Laws Governing the Employment of Minors

Transcription

1 Laws Governing the Empoyment of Minors P882 (7-04) HIRE Equa Opportunity Empoyer/Program Auxiiary aids and services are avaiabe upon request to individuas with disabiities. George E. Pataki, Governor Linda Angeo, Commissioner

2 CONTENTS INTRODUCTION... 1 SCHOOL ATTENDANCE... 2 MINIMUM AGE FOR EMPLOYMENT... 2 EXCEPTIONS... 2 EMPLOYMENT CERTIFICATES AND PERMITS... 4 EXCEPTIONS... 4 TYPES OF EMPLOYMENT CERTIFICATES AND PERMITS... 4 CERTIFICATES... 4 PERMITS... 5 OTHER TYPES OF CERTIFICATES... 5 OBTAINING EMPLOYMENT CERTIFICATES AND PERMITS... 5 VALIDITY... 6 LOCATION OF CERTIFICATE... 7 DUTIES OF EMPLOYMENT AGENCIES... 7 SPECIAL OCCUPATIONS... 8 DELIVERY AND CLERICAL EMPLOYMENT IN FACTORY OFFICES AND SERVICE STORES... 8 NEWSPAPER SALES AND DELIVERY... 8 SHOESHINERS... 9 CHILD ACTORS... 9 CHILD MODELS COMMISSIONER OF EDUCATION REGULATIONS FOR CHILD MODELS HOURS OF WORK NIGHTWORK RESTRICTIONS POSTING PROVISIONS STATE PROHIBITED OCCUPATIONS UNDER 18 YEARS OF AGE UNDER 16 YEARS OF AGE FEDERAL PROHIBITED OCCUPATIONS UNDER 18 YEARS OF AGE UNDER 16 YEARS OF AGE PERMITTED WORKING HOURS CHART... 20/21

3 FARM LABOR (UNDER 16)...23 FEDERAL CONTRACTS...23 SAFETY AND HEALTH MINIMUM WAGES NEW YORK STATE MINIMUM WAGE LAW...24 MINIMUM WAGE ACT...24 MINIMUM WAGE STANDARDS FOR FARM WORKERS...24 ENFORCEMENT OF MINIMUM WAGE LAWS...25 MINIMUM WAGE FOR EMPLOYEES COVERED BY FEDERAL LAW...25 COLLECTION OF WAGES...25 COST OF MEDICAL EXAMINATIONS WORKERS COMPENSATION...26 UNEMPLOYMENT INSURANCE...27 JOB PLACEMENT SERVICES OTHER YOUTH SERVICES...28 COOPERATIVE EDUCATIONAL PROGRAMS SCHOOL-TO-WORK PROGRAM SCHOOL-TO-WORK APPRENTICESHIP PROGRAM SALE OF GOODS PRODUCED WITH EMPLOYMENT OF MINORS...32 VIOLATIONS...32 ANSWERS TO SOME COMMON QUESTIONS ABOUT THE EMPLOYMENT OF MINORS ADMINISTRATIVE AGENCIES...35 COMPARISON OF NEW YORK STATE CHILD LABOR LAW VS. FEDERAL LAW New York State Chid Labor Law Comparison New York State Chid Labor Law vs. Federa Law AGRICULTURAL EMPLOYMENT 12- & 13- Year-Ods Hand-Harvest of Fruits, Berries & Vegetabes Between June 21st and Labor Day,12 and 13-year-ods with a Farm Work Permit and written consent of parent may be empoyed up to 4 hours between the hours of 7 AM and 7 PM. Between the day after Labor Day and June 20, 12- and 13-year-ods may be empoyed between the hours of 9 AM and 4 PM when attendance at schoo is not required. GENERAL PROVISIONS OF THE LAW Federa Chid Labor Law Revocation of Empoyment Certificate - Working Papers Empoyment Certificate (working papers) may be revoked by educationa authorities where a student has faied no ess than 4 academic courses in one semester. May be empoyed with written parenta consent or on a farm where the minor s parents or person standing in pace of a parent is empoyed, but not during schoo hours. No simiar requirements 41

4 New York State Chid Labor Law Comparison New York State Chid Labor Law vs. Federa Law GENERAL INDUSTRY EMPLOYMENT 16- & 17- Year-Ods Schoo Not in Session Permitted to work up to Federa Chid Labor Law INTRODUCTION This booket provides genera information on the provisions of the Labor Law and other aws governing the empoyment of minors in New York State. Certain detais are omitted and the information in this booket shoud not be considered as officia statements or interpretations of the aw. For estabishments covered by the Federa Fair Labor Standards Act, Federa aws may in some cases set higher standards than state requirements. The requirements of state aw do not affect an empoyer s obigation to compy with any provisions of federa aw. You can obtain information on federa aws from the offices isted on page hours per day No simiar requirements 48 hours per week No simiar requirements between 6 AM and 12 midnight No simiar requirements Posting Comparison Empoyer must post schedued No simiar requirements New York State Chid Labor Law vs. hours of work each week for minor. Federa Law No simiar requirements Changes may be made, by empoyer. No simiar requirements maximum hours may not be exceeded. Department of Labor Website Home page 40

