reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter D - Hours Of Labor › Part 177 - Restrictions On Consecutive Hours Of Work For Nurses › Section 177.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Emergency shall
				  mean an unforeseen event that could not be prudently planned for by a health
				  care employer and does not regularly occur, including an unanticipated staffing
				  emergency.
(b) Health care disaster
				  shall mean a natural or other type of disaster that increases the need for
				  health care personnel, unexpectedly affecting the county in which the nurse is
				  employed or in a contiguous county, as more fully explained in section
				  177.3 
				  of this Part.
(c) Health care
				  employer shall mean any individual, partnership, association, corporation,
				  limited liability company or any person or group of persons acting directly or
				  indirectly on behalf of or in the interest of the employer, who provides health
				  care services:
(1) in a facility licensed or
				  operated pursuant to article 28 of the Public Health Law, including any
				  facility operated by the State, a political subdivision or a public corporation
				  as defined by section 66  of the General Construction Law;
				  or
(2) in a facility operated by
				  the State, a political subdivision or a public corporation as defined by
				  section 66  of the General Construction Law, operated
				  or licensed pursuant to the Mental Hygiene Law, the Education Law or the
				  Correction Law.
Examples of a health care facility include, but are not
					 limited to, hospitals, nursing homes, outpatient clinics, comprehensive
					 rehabilitation hospitals, residential health care facilities, residential drug
					 and alcohol treatment facilities, adult day health care programs, and
					 diagnostic centers.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter D - Hours Of Labor › Part 177 - Restrictions On Consecutive Hours Of Work For Nurses › Section 177.4 - Nurse coverage plans

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every
				  health care employer shall implement a nurse coverage plan, taking into account
				  typical patterns of staff absenteeism due to illness, leave, bereavement and
				  other similar factors. Such plan should also reflect the health care employer's
				  typical levels and types of patients served by the health care
				  facility.
(b) The plan shall
				  identify and describe as many alternative staffing methods as are available to
				  the health care employer to ensure adequate staffing through means other than
				  use of mandatory overtime including contracts with per diem nurses, contracts
				  with nurse registries and employment agencies for nursing services,
				  arrangements for assignment of nursing floats, requesting an additional day of
				  work from off-duty employees, and development and posting of a list or roster
				  of nurses seeking voluntary overtime.
(c) The plan must identify the supervisor(s)
				  or administrator(s) at the health care facility or at another identified
				  location who will make the final determination as to when it is necessary to
				  utilize mandatory overtime. The plan may require a nurse to assist in making
				  telephone calls consistent with the nurse coverage plan to find his or her own
				  shift replacement, but may not require a nurse to self-mandate
				  overtime.
(d) The plan shall
				  require documentation of all attempts to avoid the use of mandatory overtime
				  during a patient care emergency and seek alternative staffing through the
				  methods identified in subdivision (b) of this section. In the event that the
				  health care employer does utilize mandatory overtime, the documentation of such
				  efforts to avoid the use of mandatory overtime shall be made available, upon
				  request, to the nurse who was required to work the mandatory overtime and/or to
				  the nurse's collective bargaining representative, provided, however, that the
				  names and other personal identifying information about patients shall not be
				  included unless authorized under State and Federal law and
				  regulations.
(e) The plan shall be
				  in writing and upon completion or amendment of such plan, it shall:
(1) be made readily available to all nursing
				  staff through distribution to nursing staff, or conspicuously posting the plan
				  in a physical location accessible to nursing staff, or through other means that
				  will ensure availability to nursing staff, e.g., posting on the employer's
				  intranet site or its functional equivalent;
(2) be provided to any collective bargaining
				  representative representing nurses at the health care facility; and
(3) be provided to the Commissioner of Labor,
				  or his or her designee, upon request.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter D - Hours Of Labor › Part 177 - Restrictions On Consecutive Hours Of Work For Nurses › Section 177.5 - Report of violations

Current through Register Vol. 46, No. 28, July 10, 2024
Parties who wish to file complaints of violations of this
					 Part shall follow procedures and utilize the forms set forth for this purpose
					 on the department's website.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter D - Hours Of Labor › Part 177 - Restrictions On Consecutive Hours Of Work For Nurses › Section 177.6 - Conflicts with law and regulation; collective bargaining rights not diminished

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of this Part shall not be construed to
					 diminish or waive any rights or obligations of any nurse or health care
					 provider pursuant to any other law, regulation, or collective bargaining
					 agreement.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter D - Hours Of Labor › Part 177 - Restrictions On Consecutive Hours Of Work For Nurses › Section 177.7 - Waiver of rights prohibited

