department of Labor’s chart detailing maximum allowable hours by age group.

Speak With an Experienced New York Business Law Attorney

Understanding and complying with New York’s child labor laws can be difficult, especially given the frequent changes in employment eligibility triggered by the seasonal rotations of the school year and the minor’s natural progress toward adulthood. For these reasons, among others, many business owners choose to seek help developing a comprehensive plan to give ambitious young people job experience and a chance to earn income while ensuring the company’s compliance with child labor laws and other requirements by working with a New York business law attorney experienced in labor law compliance. Schedule a consultation with Schwab & Gasparini today by calling any of our four offices, conveniently located throughout New York State: (315) 422-1333 for Syracuse, (914) 304-4353 to reach our Hudson Valley and White Plains offices, or (518) 591-4664 in Albany.

Mon Mar 3 2025, 12:00am