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Child Labour Laws /
New York

Overview of Child Labor Laws in New York

New York’s child labor laws are designed to balance employment opportunities with the safety, health, and education of minors. Administered by the New York State Department of Labor (NYSDOL), these laws establish clear age requirements, limit working hours, and prohibit hazardous jobs.

New York’s standards often go beyond federal Fair Labor Standards Act (FLSA) provisions, meaning employers must always comply with whichever rule, state or federal, is stricter. Specific work permits, commonly referred to as Employment Certificates, are required for minors, and employers are obligated to keep them on file at the workplace.

Minimum Working Age in New York

The general minimum working age in New York is 14 years, with limited exceptions.

  • Under 14: Employment is generally prohibited, except in entertainment, newspaper delivery, farming, or family business roles with restrictions.
  • Ages 14–15: Eligible to work in non-hazardous jobs with strict hour and duty limitations.
  • Ages 16–17: Allowed to work longer hours and in broader occupations, but hazardous roles remain prohibited.
  • 18 and older: Not covered by child labor laws.

Work Permits for Minors

New York requires all minors aged 14–17 to obtain an Employment Certificate (work permit) before starting a job. These certificates are issued by schools or authorized issuing officers.

Types of certificates include:

  • 14–15 years: Blue Employment Certificate (for non-farm work).
  • 16–17 years: Green Employment Certificate for general work.
  • Peach Employment Certificate: Specifically for agricultural/farm work.

Application process:

  • Minor completes an application with parental/guardian consent.
  • School verifies age, health, and academic standing.
  • The issuing officer approves and provides the Employment Certificate.
  • The employer must keep the certificate on file at the worksite.
  • Permits remain valid while the minor is enrolled in school and must be updated if job conditions change.

Hour Restrictions for Minors

New York imposes specific limits on work hours depending on age and whether school is in session.

Age Group When School Is in Session When School Is Not in Session
14–15 Up to 3 hrs/day, 18 hrs/week; not before 7 AM or after 7 PM Up to 8 hrs/day, 40 hrs/week; between 7 AM–9 PM (summer until 9 PM)
16–17 (enrolled in school) Up to 4 hrs/day on school days, 28 hrs/week; between 6 AM–10 PM (midnight on non-school nights) Up to 8 hrs/day, 48 hrs/week; between 6 AM–12 midnight
16–17 (not enrolled in school) Same as adults (no hour restrictions) Same as adults (no hour restrictions)

Notes:

  • Minors may not work during school hours unless enrolled in an approved program.
  • Breaks: A 30-minute meal break is required for work shifts of 6 hours or more.

Prohibited Jobs for Minors

New York law prohibits minors from working in hazardous occupations. Restrictions differ by age.

Age Group Prohibited Occupations
Under 14 All work except farm work, family business, permitted entertainment, or newspaper delivery
14–15 Manufacturing, construction, operation of motor vehicles, use of power-driven machinery, cooking over open flame, warehousing
16–17 Federally designated hazardous jobs, operation of heavy machinery, driving for work, handling explosives, logging, and mining
All Minors Jobs involving dangerous chemicals, radioactive materials, demolition, confined spaces, or other hazardous environments

Industry-specific notes:

  • Food service: No use of slicing machines, grinders, or similar equipment by individuals under 18.
  • Construction: prohibited for all minors under 18.
  • Entertainment: special permits required, with stricter hour rules.

Penalties for Non-Compliance

Employers who violate New York’s child labor laws may face serious consequences, including:

  • Civil penalties: Fines vary based on the nature and severity of the violation, often starting at $500 per infraction and increasing with repeat offenses.
  • Criminal penalties: Willful violations may result in misdemeanor charges, fines, or imprisonment.
  • Federal enforcement: Employers can also face additional penalties under the FLSA.

Parents are generally not held liable unless they employ their children in prohibited work. Employers carry primary responsibility for compliance.

HR Notifications and Documentation

Employers must maintain detailed documentation to prove compliance with New York child labor laws.

Document Retention Period Storage Update Schedule
Employment Certificates (work permits) Duration of employment + 3 years On-site, accessible At hire and whenever job conditions change
Age Verification Documents Employment period + 3 years Personnel files At hire
Time & Payroll Records At least 6 years Detailed daily logs Daily
Permit Applications 3 years after employment ends School/HR files Each new hire
Safety Training Records Duration of employment Audit-ready format At hire and refresher sessions
Parental Consent Forms Duration of employment Signed originals Annually if applicable
Workers’ Compensation Info Employment + 3 years Insurance carrier files Policy renewal
Incident Reports Permanent Legal or HR files Immediately upon occurrence

Required notifications:

  • To NYSDOL: Permit approvals, workplace injuries, compliance reports.
  • To Parents/Guardians: Work schedules, duty changes, safety training updates, or incident reports.

Got questions?

 

What is the minimum age to work in New York?

The minimum age to work in New York is 14 years old. Children under 14 are prohibited from employment except in limited roles such as newspaper delivery, farm work, entertainment with permits, or family businesses. At 14–15, minors may work with restrictions, while those aged 16–17 have broader opportunities.

 

Do all minors need work permits in New York?

Yes. All minors aged 14–17 must have an Employment Certificate, also called a work permit, issued by schools or authorized officials. Employers must keep these certificates on file. Without them, minors cannot legally be employed, and employers risk penalties for non-compliance.

 

What hours can 16-year-olds work in New York?

Sixteen-year-olds enrolled in school may work up to 4 hours on school days and 28 hours per week during the school year, typically between 6 AM and 10 PM. On non-school nights, they may work until midnight. In summer, they may work longer hours.

What jobs are minors prohibited from doing in New York?

Minors in New York are prohibited from working in hazardous industries, including construction, manufacturing, mining, logging, and any job involving heavy machinery. Under 18, they are also prohibited from using slicing machines, grinders, and similar food service equipment. Entertainment roles require special permits and additional restrictions.

 

What are the penalties for violating child labor laws in New York?

Employers face fines starting around $500 per violation, with higher penalties for repeated or serious breaches. Willful violations can result in criminal charges, fines, or imprisonment. Federal penalties may also apply under the FLSA. Employers are primarily responsible for ensuring compliance and obtaining the required permits.

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