NYS Child Labor Laws Gary Brackett

Who is eligible to work? 12 – 13 year olds12 – 13 year olds –Can work on a farm picking berries and fruit –Need a farm work permit –4 hours/day maximum not during school hours –No more than 23 hours per week while school is in session

year olds No working during school hours except for NYSED approved Work Experience ProgramNo working during school hours except for NYSED approved Work Experience Program During school year, can only perform farm work or newspaper deliveryDuring school year, can only perform farm work or newspaper delivery Exception: NYSED work experience programException: NYSED work experience program

14 & 15 year olds NYSED approved WEP Maximum allowable hours during the school year, no more than:Maximum allowable hours during the school year, no more than: –3 hours per school day –8 hours per non-school day –18 hours per week –6 days per week –7 A.M. – 7 P.M.

14 & 15 year olds When school is not in session (June 21 – Labor day)When school is not in session (June 21 – Labor day) –8 hours per day –40 hours per week –7 A.M. – 9 P.M.

16 & 17 year olds NYSED approved WEP Maximum allowable hours during the school year, no more than:Maximum allowable hours during the school year, no more than: –4 hours per day, any day preceding a school day –8 hours Friday – Sunday & Holidays –28 hours per week –6 days per week –6 A.M. – 10 P.M.

16 & 17 year olds When school is not in session (June 21 – Labor day)When school is not in session (June 21 – Labor day) –8 hours per day –48 hours per week –6 A.M. - Midnight

Exceptions There are special exceptions for newspaper carriers, and street trades (such as a shoe shiner) regarding:There are special exceptions for newspaper carriers, and street trades (such as a shoe shiner) regarding: – time of day that working is allowed –number of hours worked See NYDOL website for more informationSee NYDOL website for more information _ny/employer_responsibilities/workpr ot/hrswork.htmhttp:// _ny/employer_responsibilities/workpr ot/hrswork.htm

Other issues Do not work “under the table”Do not work “under the table” –Should there be an injury, or other type of problem, it could result in a legal issue –“Under the table” generally means the job pays cash and is off the books – there is no record –A school will never allow a WEP to be a “cash” job.

Other issues Obtaining the proper working papers is a mustObtaining the proper working papers is a must –There are different working certificates and permits depending on age and job type –Your school can help you obtain the proper papers

Other issues You must have a Social Security CardYou must have a Social Security Card –Generally issued at birth –You need this to get working papers –If your has been misplaced you need to contact your local Social Security Office and follow their replacement procedures

For additional information y.us/business_ny/emplo yer_responsibilities/work prot/hrswork.htmhttp:// y.us/business_ny/emplo yer_responsibilities/work prot/hrswork.htmhttp:// y.us/business_ny/emplo yer_responsibilities/work prot/hrswork.htmhttp:// y.us/business_ny/emplo yer_responsibilities/work prot/hrswork.htmOr y.us/business_ny/emplo yer_responsibilities/work prot/lschlhrs.htmhttp:// y.us/business_ny/emplo yer_responsibilities/work prot/lschlhrs.htmhttp:// y.us/business_ny/emplo yer_responsibilities/work prot/lschlhrs.htmhttp:// y.us/business_ny/emplo yer_responsibilities/work prot/lschlhrs.htm Source: the above mentioned websitesSource: the above mentioned websites