Child labor - New York

Summary of differences between federal and state regulations

The New York Department of Labor, Division of Labor Standards administers the child labor laws.

Work age

Youths must be:

• 11 for delivering newspapers
• 12 for hand-harvest agricultural work (with work permit or at home farm)
• 14 for jobs involving non-factory work, delivery and clerical work in non-hazardous areas of factories
• 16 for most non-hazardous jobs, except for the sale of alcoholic beverages other than in grocery stores
• 18 for all other jobs

Work hours

Youths 12 years of age performing hand-harvesting may work:

• 9 am to 4 pm, 4 hours/day (Labor Day through June 20)
• 7 am to 7 pm June 21 through Labor Day

Youths 14 and 15 may work:

• 7 am to 7 pm (9 pm June 21 through Labor Day)
• 8 hours/day, 6 days/week, 40 hours/week (3 hours/day, 18 hours/week, 6 days/week when school is in session)

Youths 16 and 17 may work:

When school is in session:

• 4 hours on any day preceding a school day, other than Sunday or holiday
• 8 hours on Friday, Saturday, Sunday, or holiday
• 28 hours/week, 6 days/week
• 6 am to 10 pm (12 pm with parental consent)

When school is not in session:

• 8 hours/day, 6 days/week, 48 hours/week
• 6 am to 12 pm

Permits

Youth under age 18 must have an employment certificate or vacation work permit issued by local school officials. Certificate has to be returned to issuing agency at termination. Special work permits issued to performing artists, models, and street trades.

Employers are required to maintain “proof of age” of employees claiming to be between 18 and 25 years old. See New York Labor Law, Section 135(2).

In NY, young employees will receive a Bill of Rights upon receiving their working papers. It indicates that employees under age 18 have the right to:

• Receive their full paycheck on time — a regularly scheduled day every week or every month when workers are paid for the hours they worked.
• Earn the minimum wage — based on where in New York State the employee works and what job they are doing.
• Receive a paystub — a digital or paper paystub every time they are paid detailing the amount earned, the hours worked, and any taxes taken out of the paycheck.
• A safe workplace — they may not be hired or asked to do dangerous jobs.
• Keep any tips received — either from customers or from tips pooled with coworkers.
• Take breaks — if they work 6 hours or more in a row, they have the right to at least one 30-minute break.
• A discrimination-free workplace — they may not be treated unfairly or harassed because of their race or ethnicity, sex, gender identity or gender expression, immigration status, or religion.
• Attend school — employers may not ask young employees to work during school hours.
• Study and rest — employers must keep track of youth hours worked and post a schedule that clearly shows what hours they are working.
• Speak up — employers may not punish young employees for reporting a problem at the workplace.

Beginning May 2027:

• Employers must provide a certification that they are only allowing minors to work in positions that are permitted by law.
• Minor employees may electronically register and apply for their working papers.
• Employers no longer have to pick up papers from the school district.
• Minors no longer must have a physical fitness exam.
• The coverage exemption for newspaper carriers is eliminated.
• The allowance for “employment of a minor 15 years old who is found to be incapable of profiting from further instruction available and who presents a special employment certificate...” is eliminated.

Postings

Summary of child labor laws, rules, and orders available from administering agency. Employers must post the current schedule of work hours, starting and stopping times, and mealtimes.

State

Contact

New York State Department of Labor

Regulations

New York rules on employment of minors can be found at Chapter 31, Article 4 of the New York State Consolidated Laws.

Federal

Contact

The Department of Labor is the sole federal agency that monitors child labor and enforces child labor laws. Enforcement of the Fair Labor Standard Act's child labor provisions is handled by the Wage and Hour Division of the Department’s Employment Standards Administration.

Department of Labor

Regulations

U.S. child labor regulations can be found in CFR 29:

Part 570 Child Labor Regulations, Orders and Statements of Interpretation

Part 575 Waiver of Child Labor Provisions for Agricultural Employment of 10 and 11 Year Old Minors In Hand Harvesting of Short Season Crops

Part 579 Child Labor Violations – Civil Money Penalties