N.Y. Labor Law § 132: Employment of minor sixteen or seventeen years of age

§ 132. Employment of minor sixteen or seventeen years of age. 1. No

minor sixteen or seventeen 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 or in violation of the

employment certificating provisions of the education law.

2. A minor sixteen or seventeen years of age may be employed if he

presents an employment certificate or permit issued in accordance with

the education law.

3. Exceptions:

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

law, a minor sixteen or seventeen years of age may be employed without

an employment certificate or permit in the following occupations:

(1) Work on a farm;

(2) Caddy service on a golf course;

(3) 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;

(4) 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 other than

power-driven machinery ordinarily used in such yard work or household

chores;

(5) Caddie service at a bridge tournament;

(6) Work for his parents or guardians at outdoor work not connected

with or for any trade, business, or service.

b. 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.

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

sixteen or seventeen 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.

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

employment of a minor sixteen or seventeen years of age as a child model

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

e. 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 college or university fraternity, sorority, student

association or faculty association.

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

employment of a minor seventeen years of age as an election inspector or

poll clerk pursuant to section 3-400 of the election law, or to require

an employment certificate or permit therefor.

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

of a minor sixteen or seventeen years of age in any occupation

prohibited by section one hundred thirty-three of this chapter.

5. Nothing contained in this section shall prevent the rendering of

services for the public good by a minor of sixteen or seventeen years

pursuant to section seven hundred fifty-eight-a or 353.6 of the family

court act.