N.Y. Labor Law § 138: Employment of persons apparently under eighteen years of age

§ 138. Employment of persons apparently under eighteen years of age.

1. If any person apparently under eighteen years of age is employed

without the certificate on file as required by law, in or in connection

with any employment to which the provisions of this article apply, the

commissioner may require the employer to cease employing the person or

file, within ten days after demand, evidence in the form required by the

education law for the issuance of such certificate that the person is

over the age for which the certificate is required.

2. If the employer fails to furnish such evidence within ten days

after demand, and thereafter employs the person, proof of the service of

the demand and of the failure to furnish such evidence shall be prima

facie evidence in any prosecution brought for a violation of this

article that such person is under the age for which such certificate is

required and is unlawfully employed.