5 SCHOOL ATTENDANCE Fu-time schoo is compusory for minors under 16 years od. A community can require minors who are not empoyed to attend schoo unti they reach age 17 or graduate. High schoo graduates, regardess of age, are not required to continue attending schoo. However, they must provide an empoyer with a Fu-Time Empoyment Certificate unti they reach their 18th birthday. MINIMUM AGE FOR EMPLOYMENT There are certain exceptions to these rues and they are subject to the empoyment certificate reguations that foow: Minors not yet 14 may not be empoyed at any time, neither after schoo nor during vacation. Minors 14 and 15 years od may work after schoo hours and during vacations, but not in factory work. They may do deivery and cerica work in any encosed office of a factory, and in dry ceaning, taior, shoe repair, and simiar service stores. Minors 16 and 17 years of age, if not attending schoo, may work fu time throughout the year. Factory work is permitted for minors 6 years of age or oder. (See Prohibited Occupations, on page 14.) EXCEPTIONS 1. Minors 12 years of age or oder may be empoyed in the hand harvest of berries, fruits, and vegetabes. 2. Minors 11 years of age or oder may work outside schoo hours as newspaper carriers to deiver, or se and deiver, newspapers, shopping papers, or periodicas to homes or business paces. * (Minors 14 years of age and oder may be engaged in street trades work, i.e. seing newspapers or periodicas on streets or pubic paces.) 3. Minors 12 years of age or oder may work outside schoo hours for their parents or guardians either on the home farm or at other outdoor work not connected with a business. 4. Minors 12 years of age or oder may work as bridge caddies at bridge tournaments when schoo attendance is not required. 5. There is no minimum age for minor performers at theatrica, radio, or teevision performances or for chid modes. New York State Chid Labor Law Comparison New York State Chid Labor Law vs. Federa Law GENERAL INDUSTRY EMPLOYMENT 16- & 17-Year-Ods Schoo in Session Permitted to work up to 4 hours on a day preceding a schoo day (M-T-W-Th) up to 6 hours on a day preceding a schoo day in an approved cooperative program if these hours are in conjunction with the program may work up to 8 hours on Friday, Saturday, Sunday or hoiday; may work up to 28 hours per week. may work between 6:00 AM and 10:00 PM on a day preceding a schoo day or unti midnight with written parenta consent and a certificate of satisfactory academic standing from their schoo; may work between 6:00 AM and 10:00 PM on a day preceding a non-schoo day or unti midnight with written parenta consent. Federa Chid Labor Law No simiar requirements No simiar requirements No simiar requirements No simiar requirements No simiar requirements No simiar requirements * Under Federa aw a 14-year age minimum is required for deivery of periodicas and simiar items. 2 39

6 New York State Chid Labor Law Comparison New York State Chid Labor Law vs. Federa Law GENERAL INDUSTRY EMPLOYMENT 14- & 15-Year-Ods Schoo in Session Federa Chid Labor Law Hours permitted to work - outside schoo hours between 7:00 AM and 7:00 PM; Same requirements 3 hours on a schoo day; Same requirements 8 hours on a non-schoo day; Same requirements maximum of 18 hours per week. Same requirements Work Study Programs 3 hours on a schoo day; Same requirements 8 hours on a non-schoo day; Same requirements maximum of 23 hours per week. Same requirements 14- & 15-Year-Ods Schoo Not in Session (June 21st to Labor Day) (June 1st to Labor Day) May be empoyed between- May be empoyed between 7:00 AM and 9:00 PM; 7:00 AM and 9:00 PM; 8 hours per day; 8 hours per day; 40 hours per week. 40 hours per week. EMPLOYMENT CERTIFICATES AND PERMITS Generay, an empoyment certificate or permit is required for empoyees under 18 years of age. High schoo graduates, minors who work for their parents, and minors who do industria homework are incuded in this group. EXCEPTIONS 1. An empoyment certificate or permit is not required for work as a caddie on a gof course. However, the caddie must be at east 14 years od. 2. An empoyment certificate is not required for a baby sitter. However, the baby sitter must be at east 14 years od. 3. An empoyment certificate is not required for work as a bridge caddie. However, the caddie must be at east 12 years od. 4. A permit is not required for a minor 16 or 17 years of age who performs work on a farm. However, a farm work permit is required for a minor 14 or 15 years of age who performs such work. A permit aso is required for a minor, who aso must be at east 12 years of age, empoyed in the hand harvest of berries, fruits and vegetabes. 5. A permit is not required for a minor who assists a parent, aunt, unce, grandparent, or guardian in the sae of produce of a farm that is owned or eased by the minor s parent, aunt, unce, grandparent or guardian at a farm stand or farmer s market stand that is owned or eased by the minor s parent, aunt, unce, grandparent or guardian. However, the minor must be at east 12 years od. 6. An empoyment certificate or permit is not required for minors 12 years of age or oder working for their parents either on the home farm or at other outdoor work not connected with a business. 7. An empoyment certificate is not required for a coege student 16 or 17 years of age empoyed by a nonprofit coege or university or fraternity, sorority, student association, or facuty association. 8. An empoyment certificate is not required for a minor 14 or 15 years of age to engage in casua empoyment consisting of yard work and househod chores in and about a residence or the premises of a nonprofit, noncommercia organization, if it does not invove the use of power-driven machinery. Minors 16 or 17 do not need empoyment certificates for casua work even if it invoves power-driven machinery ordinariy used in connection with yard work or househod chores. 38 3

7 For awn and garden work, therefore, the requirement for an empoyment certificate depends on a minor s age, whether power-driven machinery is used, and whether the empoyment is casua (without reguarity, occasiona, without foresight, pan, or method). The tabe beow carifies when a certificate is needed: Minors 14 and Minors 16 and 15 years od 17 years od No power- No certificate if work is No certificate if work driven casua. is casua. machinery Certificate required if Certificate required if used work is reguar. work is reguar. Power- Certificate required No certificate if work driven whether or not work is casua. machinery is casua.* Certificate required if is used work is reguar. * Federa aw requires a 16-year age minimum for the operation of power-driven machinery, incuding power-driven awn mowers. Comparison New York State vs. Federa Chid Labor Laws TYPES OF EMPLOYMENT CERTIFICATES AND PERMITS CERTIFICATES A Student Non-factory Empoyment Certificate (AT-1 8, bue paper) is issued to a minor 14 or 15 years od for permitted work in any trade, business, or service, but not for work in a factory workroom or for work invoving use of dangerous materias or chemica processes. A Student Genera Empoyment Certificate (AT-19, green paper) is issued to a minor 16 or 17 years od who is attending schoo. It is vaid for work in a factory or any other trade, business, or service, but not vaid for hazardous empoyment such as operating certain power-driven machines, construction work, or for work as a heper on a motor vehice. A Fu-Time Empoyment Certificate (AT-20, samon paper) is issued to a minor 16 or 17 years od who is not attending schoo, or is eaving schoo for fu-time empoyment. It is vaid for work in a factory or any other trade, business, or service but not vaid for hazardous empoyment such as operating certain power-driven machines, construction work, or for work as a heper on a motor vehice. (See Prohibited Occupations on page 14.) 4 37

