N.Y. Labor Law § 131: Employment of minors fourteen or fifteen years of age

* § 131. Employment of minors fourteen or fifteen years of age. 1. No

minor fourteen or fifteen years of age shall be employed in or in

connection with any trade, business, or service when attendance upon

instruction is required by the education law.

2. When attendance upon instruction is not required by the education

law, a minor fourteen or fifteen years of age may be employed if he

presents an employment certificate or permit issued in accordance with

the education law; provided, however, that no minor fourteen or fifteen

years of age shall be employed in or in connection with a factory.

3. Exceptions:

a. When attendance upon instruction is not required by the education

law, a minor fourteen or fifteen years of age 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 a younger

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

child's or children's parents or guardians;

(3) Casual employment 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;

(4) Assisting a parent, aunt, uncle, grandparent or guardian in the

sale of produce of a farm that is owned or leased by the minor's parent,

aunt, uncle, grandparent or guardian, at a farm stand or farmer's market

stand that is owned or leased by the minor's parent, aunt, uncle,

grandparent or guardian, at times when school in not in session and the

minor is accompanied by the parent or guardian or has presented the

written consent of the parent or guardian.

(5) Caddie service at a bridge tournament;

(6) Work for his parents or guardians either on the home farm or at

other outdoor work not connected with or for any trade, business, or

service.

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

employment of a minor fourteen or fifteen years of age as a child

performer in compliance with section 35.01 of the arts and cultural

affairs law and article four-A of this chapter.

c. Nothing in this section shall be construed to apply to the

employment of a minor fourteen or fifteen years of age as a child model

in compliance with section 35.05 of the arts and cultural affairs law.

d. Nothing in this section, or the hours of work requirements of this

chapter, shall apply to a newspaper carrier in compliance with section

thirty-two hundred twenty-eight of the education law. The picking up of

newspapers at a newspaper plant shall not be construed to be employment

in or in connection with a factory if there is provided a place for the

picking up of such newspapers, which place does not contain any

dangerous machinery or equipment and does not afford access to space in

which any such dangerous machinery or equipment is located.

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

fifteen years old who is found to be incapable of profiting from further

instruction available and who presents a special employment certificate

issued in accordance with the education law. Such employment certificate

shall not be valid for work in or in connection with a factory.

f. A minor fourteen or fifteen years of age may be employed in farm

service, when attendance upon instruction is not required by the

education law, provided such minor presents a farm work permit issued in

accordance with the education law. Such permit shall be valid only when

signed by the employer and it shall not be valid for work in or in

connection with a factory.

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

fourteen or fifteen years of age 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 the

education law.

4. Employment in delivery and clerical employments:

a. Nothing contained in this article shall be deemed to prohibit the

employment of a minor fourteen or fifteen years of age for whom a

student non-factory employment certificate has been issued in accordance

with the provisions of the education law, in delivery and clerical

employments:

(1) in an office of a factory, provided that such office is enclosed

and separate from the place where manufacturing is carried on, and

provided that the minor is not engaged in any manufacturing operation or

process; or

(2) in or in connection with dry cleaning stores, tailor shops, shoe

repair shops and similar service stores which clean, press, alter,

repair or dye articles or goods belonging to the ultimate consumer,

provided that such employment does not involve the use of dangerous

machinery or equipment, or chemical processes.

b. The commissioner may promulgate rules and regulations which he

deems necessary to carry out the provisions of this subdivision.

5. Nothing in this section shall be construed to permit the employment

of a minor fourteen or fifteen years of age in any occupation prohibited

by section one hundred thirty-three of this chapter.

6. Nothing in this section shall prevent the rendering of services for

the public good by a minor of fourteen or fifteen years pursuant to

section seven hundred fifty-eight-a or 353.6 of the family court act.

* NB Effective until May 9, 2027

* § 131. Employment of minors fourteen or fifteen years of age. 1. No

minor fourteen or fifteen years of age shall be employed in or in

connection with any trade, business, or service when attendance upon

instruction is required by the education law.

2. When attendance upon instruction is not required by the education

law, a minor fourteen or fifteen years of age may be employed if they

present an employment certificate or permit issued in accordance with

the education law; provided, however, that no minor fourteen or fifteen

years of age shall be employed in or in connection with a factory.

3. Exceptions:

a. When attendance upon instruction is not required by the education

law, a minor fourteen or fifteen years of age 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 a younger

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

child's or children's persons in parental relation;

(3) Casual employment 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;

(4) Assisting a person in parental relation as defined in section

thirty-two hundred twelve of the education law, aunt, uncle, or

grandparent in the sale of produce of a farm that is owned or leased by

the minor's person in parental relation, aunt, uncle, or grandparent, at

a farm stand or farmer's market stand that is owned or leased by the

minor's person in parental relation, aunt, uncle, or grandparent, at

times when school is not in session and the minor is accompanied by the

person in parental relation or has presented the written consent of the

person in parental relation.

(5) Caddie service at a bridge tournament;

(6) Work for their person in parental relation either on the home farm

or at other outdoor work not connected with or for any trade, business,

or service.

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

employment of a minor fourteen or fifteen years of age as a child

performer in compliance with section 35.01 of the arts and cultural

affairs law and article four-A of this chapter.

c. Nothing in this section shall be construed to apply to the

employment of a minor fourteen or fifteen years of age as a child model

in compliance with section 35.05 of the arts and cultural affairs law.

d. A minor fourteen or fifteen years of age may be employed in farm

service, when attendance upon instruction is not required by the

education law, provided such minor presents a farm work permit issued in

accordance with the education law. Such permit shall be valid only when

signed by the employer and it shall not be valid for work in or in

connection with a factory.

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

fourteen or fifteen years of age 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 the

education law.

4. Employment in delivery and clerical employments:

a. Nothing contained in this article shall be deemed to prohibit the

employment of a minor fourteen or fifteen years of age for whom a

student non-factory employment certificate has been issued in accordance

with the provisions of the education law, in delivery and clerical

employments:

(1) in an office of a factory, provided that such office is enclosed

and separate from the place where manufacturing is carried on, and

provided that the minor is not engaged in any manufacturing operation or

process; or

(2) in or in connection with dry cleaning stores, tailor shops, shoe

repair shops and similar service stores which clean, press, alter,

repair or dye articles or goods belonging to the ultimate consumer,

provided that such employment does not involve the use of dangerous

machinery or equipment, or chemical processes.

b. The commissioner may promulgate rules and regulations which they

deem necessary to carry out the provisions of this subdivision.

5. Nothing in this section shall be construed to permit the employment

of a minor fourteen or fifteen years of age in any occupation prohibited

by section one hundred thirty-three of this chapter.

6. Nothing in this section shall prevent the rendering of services for

the public good by a minor of fourteen or fifteen years pursuant to

section seven hundred fifty-eight-a or 353.6 of the family court act.

* NB Effective May 9, 2027