NY Lab L § 131 (2021)
2021 New York Laws LAB - Labor Article 4 - Employment of Minors 131 - Employment of Minors Fourteen or Fifteen Years of Age.

§  131.  Employment  of minors fourteen or fifteen years of age. 1. No minor fourteen or fifteen years of  age  shall  be  employed  in  or  in connection  with  any  trade,  business, or service when attendance upon instruction is required by the education law.   2. When attendance upon instruction is not required by  the  education law,  a  minor  fourteen  or  fifteen years of age may be employed if he presents an employment certificate or permit issued in  accordance  with the  education law; provided, however, that no minor fourteen or fifteen years of age shall be employed in or in connection with a factory.   3. Exceptions:   a. When attendance upon instruction is not required by  the  education law, a minor fourteen or fifteen years of age 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 a younger child  or  children  with  or  without the presence at such home of such child's or children's parents or guardians;  (3) Casual employment 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;  (4) Assisting a parent, aunt, uncle, grandparent or  guardian  in  the sale of produce of a farm that is owned or leased by the minor's parent, aunt, uncle, grandparent or guardian, at a farm stand or farmer's market stand  that  is  owned  or  leased  by  the minor's parent, aunt, uncle, grandparent or guardian, at times when school in not in session and  the minor  is  accompanied  by  the  parent or guardian or has presented the written consent of the parent or guardian.  (5) Caddie service at a bridge tournament;  (6) Work for his parents or guardians either on the home  farm  or  at other  outdoor  work  not  connected with or for any trade, business, or service.   b. Nothing  in  this  section  shall  be  construed  to  prohibit  the employment  of  a  minor  fourteen  or  fifteen  years of age as a child performer in compliance with section 35.01  of  the  arts  and  cultural affairs law and article four-A of this chapter.   c.  Nothing  in  this  section  shall  be  construed  to  apply to the employment of a minor fourteen or fifteen years of age as a child  model in compliance with section 35.05 of the arts and cultural affairs law.   d.  Nothing in this section, or the hours of work requirements of this chapter, shall apply to a newspaper carrier in compliance  with  section thirty-two  hundred twenty-eight of the education law. The picking up of newspapers at a newspaper plant shall not be construed to be  employment in  or in connection with a factory if there is provided a place for the picking up  of  such  newspapers,  which  place  does  not  contain  any dangerous  machinery or equipment and does not afford access to space in which any such dangerous machinery or equipment is located.   e. Nothing in this section shall prohibit the employment  of  a  minor fifteen years old who is found to be incapable of profiting from further instruction  available and who presents a special employment certificate issued in accordance with the education law. Such employment certificate shall not be valid for work in or in connection with a factory.   f. A minor fourteen or fifteen years of age may be  employed  in  farm service,  when  attendance  upon  instruction  is  not  required  by the education law, provided such minor presents a farm work permit issued in accordance with the education law. Such permit shall be valid only  when signed  by  the  employer  and  it  shall not be valid for work in or in connection with a factory.    g. Nothing in this section shall prohibit the employment  of  a  minor fourteen  or  fifteen  years  of age 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  the education law.   4. Employment in delivery and clerical employments:   a.  Nothing  contained in this article shall be deemed to prohibit the employment of a minor fourteen or  fifteen  years  of  age  for  whom  a student non-factory employment certificate has been issued in accordance with  the  provisions  of  the  education  law, in delivery and clerical employments:  (1) in an office of a factory, provided that such office  is  enclosed and  separate  from  the  place  where  manufacturing is carried on, and provided that the minor is not engaged in any manufacturing operation or process; or  (2) in or in connection with dry cleaning stores, tailor  shops,  shoe repair  shops  and  similar  service  stores  which clean, press, alter, repair or dye articles or goods  belonging  to  the  ultimate  consumer, provided  that  such  employment  does  not involve the use of dangerous machinery or equipment, or chemical processes.   b. The commissioner may promulgate  rules  and  regulations  which  he deems necessary to carry out the provisions of this subdivision.   5. Nothing in this section shall be construed to permit the employment of a minor fourteen or fifteen years of age in any occupation prohibited by section one hundred thirty-three of this chapter.   6. Nothing in this section shall prevent the rendering of services for the  public  good  by  a  minor of fourteen or fifteen years pursuant to section seven hundred fifty-eight-a or 353.6 of the family court act.