8 NEW YORK STATE DEPARTMENT OF EDUCATION: Abany (518) , State Education Bdg., CITY BOARDS OF EDUCATION: See the Bue Pages in your oca phone book. NEW YORK STATE DEPARTMENT OF LABOR, APPRENTICE TRAINING SECTION: Abany Bdg. 12, State Campus, (518) New York City 247 W. 54th St. 5th Foor (212) STATE DIVISION OF HUMAN RIGHTS: Abany Afred E. Smith Bdg., (518) U.S. DEPARTMENT OF LABOR EMPLOYMENT STANDARDS ADMINISTRATION WAGE AND HOUR DIVISION: Abany Leo W O Brien Buiding, (518) Buffao Federa Bdg., Room 1512, 111 West Huron Street, Long Isand 825 East Gate Bvd., Garden City, New York City 201 Varick St., Rm. 750, Federa Pz., Rm. 3838,10278 Syracuse Federa Bdg., Room 1373, 100 S. Cinton St., PERMITS Farm Work Permits (AT- 24, yeow paper) are issued to minors 14 and 15 years of age for farm work during vacation, before or after schoo hours, and on days when attendance at schoo is not required. Such a permit must be signed by each empoyer, and is not vaid for work in or in connection with a factory or cannery. A minor may change his/her farm job without obtaining a new permit. Permits (AT-25, white paper) are aso issued to minors 12 and 13 years of age empoyed in the hand harvest of berries, fruits, and vegetabes. Such minors must be accompanied by a parent or must provide the empoyer with the parent s written consent to work. Newspaper Carrier Permits (AT-23, buff paper) are issued to boys and girs 11 to 18 years of age for work in the deivery, or sae and deivery of newspapers, shopping papers, or periodicas to homes or paces of business. The minors must carry the permit whie working. (See page 9 under Specia Occupations. Aso, see footnote on page 2.) Street Trade Permits (AT-26, ivory paper) are issued to sef-empoyed boys and girs 14 to 18 years od who se newspapers or periodicas on streets or in pubic paces or who work as shoeshiners. (See page 9 under Specia Occupations.) Chid Mode Permits (AT-12, green booket) are issued for the empoyment of chid modes under 18 years od. (See page 10 under Specia Occupations.) OTHER TYPES OF CERTIFICATES Certificates of Age. For his/her protection, an empoyer may request a person who is over 18 to provide a certificate of age. This document may be obtained from schoo authorities. The empoyer may then keep it on fie as concusive proof of the worker s age. OBTAINING EMPLOYMENT CERTIFICATES AND PERMITS Minors can obtain empoyment certificates or permits from the schoo they attend or from the superintendent of schoos in that area. The paperwork required incudes: 1. Written permission from a parent to work (there are exceptions for minors considered to be emancipated by schoo authorities). 2. Proof of age, either a birth certificate or some other document at east two years od that satisfies the officer issuing the certificate. 5

9 3. A certificate of physica fitness to assure that the young person is in sound heath and that the work wi not impair his/her physica condition. Schoo medica doctors or physicians designated by the Department of Heath give physica examinations. Otherwise minors may obtain a certificate of physica fitness from their own doctor. Minors from neighboring states who seek work in New York can use a certificate issued by a physician in their home state. Physicians who find that a youth age 4 to 8 is not physicay fit for some occupations but may engage safey in other types of work, can issue a certificate of imited physica fitness. For youths to obtain a fu-time empoyment certificate, their parent or guardian must appear in person before the schoo authorities to give consent. (High schoo graduates can use written consent.) In addition, youths must provide proof of age, a certificate of physica fitness, and a schooing record. In New York City and Buffao, a 6-year-od minor who is eaving schoo must have a pedge of empoyment signed by the prospective empoyer that shows the number of work-hours per day, days per week, and the nature of work to be done. For a farm work permit, the minor must submit parenta permission, proof of age, and a certificate of physica fitness. The hiring party does not have to submit a pedge of empoyment. For a newspaper carrier permit or a street trades permit, the minor must present parenta permission, proof of age, and a statement of physica fitness from either a schoo, department of heath, or private doctor. The medica statement is not required for the newspaper carrier permit if the appicant participates in the schoo s physica education programs. Students must fi out Part III of the Appication for Empoyment Permit (AT-22). For a chid mode permit, the minor must have parenta consent and a heath certificate. VALIDITY OF CERTIFICATES AND PERMITS Minors may use a newspaper carrier permit to work for any pubisher or distributor who suppies papers or periodicas. A minor may use the farm work permit and the chiid mode permit to work for any empoyer, but each empoyer must sign the permit. A young person may work for an unimited number of empoyers using the student non-factory empoyment certificate, the student genera empoyment certificate, and the fu-time empoyment certificate. When the minor eaves a job, the ADMINISTRATIVE AGENCIES The provisions governing the empoyment of minors in New York State are enforced by the various government agencies authorized to administer the particuar aws invoved. The addresses of the main offices in New York State foow: NEW YORK STATE DEPARTMENT OF LABOR, DIVISION OF LABOR STANDARDS: Abany Bdg. 12, State Campus, (518) Binghamton 44 Hawey St., Rm. 909,13901 (607) Buffao 65 Court St., (716) Hempstead 175 Futon Ave., (516) New York City Office ocation: 345 Hudson Street Maiing Address., PO Box 675, New York, NY (212) Rochester 109 So. Union St., Rm. 318, (716) Syracuse 333 East Washington St., (315) White Pains 120 Boomingdae Rd (914)

