N.Y.
Education Law Section 3215
Unlawful employment
1.
It shall be unlawful, except as otherwise provided by law, to employ in any trade, business or service a minor who does not present an employment certificate or permit issued in accordance with this article.2.
No minor shall be employed during the hours when attendance upon instruction is required by this chapter.3.
No minor shall be employed in violation of any provision of the labor law or other law.4.
Exceptions.a.
When attendance upon instruction is not required by this chapter, a minor fourteen years of age or over 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 another child or children with or without the presence at such home of such child or children’s parents or guardians;(3)
Casual employment of a minor fourteen or fifteen years of age 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; and(4)
Casual employment of a minor sixteen years of age or over 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.b.
When attendance upon instruction is not required, a minor sixteen years of age or over may be employed in work on a farm without an employment certificate or permit.c.
Nothing in this section shall prohibit the employment of a minor 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 this article.d.
Nothing in this section shall be construed to prohibit the employment of a minor in accordance with sections thirty-two hundred twenty-six through and including section thirty-two hundred thirty of this chapter.e.
Nothing in this section shall be construed to prohibit the employment of a minor twelve years of age or over in work for his parents or guardians on the home farm or at other outdoor work not connected with or for any trade, business or service when attendance upon instruction is not required by this chapter.f.
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 non-profit college or university fraternity, sorority, student association or faculty association.
Source:
Section 3215 — Unlawful employment, https://www.nysenate.gov/legislation/laws/EDN/3215 (updated Sep. 22, 2014; accessed Oct. 26, 2024).
