N.Y. Education Law § 3215: Unlawful employment

* § 3215. Unlawful employment. 1. It shall be unlawful, except as

otherwise provided by law, to employ in any trade, business or service a

minor who does not present an employment certificate or permit issued in

accordance with this article.

2. No minor shall be employed during the hours when attendance upon

instruction is required by this chapter.

3. No minor shall be employed in violation of any provision of the

labor law or other law.

4. Exceptions. a. When attendance upon instruction is not required by

this chapter, a minor fourteen years of age or over may be employed

without an employment certificate or permit in the following

occupations:

(1) Caddy service on a golf course;

(2) Service as a baby sitter staying with and at the home of another

child or children with or without the presence at such home of such

child or children's parents or guardians;

(3) Casual employment of a minor fourteen or fifteen years of age

consisting of yard work and household chores in and about a residence or

the premises of a non-profit, non-commercial organization, not involving

the use of power-driven machinery; and

(4) Casual employment of a minor sixteen years of age or over

consisting of yard work and household chores in and about a residence or

the premises of a non-profit, non-commercial organization, not involving

the use of power-driven machinery other than power-driven machinery

ordinarily used in such yard work or household chores.

b. When attendance upon instruction is not required, a minor sixteen

years of age or over may be employed in work on a farm without an

employment certificate or permit.

c. Nothing in this section shall prohibit the employment of a minor

during the school lunch period in a school cafeteria at the school which

the minor attends if the minor presents an employment certificate issued

in accordance with this article.

d. Nothing in this section shall be construed to prohibit the

employment of a minor in accordance with sections thirty-two hundred

twenty-six through and including section thirty-two hundred thirty of

this chapter.

e. Nothing in this section shall be construed to prohibit the

employment of a minor twelve years of age or over in work for his

parents or guardians on the home farm or at other outdoor work not

connected with or for any trade, business or service when attendance

upon instruction is not required by this chapter.

f. Notwithstanding any other provision of this chapter, an employment

certificate or permit shall not be required for a student sixteen years

of age or over who is in attendance at a recognized institution of

higher learning and who is employed by a non-profit college or

university or by a non-profit college or university fraternity,

sorority, student association or faculty association.

* NB Effective until May 9, 2027

* § 3215. Unlawful employment. 1. It shall be unlawful, except as

otherwise provided by law, to employ in any trade, business or service a

minor who does not present an employment certificate or permit issued in

accordance with this article and section one hundred thirty-five of the

labor law.

2. No minor shall be employed during the hours when attendance upon

instruction is required by this chapter.

3. No minor shall be employed in violation of any provision of the

labor law or other law.

4. Exceptions. a. When attendance upon instruction is not required by

this chapter, a minor fourteen years of age or over may be employed

without an employment certificate or permit in the following

occupations:

(1) Caddy service on a golf course;

(2) Service as a baby sitter staying with and at the home of another

child or children with or without the presence at such home of such

child or children's persons in parental relation;

(3) Casual employment of a minor fourteen or fifteen years of age

consisting of yard work and household chores in and about a residence or

the premises of a non-profit, non-commercial organization, not involving

the use of power-driven machinery; and

(4) Casual employment of a minor sixteen years of age or over

consisting of yard work and household chores in and about a residence or

the premises of a non-profit, non-commercial organization, not involving

the use of power-driven machinery other than power-driven machinery

ordinarily used in such yard work or household chores.

b. When attendance upon instruction is not required, a minor sixteen

years of age or over may be employed in work on a farm without an

employment certificate or permit.

c. Nothing in this section shall prohibit the employment of a minor

during the school lunch period in a school cafeteria at the school which

the minor attends if the minor presents an employment certificate issued

in accordance with this article.

d. Nothing in this section shall be construed to prohibit the

employment of a minor in accordance with section thirty-two hundred

twenty-six of this chapter.

e. Nothing in this section shall be construed to prohibit the

employment of a minor twelve years of age or over in work for their

person in parental relation on the home farm or at other outdoor work

not connected with or for any trade, business or service when attendance

upon instruction is not required by this chapter.

f. Notwithstanding any other provision of this chapter, an employment

certificate or permit shall not be required for a student sixteen years

of age or over who is in attendance at a recognized institution of

higher learning and who is employed by a non-profit college or

university or by a non-profit college or university fraternity,

sorority, student association or faculty association.

* NB Effective May 9, 2027