10 Q. If an empoyer compies with the State Law does that guarantee compiance with the Federa Law or if the empoyer compies with Federa Law does that guarantee compiance with State Law? A. Not in a cases. The rue to foow is that the aw that is most restrictive and protects the empoyee the most is the one that appies. For more information, see chart on page 38. Q. If a 16- or 17-year-od changes jobs, do they need a new Parent/Guardian Consent form and/or a new Certificate of Satisfactory Academic Standing for the new empoyer? A. A new Parent/Guardian form must be obtained for each job, because the forms are ony vaid for the empoyer isted. The Schoo Satisfactory Academic Standing Certificate is vaid for the entire marking period, regardess of the empoyer. Q. Where are forms avaiabe? A. Empoyers can obtain parenta consent forms from a Labor Standards Office. Academic Standing certificates are provided by the oca schoo. empoyer must return the certificate to the minor. Students with severa jobs may request mutipe copies of certificates or permits. The tota hours worked for mutipe empoyers by a minor may not exceed the daiy and weeky hours maximums. LOCATION OF CERTIFICATE The empoyer must keep Student Non-Factory, Student Genera, and Fu-Time Empoyment Certificates on fie, at the ocation where the minor is empoyed, as ong as the minor remains empoyed. The minor must keep Farm Work Permits, Mode Permits, Newspaper Carrier Permits, and Street Trades Permits in his/her possession at a times. A temporary pacement agency that assigns empoyees for short-term service at other estabishments must keep on fie the origina copy of the Student Non-Factory, Student Genera, or Fu-Time Empoyment Certificate in its office and provide copies at the estabishment where the minor works. DUTIES OF EMPLOYMENT AGENCIES Empoyment agencies have certain obigations under the aw with regard to pacement of minors on jobs. They may not refer minors to any job if the empoyment vioates the provisions of the Labor Law or Education Law pertaining to empoyment of minors. They may not refer minors, or anyone ese, to jobs paying ess than the prescribed Federa or State minimum wage. They may not recruit out-of-state minors under 18 years of age for pacement in domestic empoyment. Empoyment agencies must be icensed. State aw fixes the maximum fee that an empoyment agency may charge a job appicant. The aw aso prohibits agencies from misrepresenting jobs. The Empoyment Agency Law (Artice 11, Genera Business Law), which reguates the activities of empoyment agencies, is administered by the Department of Labor throughout the state except in New York City, where enforcement is the responsibiity of the New York City Department of Consumer Affairs. The Labor Department is authorized to enforce the aw prohibiting an empoyment agency from iegay referring a minor to a job or referring any person to a job paying ess than the appicabe state minimum wage. 34 7

11 SPECIAL OCCUPATIONS DELIVERY AND CLERICAL EMPLOYMENT IN FACTORY OFFICES AND SERVICE STORES Athough no minor under 16 may work in a factory workroom, 14- or 15-year- ods may work in deivery and cerica jobs in a factory office that is encosed and separate from the pace where manufacturing is carried on. The office must have a partition at east seven feet high, and must have an entrance that wi permit the minors to enter or eave the office without passing through the factory workroom. A minor 14 or 15 aso may work in a deivery or cerica job in a dry ceaning store, taior shop, shoe repair shop, aundry store, hat ceaning store, and simiar service stores, but he or she is not permitted to work in proximity to dangerous machinery, equipment, or process.* NEWSPAPER SALES AND DELIVERY There are two principa occupations reated to newspaper saes and deivery: 1. Newspaper Carrier The Education Law defines a newspaper carrier as one who deivers, or ses and deivers, newspapers, shopping papers, or periodicas to customers at their homes or paces of business. The minimum age for a newspaper carrier is 11. (See footnote on page 2.) A newspaper carriers between ages 11 and 18 must have a permit. A newspaper carrier may not work before 5 a.m., after 7 p.m. or 30 minutes prior to sunset, whichever is ater, nor during the time when minors are required to attend schoo. (See chart on pages 20 and 21 for daiy hours.) A newspaper carrier permit is not vaid for work as a heper on a newspaper deivery truck deivering papers to stores or distributors. The newspaper pubisher or distributor who suppies the papers or periodicas to the carrier must provide workers compensation insurance for that empoyee. A newspaper pubisher or distributor who knowingy permits a newspaper carrier to work in vioation of the provisions of the Education Law is iabe for a doube ANSWERS TO SOME COMMON QUESTIONS ABOUT THE EMPLOYMENT OF MINORS Q.Can a 16- or 17-year-od minor who has quit schoo work more than 4 hours per day or 28 hours per week? A. Yes. If a minor has eft schoo vountariy he or she is not required to attend. The minor must have a Fu-Time Empoyment Certificate and may work 8 hours per day, 48 hours per week between the hours of 6 AM and midnight. Q.Does a 16- or 17-year-od minor who has graduated from high schoo or attends coege need parenta and schoo consent to work past 10 PM? A. No. This aw pertains to 16- and 17-year-ods who are attending high schoo. Minors who are high schoo graduates must have a Fu-Time Empoyment certificate. Q.If a 16- or 17-year-od minor is obtaining a High Schoo Equivaency Dipoma, does that restrict their working hours when schoo is in session? A. No. Their attendance Is not mandated by the Education Law. However, they must have a Fu-Time Empoyment Certificate. Q. Shoud a injuries at work be reported? A. Yes. A injuries shoud be reported to the empoyer and the physician or hospita so they can fie a report with the Workers Compensation Board to protect the young person and cover the medica expenses. Q. Do minors who do not yet attend schoo need a Modeing Permit? A. Yes. A minors under 18 years od must have a Mode Permit to be empoyed, used, exhibited, or caused to be exhibited as a mode. See Page 10 for Commissioner of Education reguations concerning hours minors may be empoyed as modes, etc. *Federa aw requires that any deivery work for retai stores that is performed by 14- and 15- year-ods be made on foot, by bicyce or via bus. It aso forbids them from working in a pace where processing (such as aundering or dry ceaning) takes pace. 8 33

