N.Y. Labor Law § 135: Duties of employers

* § 135. Duties of employers. 1. The employer of any minor required to

have an employment certificate:

a. Shall, before employment begins, file at the place of the minor's

employment such certificate so that it may be readily accessible to any

person authorized by law to examine such document;

b. Shall, upon the termination of the minor's employment, return the

employment certificate to the minor;

c. (i) Shall, if the employer is engaged in a business of assigning

employees for temporary services at another establishment, and the

employer compensates the employee for such services rendered, keep on

file in his or her office the employment certificate and shall cause to

be delivered to each establishment where the child will perform his or

her services a true copy of such employment certificate. Such delivery

shall be deemed compliance with this section and sections one hundred

thirty-one and one hundred thirty-two of this article. The owner of each

establishment to which the child is assigned shall keep on file in his

or her office such copy of the employment certificate, which shall be

deemed compliance with this section, and shall return such copy to the

employer at the conclusion of the child's assignment. Such employer

shall note on the original employment certificate the existence of each

copy.

(ii) As used in this subdivision, the term "establishment" includes a

factory, mercantile establishment, business office, restaurant, hotel,

and any other trade, business or service.

2. The employer of any person claiming to be between eighteen and

twenty-five years of age who does not present an employment certificate

duly issued for him or her must require from such person, and furnish

upon demand to the commissioner or his or her authorized representative,

proof of the age of such person in the form of a driver's license or

other documentation issued by the government of the United States or of

any state located therein, or a certificate of age issued to such person

by an employment certificating official. Such proof of age or a legible

photocopy thereof, or an employment certificate, previously issued for

such person and on file in the place of his or her employment, shall be

conclusive evidence that the person has reached the age certified to

therein.

* NB Effective until May 9, 2027

* § 135. Database for employment of minors; employee registration;

minor employment certificates. 1. Creation of database. The department,

in consultation with the department of education, shall create and

maintain a database for the employment of minors. Except as otherwise

provided in this section, all information pertaining to any employer or

minor that is submitted to the department under this section shall be

confidential and shall not be accessible to the public. Nothing herein

shall prevent the commissioner from sharing such information for civil

or criminal law enforcement purposes.

2. Employer registration and renewal process. Any employer required to

be registered under this section shall provide the department with the

information set forth in this section, as well as any additional

information that the department may require, in the form and manner

prescribed by the department.

3. Employer registration and information. Every employer that hires,

employs, or otherwise permits any minor under the age of eighteen to

work for the employer within the state shall register in the database

and shall provide, in the form and manner prescribed by the department,

the following information:

(a) the name of the employer;

(b) the email address of the employer;

(c) any location of the employer's business operations within the

state, including any location where a minor will be working;

(d) the number and names of minors who are hired, employed, or

otherwise permitted to work for the employer;

(e) a certified statement from the employer that the employer is

hiring, employing, or otherwise permitting minors to work only in

positions for the employer as permitted by law, rule, or regulation in

order to ensure their health, safety, and well-being; and

(f) any other information deemed appropriate by the commissioner.

4. Employer recordkeeping. An employer that is required to be

registered under this section shall, before employment begins, file at

the place of the minor's employment such employment certificate or

permit so that it may be readily accessible to any person authorized by

law to examine such document. An employer's electronic access to such

employment certificate or permit in the database shall meet the

requirements of this subdivision.

5. Minor registration. Any minor under the age of eighteen who plans

to work for an employer within the state shall complete a registration

in the database for any employment certificate or permit. All

information pertaining to the minor shall be confidential and shall not

be accessible by the public. When the minor receives a job offer from an

employer, they must update their certificate or permit in the database

to reflect that employer in order for the certificate or permit to be

valid. If the minor plans to work for a different employer, or for an

employer in addition to the employer for which the minor first

registered, the minor shall update the minor's registration. The minor

shall be required to submit documentation for registration in the form

and manner prescribed by the department.

6. Issuance and revocation of employment certificate or permit. (a)

Any employment certificate or permit issued pursuant to part one of

article sixty-five of the education law shall be issued by the

commissioner electronically within the database. Any application for an

employment certificate or permit that is made pursuant to part one of

article sixty-five of the education law shall be made by a minor on a

form prescribed by the department.

(b) The chancellor in the city school district of the city of New

York, and elsewhere the superintendent of schools or the district

superintendent of schools within their respective jurisdictions, or a

principal of a nonpublic secondary school, may request that the

commissioner revoke a minor's employment certificate or permit. The

requestor shall use the database to file this request and electronically

upload, disclose, or otherwise provide additional information as

necessary. Additional information may relate to: (i) an evaluation of

the student's overall academic performance and past academic record;

(ii) an examination of the student's attendance record; (iii) the

willingness of the student to participate in a cooperative education

program, work study program, school to work program or any other

structured program which provides a student with an opportunity to earn

income while earning academic credit; (iv) such other factors as the

aforementioned officials identify; and (v) any material submitted by the

student. Upon review of information provided by schools or gathered on

their own, the commissioner may revoke the minor's employment

certificate or permit.

7. Records. The commissioner, in consultation with the commissioner of

education, shall provide a method by which authorized school employees

acting on behalf of a school district, board of cooperative educational

services, or nonpublic school may access the database for the purpose of

compliance with part one of article sixty-five of the education law. The

commissioner may share information with such authorized school employees

about registered minors and request information from such school

authorized employees about registered minors or minors applying for a

certificate or permit. Notwithstanding any law, rule, or regulation to

the contrary, a school district, board of cooperative educational

services, nonpublic secondary school and the education department shall

provide the commissioner with such records and information as requested

to fulfill the requirements of this section, provided that, as applied

to student educational records, such entity shall provide all

protections afforded to parents and persons in parental relationships,

or students where applicable, required under the family educational

rights and privacy act, 20 U.S.C. section 1232g, where applicable the

individuals with disabilities education act, sections fourteen hundred,

et seq. of title twenty of the United States code, and the federal

regulations implementing such statutes.

8. Regulations. The commissioner may prescribe regulations necessary

to carry out the provisions of this section.

* NB Effective May 9, 2027