12 tion that combines high-eve academic achievement with a graduated understanding of the word of work. Students are encouraged to participate in workbased earning activities that may incude: internships, job shadowing, mentoring, youth apprenticeship. SCHOOL-TO-WORK APPRENTICESHIP PROGRAM (SWAP) This muti-year program combines supervised on-the-job training and specific reated instruction in an academic setting. Through the coordinated efforts of oca schoo districts, sponsors and the State Education Department, students are enroed in apprenticeship programs that are registered and monitored by the State Department of Labor SWAP is designed to ead youth directy into either a reated post-secondary education program, entry-eve job or registered apprenticeship program. Once registered, apprentices wi receive financia compensation. SALE OF GOODS PRODUCED WITH EMPLOYMENT OF MINORS The Genera Business Law prohibits anyone from knowingy seing goods manufactured or mined by minors ess than 16 years of age. VIOLATIONS A vioation of any provision of the Labor Law, the Industria Code, or any rue, reguation, or awfu order of the Department of Labor is a crimina offense punishabe by fine, imprisonment, or both. The iega empoyment of minors aso entais civi penaties of up to $1,000 for the first vioation, $2,000 for the second vioation, and $3,000 for the third and subsequent vioations. However if the vioation invoves iega empoyment during which the minor is seriousy injured or dies, the penaty is tripe the maximum which woud otherwise be aowabe under the aw for such a vioation. An empoyer may not penaize or discharge an empoyee because he or she has compained to the Labor Department that the empoyer has vioated any provision of the Labor Law. The Federa Fair Labor Standards Act authorizes the Secretary of Labor to assess a civi money penaty of up to $10,000 for each vioation of the abor provisions regarding minors or any of its reguations. This penaty is in addition to those provisions for fines, imprisonment, or restraint by injunction. indemnity compensation award if the minor is injured. The newspaper suppier cannot be insured for the additiona award but must pay it out of pocket. It is unawfu for a person knowingy to deiver newspapers or periodicas to a newspaper carrier who is not in compiance with the reguations. The Commissioner of Labor and the poice have concurrent power to enforce the reguations, except with respect to the issuance and revocation of the permit, which is under the jurisdiction of the oca educationa authorities. (Note: The above newspaper carrier reguations do not appy to a minor empoyed to se newspapers at a stand owned either by a candy store proprietor or by a newspaper pubisher or distributor. Such a minor is covered by the provisions of the Labor Law appying to minors empoyed in other industries or occupations.) 2. Street Trades - Seing Newspapers The street trades provisions of the Education Law appy to minors who se newspapers or other periodicas on streets or in other pubic paces. Minors between 14 and 18 who work on the street must have a street trades permit. The Commissioner of Labor and the poice have concurrent power to enforce the street trades reguations, except with respect to the issuance and revocation of the permits, which is under the jurisdiction of educationa authorities. SHOESHINERS The street trades reguations appying to the seing of newspapers described above aso appy to work as a shoeshiner on streets or in other pubic paces. CHILD ACTORS The Chid Performer Education and Trust Act of 2003 contains new requirements regarding: empoyer certificates and chid performer permits; trust accounts; pacing chid performer earnings in them; and satisfactory academic performance of chid performers. Under the new aw parents/ guardians must obtain permits for their chid perfomers from the State Labor Department. In addition, parents/guardian must prove they have estabished a trust account for their chid performers. Part of every chid performer's earnings must be withhed by their empoyers and paced into a trust account. The Chid Perfomer Permit, known as LS 555, can be obtained onine at or by caing HIRE

13 CHILD MODELS Minors not yet 18 may not be empoyed or exhibited as modes without a permit from the educationa authorities. The permit authorizes work for severa empoyers, but each empoyer must sign the permit. COMMISSIONER OF EDUCATION REGULATIONS FOR CHILD MODELS a) A minor empoyed, used, exhibited, or caused to be exhibited as a mode sha be accompanied by the parent or guardian of such minor or by an adut designated in writing by such parent or guardian provided that in reation to a minor fifteen years of age or under, the empoyer of the minor may not be so designated by the parent or guardian. b) No minor sha be empoyed, used, exhibited, or caused to be exhibited as a mode during the hours he/she is required to be in attendance in the schoo in which he/she is enroed. c) 1) No minor under 7 years of age sha be empoyed, used, exhibited or caused to be exhibited as a mode for more than 2 hours in any 1 day and not more than 10 hours in any 1 week nor sha such minor be so empoyed, used, exhibited, or caused to be exhibited during the hours of 6 p.m. to 9 a.m. 2) i) No minor 7 years of age through 13 years of age, in any week during which the schoo said minor attends is in session, sha be empoyed, used, exhibited, or caused to be exhibited as a mode more than 3 hours in any one day in which such schoo is in session or 4 hours in any one day in which such schoo is not in session but not more than 18 hours in any such week. ii) No minor 7 years of age through 13 years of age, in any week during which the schoo said minor attends is not in session, sha be empoyed, used, exhibited, or caused to be exhibited as a mode more than 4 hours in any 1 day but not more than 20 hours in any such week. iii) No such minor sha be empoyed, used, exhibited, or caused to be exhibited between the hours of 6 p.m. and 9 a.m. 3) i) No minor 14 or 15 years of age, in any week during which the schoo said minor attends is in session, sha be empoyed, used, exhibited, or caused to be exhibited as a mode more than 3 hours in any 1 day in which such schoo is in session or 8 hours in any 1 day in which such schoo is not in session, but not more than 23 hours in any such week. ii) No minor 14 or 15 years of age, in any week during which the schoo said minor attends is not in session, sha be empoyed, used, exhibited, or caused ment, academic remediation, GED preparation, counseing and SCANS skis deveopment. The primary focus group for this program is 18- and 19-year-ods, but ages range from 16 to 21 years. Youth Work Skis (YWS) This program serves economicay disadvantaged out-of-schoo youth ages 16-21, with reading eves at or beow the 5th grade eve. Participants incude homeess youth, teen parents, youth with ega offenses and those with a history of mutiprobem ife experiences. The program stabiizes the youths situation and teaches them to be job ready. The YWS program provides basic academic skis, support services, work experience and pacement into unsubsidized empoyment. This program incudes GED preparation as we as SCANS deveopment. Up to 10% may be non-economicay disadvantaged but with other barriers to empoyment. COOPERATIVE EDUCATIONAL PROGRAMS Loca educationa agencies throughout the state are engaged in Cooperative Occupationa Education Programs where students at east 14 years of age and oder are being trained cooperativey by empoyers and these agencies. The programs empoy various systems of aternating schoo cassroom instruction with appropriate reated on-the-job experience to hep students reaize their occupationa goas. Secondary education programs of this type must be approved by the State Education Department. It is important that each oca program incude specific heath and safety instruction as part of a pan and agreement for each job pacement. A trained, certified cooperative coordinator is responsibe for the deveopment of this pan as we as for periodic visitations on the job and, in some programs, for schoo-reated instruction. Participants 16 and 17 years of age may not be paced with any empoyer more than 6 hours per day or 28 hours per week. Participants 4 and 5 years od may not work more than three hours a day on schoo days. As in other workexperience programs, cooperative occupationa education students under the age of 18 must obtain working permits and be paid according to the appropriate minimum wage orders. Participants 14 and 15 years od may not work during schoo hours without specia permission. SCHOOL-TO-WORK PROGRAM Schoo-to-Work is a new approach to earning that inks students, schoos and workpaces. Locay driven and community based, it is an effort to reform educa

14 Economic Deveopment Zone Wage Tax Credits (EDZ) WOTC eigibe empoyees may aso earn additiona state wage tax credits for certified businesses that are ocated in one of the state s 52 Economic Deveopment Zones. EDZ empoyers can caim up to $1,500 for each WOTC empoyee hired for a newy created job. In Zone Equivaent Areas (ZEA) empoyers can caim up to $1,000 for each WOTC empoyee hired for a newy created job. Summer Jobs for Youth Each year the Empoyment Services Division promotes the hiring of youths for summer jobs and refers young peope to summer job openings. Adoescent Vocationa Exporation (AVE) The AVE Program, a career education program for youth, attempts to intervene in the ives of at-risk youth before they have to face the consequences of inadequate preparation for the job market. Intervention may begin as eary as age 14,whie there is sti time for youth to identify and shape their own skis and vocationa direction. AVE provides an opportunity for minors to earn the skis and attitudes they wi need to get a job, to understand the importance of the forma preparation that schoo provides, and to obtain first-hand experience in jobs and through interaction with roe modes in their communities. The program targets economicay disadvantaged youth, ages 14 through 17, who need extraordinary support due to environmenta, economic, or persona circumstances. This may incude underachievers, truants, or potentia dropouts. Program activities incude fied and cassroom career exporation, group and individua counseing, and educationa activities eading to academic credit. Progressive Adoescent Vocationa Exporation (PAVE) This program is simiar to the AVE program in its first year but targets oder in-schoo youth (15- to 18- year-ods) whie serving 14- to 21-year-ods. A second year of activities is added to provide the skis necessary to successfuy transfer to the workpace or further higher education. The first year of this two-year program focuses on cassroom activities and skis deveopment/experientia earning activities. The second year focuses on apprenticeships, entrepreneurship, internships, and preparation for post-secondary education. The program provides academic and SCANS skis deveopment in the functiona context of participant career choices. Upon the competion of each year the participants are eigibe for academic credit. Another Chance Initiative for Education, Vocation, or Empoyment (ACHIEVE) This youth program focuses on increasing empoyment readiness and the basic skis of schoos dropouts through on-the-job training, work experience, pace 30 to be exhibited as a mode more than 8 hours in any 1 day but not more than 40 hours in any such week. iii) No such minor sha be empoyed, used, exhibited, or caused to be exhibited between the hours of 6 p.m. and 9 a.m. 4) i) No minor 16 or 17 years of age, in any week during which the schoo said minor attends is in session, sha be empoyed, used, exhibited, or caused to be exhibited as a mode more than 4 hours in any 1 day in which such schoo is in session or 8 hours in any 1 day in which such schoo is not in session but not more than 28 hours in any such week. ii) No minor 16 or 17 years of age, in any week during which the schoo said minor attends is not in session, sha be empoyed, used, exhibited, or caused to be exhibited as a mode more than 8 hours in any 1 day but not more than 48 hours in any such week. iii) No mae minor 16 or 17 years of age sha be empoyed, used, exhibited, or caused to be exhibited as a mode between 12 o cock midnight and 6 a.m. and no such femae minor sha be so empoyed between 10 p.m. and 7 a.m. d) Chid mode work permits sha accompany each minor empoyed, used, exhibited, or caused to be exhibited as a mode and each person empoying, using, or exhibiting the minor sha at the beginning and at the competion of such empoyment, use, or exhibition for each day indicate the exact hours of such empoyment, use, or exhibition and sha in addition indicate the tota hours of such empoyment, use, or exhibition for such day. e) The certificate of physica fitness issued to each minor empoyed, used, exhibited, or caused to be exhibited as a chid mode sha, in the case of each such minor who is in attendance at a schoo, be made by the medica inspector charged with the duty of making physica examinations of a schoo chidren and for each such minor not in attendance at a schoo sha be made by a physician icensed to practice medicine in the State of New York except that in a city of over 1,000,000 popuation such certificate sha be issued ony by a physician designated by the Department of Heath if the minor is of schoo age. f) A chid mode work permit sha be issued by the superintendent of schoos in cities and schoo districts empoying a superintendent of schoos and esewhere by the district superintendent of schoos. A superintendent of schoos or district superintendent of schoos may designate in writing one or more pubic schoo officias to act as certifying officers in his stead. g) A chid mode work permit may be revoked by the certifying officer at any time for any vioation of aw or of these reguations or for any other good cause. 11

15 HOURS OF WORK The number of hours a minor may work per day and per week depends upon the youth s age, the type of work being performed, and whether schoo is in session. New York State has one of the most stringent chiid abor aws in the country, which imits the number of hours that minors under 18 may work when schoo is in session. It requires that 6- and 7-year-ods may not work past 0 p.m. on the night before a schoo day without permission from a parent and a certificate of satisfactory academic standing from their schoo. Minors may not work during the hours when they are required to attend schoo. When schoo is in session, generay from September to June, minors 14 and 15 years od may not work for: - more than 3 hours on any schoo day - more than 8 hours on a non-schoo day (Saturday, Sunday, hoidays) - more than 18 hours in any week - more than 6 days in any week except baby sitters, bridge caddies at bridge tournaments, farm aborers, newspaper carriers, performers and modes. However, 14- or 15-year-od minors who are empoyed as part of a supervised work study or work experience program that is approved by the Commissioner of Education may work 3 hours on a schoo day and 23 hours a week, instead of 3 hours a day and 18 hours a week. (See footnote 1 on the chart on pages 20 and 21.) When schoo is in session, minors 16 and 17 years od enroed in a day schoo, other than a part-time or continuation schoo, may not work for: - more than 4 hours on any day preceding a schoo day (M, T, W, Th.) - more than 8 hours on Friday, Saturday, Sunday, or hoiday - more than 28 hours in any week - more than 6 days in any week except as baby sitters, bridge caddies at bridge tournaments, farm aborers, newspaper carriers, performers and modes. However, students enroed in a cooperative work experience program approved by the Department of Education may be empoyed up to a maximum of 6 hours on a day preceding a schoo day other than a Sunday or a hoiday if these hours are in conjunction with the program. Any hours worked in such program sha be incuded when cacuating the number of hours worked for the 4-hour maximum. 12 dents who pan to work fu-time after graduation to suitabe job openings. In other parts of the state, DOL staff undertake cooperative activities based on the needs of the schoos in their area and the capacities of the schoo guidance staff. Youth Empoyment Speciay trained interviewers and vocationa counseors advise out-of-schoo youths and refer them to suitabe jobs. They make specia efforts to pace disadvantaged and/or inexperienced minors aged 16 to 22. The program staff often refer unempoyed youths who need training to projects sponsored under the Workforce Investment Act (WIA), oca schoo programs, and community-based agency training programs. For exampe, the Department of Labor can refer minors to programs deveoped through recent WIA youth egisation to Youth Empoyment and Training Programs conducted by WIA Service Deivery Areas. Work Opportunity Tax Credit (WOTC) Program Specia incentives for empoyers to hire minors are provided under the WOTC Program. The program is aimed at encouraging empoyers to hire persons with difficuties finding work or who are economicay disadvantaged. Businesses may caim a credit for each youth aged 18 through 24 that they hire who has been certified by the New York State Department of Labor as being a member of one of the WOTC target groups. The empoyer can caim one-time Federa tax credit of up to $2,400 (40% of the first $6,000 in wages). A companion Wefare-to-Work Tax Credit (W2W) provides Federa credits totaing up to $8,500 over a two-year period for businesses that hire ong term pubic assistance recipients. The WOTC Program incudes High Risk Youth, ages 18 through 24 on the day hired, whose principa residence is in a federay designated Empowerment Zone or Enterprise Community. Federa Empowerment Zone (EZ) residents who are empoyed by a federa EZ business can earn their empoyer a muti-year federa EZ credit as we. Youth aso quaify if they are members of a famiy that received food stamps for at east the 6 (consecutive) months before date of hire, or for at east three of the five months before date of hire and their food stamp eigibiity expired. In addition, the program incudes summer hires youth ages 16 or 17 whose principa residence is in a federay designated Empowerment Zone or Enterprise Community, empoyed between May 1 and September 15. Empoyers can earn a federa credit of $750 (25% of the first $3,000 in wages) paid to each eigibe Summer Youth. 29

16 Excusions - Certain workers are excuded from unempoyment protection. These incude chidren of soe proprietors who are under the age of 21, students enroed in study programs and students empoyed at certain camps if they work for ess than 13 weeks in a year. Certain workers are excuded from unempoyment protection uness they work for non-profit organizations or governmenta entities. These incude daytime students in eementary and high schoos who work after schoo, weekends, or during vacation periods, babysitters under the age of 18, a minors under 14 years of age, and gof caddies. Unempoyment benefits depend upon the empoyee s average weeky wage, with a stipuated maximum. The cost of providing unempoyment insurance benefits is met entirey by the empoyer. Caimants for unempoyment benefits shoud fie a caim through the Labor Department s Teephone Caims Centers at An unempoyment insurance caimant may continue to receive unempoyment payments whie participating in an approved course of vocationa training or basic education. JOB PLACEMENT SERVICES The New York State Department of Labor provides free pacement service for peope who want a job and for empoyers who need workers. There are specia programs for minors and for the economicay disadvantaged. Empoyment counseors hep minors make the transition from schoo to a job. They hep youth to deveop job pans that are reaistic for the oca abor market and to impement these pans. These counseors aso provide occupationa and educationa information and hep minors to identify their vocationa potentia. You can earn more about these services at the nearest New York State Department of Labor oca office or Empoyment Services Center. OTHER YOUTH SERVICES The Joint High Schoo Program In New York City, State DOL staff work with cooperating high schoos to register seniors who pan to work after graduation. The seniors discuss their work interests, schoo performance, and scores on aptitude tests, and participate in other work-reated activities that hep them to seect appropriate jobs. The program aso heps drop-outs to find jobs as quicky as possibe after eaving schoo. Staffers hep the students who register in the program find part-time jobs. Toward the end of the schoo year they refer stu- 28 When schoo is not in session, and during vacations (schoo must be cosed for the entire caendar week), minors under 18 generay may not work more than 8 hours a day, 6 days a week; minors 14 and 15 may not work more than 40 hours a week and 16- and 17-year-ods may not work more than 48 hours a week. See the chart on pages 20 and 21 for detais. Federa egisation imits the work of 14- and 15-year-ods in firms engaged in interstate commerce to a maximum 3-hour day and 18-hour week when schoo is in session and to an 8-hour day and 40-hour week when schoo is not in session. (Schoo must be cosed for the entire caendar week.) In schoo cafeterias, a minor who has an empoyment certificate may work during the unch period at the schoo he or she attends. On farms, 12- and 13-year-ods who have farm work permits to pick berries, fruits, or vegetabes, may not work more than 4 hours per day, before 9 a.m. or after 4 p.m. when schoo is in session from the day after Labor Day to June 20th. From June 21st to Labor Day they may work 4 hours per day between the hours of 7 a.m. and 7 p.m. There are no hour reguations for farm work that appy to minors 14 years of age or oder. When a minor is empoyed in two or more estabishments in the same day or week, the tota time of empoyment may not exceed the daiy or weeky aowance for a singe estabishment. NIGHTWORK RESTRICTIONS In addition to the imitations on the number of hours minors may work in a day or a week, the aw prohibits them from working before or after certain hours, depending on their age and occupation. Minors under 16 may not work between 7 p.m. and 7 a.m. in most jobs, after Labor Day to June 20th and between 9 p.m. and 7 a.m. from June 21st to Labor Day. Newspaper carriers may not work between 7 p.m. (or 30 minutes prior to sunset, whichever is ater) and 5 a.m. Minors engaged in street trades may not work between 7 p.m. and 6 a.m. During vacation, when schoo is not in session, minors 16 and 17 years od may not work between midnight and 6 a.m. During the schoo year, on an evening preceding a schoo day they may work after 10 p.m. (up to midnight) ony with the written consent of a parent and a Certificate of Satisfactory Academic Standing from their schoo. During the schoo year on an evening preceding a non-schoo day, minors 16 and 17 years od may work after 10 p.m. (up to midnight) ony with the written consent 13

17 of a parent. Parenta Consent Forms may be obtained by an empoyer from the Division of Labor Standards offices isted on page 35. The Certificate of Satisfactory Academic Standing is issued by the schoo the minor attends. POSTING PROVISIONS The empoyer must make a schedue for a minors and post it in a conspicuous pace. The schedue sets forth the hours minors start and end work and time aotted for meas. The hours of work can be changed, as ong as the changes are posted on the schedue. Minors may work ony on the days and at the times posted on the schedue. If minors are present at other times or if no schedue is posted, it is a vioation of the Chid Labor Law. STATE PROHIBITED OCCUPATIONS UNDER 18 YEARS OF AGE No one under the age of 18 may be empoyed in or assist in: any occupation at construction work, incuding wrecking, demoition, roofing, or excavating operations and the painting or exterior ceaning of a buiding structure from an eevated surface. any occupation invoved in the operation of circuar saws, bandsaws, and guiotine shears. any occupation in or about a saughtering and meat-packing estabishment, or rendering pant. any occupation invoved in the operation of power-driven woodworking, meta-forming, meta-punching, meta-shearing, bakery and paper products machines. any occupation invoved in the operation of power-driven hoisting apparatus. any occupation invoved in the manufacture of brick, tie, and kindred products. any occupation invoving exposure to radioactive substances or ionizing radiation, or exposure to siica or other harmfu dust. ogging occupations and occupations in the operation of any sawmi, ath mi, shinge mi, or cooperage-stock mi. If a minor ess than 18 years of age is injured whie working in vioation of the provisions of the Labor Law or of an Industria Code Rue prohibiting or reguating the empoyment of minors under 18, his or her compensation is doube the reguar award. The empoyer cannot insure himsef for the additiona payment but must pay it himsef. The doube indemnity provision aso appies to a newspaper pubisher or distributor who knowingy permits a newspaper carrier to work in vioation of the provisions of the Education Law. The cost of providing workers compensation insurance must be met entirey by the empoyer. Deductions may not be made from the empoyee s wages for such costs. Farm aborers are covered by the Workers Compensation Law if the empoyer paid farm workers cash wages of $1,200 or more in the preceding caendar year. An empoyer that is not covered may provide insurance vountariy. Domestic workers, other than those empoyed on farms, empoyed by the same empoyer for a minimum of 40 hours per week, are covered by Workers Compensation. UNEMPLOYMENT INSURANCE The Unempoyment Insurance Law provides for payment of benefits to quaified workers during periods of unempoyment. In genera, a empoyees in firms in which the empoyer had a payro incuding the vaue of tips, meas, and odging, commissions, and non-cash compensation of $300 or more during any caendar quarter are covered by unempoyment insurance. Domestic workers are covered if their empoyer paid domestic empoyees cash wages of $500 or more in a caendar quarter. Empoyees of non-profit reigious, charitabe, scientific, iterary, or educationa organizations are covered if their empoyers paid cash wages of $1,000 or more in a caendar quarter, or empoyed four or more persons on one day in each of 20 different weeks during a caendar year or the preceding caendar year. Farm workers are covered if their empoyer had a payro of $20,000 or more in any caendar quarter or empoyed 10 or more persons on at east one day in each of 20 different weeks during a caendar year or the preceding caendar year, or is iabe under the Federa Unempoyment Tax Act (FUTA) with respect to agricutura abor. Loca government empoyees are covered without any quaifying conditions