Current through Register Vol. 46, No. 28, July 10, 2024
A health care employer covered by this Part may not utilize
					 employee waivers of the protections afforded under Labor Law section 167 or
					 this Part as an alternative to compliance with such law or regulation. A health
					 care employer who seeks such a waiver from a nurse in its employ shall be
					 considered to have violated this Part.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter E - Employment Of Minors › Part 185 - Fourteen- And Fifteen-year-old Minors In Delivery And Clerical Employments In Factory Offices And Service Stores › Section 185.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in subdivision 6 of section 130  of the Labor Law:
(a) Minor. The term minor as used in this
				  Part means a person 14 or 15 years old.
(b) Delivery and clerical employments. The
				  phrase delivery and clerical employments means employments in conveying
				  articles or goods, and employments in the performance of routine office and
				  clerical duties, such as filing, addressing envelopes, keeping records, taking
				  telephone messages and orders, operating nonhazardous office machines, typing,
				  gathering and delivering messages, and running errands.
(c) Enclosed and separate office. The phrase
				  office is enclosed and separate from the place where manufacturing is carried
				  on means a separate place where no manufacturing operation or process is
				  performed and which is partitioned off from the factory workrooms. The
				  partition shall be at least seven feet high, except that if chemical,
				  radiation, or harmful processes are carried on in the factory workrooms, or
				  gases, fumes, or other impurities are generated or released in the course of
				  the factory processes, the partition shall be of solid material extending from
				  the floor to the ceiling and shall contain no opening to the workroom, except
				  for such access doors as may be required. The office shall have an entrance
				  which will permit a minor to enter or leave the office without having to pass
				  through the factory workroom.
(d)
				  Manufacturing. Manufacturing and manufacturing operation or process mean the
				  making, altering, repairing, finishing, bottling, canning, cleaning or
				  laundering any articles or goods, in whole or in part.
(e) Service stores. Service stores mean dry
				  cleaning stores, tailor shops, shoe repair shops, laundry stores, laundromats,
				  hat cleaning stores, and similar stores that clean, press, alter, repair, or
				  dye articles or goods belonging to the ultimate consumer.
(f) Dangerous machinery or processes. Use of
				  dangerous machinery or equipment, or chemical processes means operating or
				  assisting in the operation of any power-driven machine, including washing,
				  drying, cleaning, dyeing, pressing, sewing, cutting, finishing, and polishing
				  machines, and work involving any chemical, radiation, or harmful
				  process.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter E - Employment Of Minors › Part 185 - Fourteen- And Fifteen-year-old Minors In Delivery And Clerical Employments In Factory Offices And Service Stores › Section 185.2 - Standards

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Employment in
				  an office of a factory shall not include any duties in workrooms where goods
				  are manufactured or processed.
(b)
				  No minor employed in an office of a factory shall be permitted to engage in
				  manufacturing or in any manufacturing operation or process, or in shipping or
				  preparing for shipment articles or goods manufactured in the factory. Nothing
				  herein shall be construed to prohibit the employment of a minor in light
				  delivery work. Light delivery work means the delivery of articles or goods
				  weighing less than 15 pounds. Examples of light delivery work are deliveries
				  for dental laboratories and deliveries of photographic prints.
(c) No minor employed in a service store
				  shall be permitted to operate or assist in the operation of any dangerous
				  machinery or equipment, or be engaged in any work involving any chemical, or
				  harmful process.
(d) Employment in
				  a service store shall not involve any duties requiring the minor to be in close
				  proximity to any dangerous machinery, equipment, or process.
(e) No minor shall be employed in delivery
				  work in connection with warehousing and storage.
(f) No minor shall be employed as a motor
				  vehicle helper in riding on a motor vehicle for the purpose of assisting in
				  transporting or delivering articles or goods.
(g) A minor shall be supervised by an adult
				  person at all times that he is on the premises where he is employed.
(h) No minor shall be employed in any
				  occupation that endangers his life or limb, or injures his health. (Penal Law,
				  §483.)
(i) No minor shall be
				  employed without a vacation work permit issued in accordance with the
				  provisions of the Education Law.
(j) No minor shall be employed during the
				  hours while school is in session. No minor shall be employed more than three
				  hours on a school day, nor more than eight hours on a day when school is not in
				  session. No minor shall be employed more than 23 hours a week during the weeks
				  that school is in session, nor more than 40 hours a week during vacation
				  periods. No minor shall be employed before 8 a.m. nor after 6 p.m. on any day,
				  nor more than six days in any one week. Every employer shall conspicuously post
				  a schedule of the daily working hours on a form provided by the Department of
				  Labor.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter E - Employment Of Minors › Part 186 - Child Performers › Subpart 186-1 - Purposes, Scope And Exemptions › Section 186-1.1 - Purposes of part

Current through Register Vol. 46, No. 28, July 10, 2024
The purposes of this Part are to protect the safety,
						morals, health, and well-being of child performers, to ensure that child
						performers who work or reside in the State of New York are provided with
						adequate education, and to ensure that a portion of the child performer's
						earnings are kept in trust for the benefit of the child performer until such
						child reaches the age of majority.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter E - Employment Of Minors › Part 186 - Child Performers › Subpart 186-1 - Purposes, Scope And Exemptions › Section 186-1.2 - Scope

Current through Register Vol. 46, No. 28, July 10, 2024
This regulation shall apply to all child performers who
						either reside or work in New York State and to the entities employing
						them.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter E - Employment Of Minors › Part 186 - Child Performers › Subpart 186-1 - Purposes, Scope And Exemptions › Section 186-1.3 - Exemptions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Live
					 performances. This Part shall not apply to participation, employment, use or
					 exhibition of any child, other than in the making of a motion picture film or
					 radio or television program:
(1) in a church,
					 academy or school, including a dancing or dramatic school, as part of the
					 regular services or activities thereof respectively; or
(2) in the annual graduation exercises of any
					 such academy or school; or
(3) in a
					 private home; or
(4) in any place
					 where such performance is under the direction, control or supervision of a
					 department of education.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter E - Employment Of Minors › Part 186 - Child Performers › Subpart 186-2 - Definitions › Section 186-2.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part:
(a) Artistic or creative services shall mean
					 those services in connection with a performance, or an appearance in a reality
					 show, including, but not limited to, services as an actor, actress, dancer,
					 musician, comedian, singer, stunt-person, voice-over artist, or other performer
					 or entertainer, or as a songwriter, musical producer or arranger, writer,
					 director, producer, production executive, choreographer, composer, conductor,
					 or designer.
(1) Artistic or creative
					 services shall also include appearing as a model in a television broadcast or
					 program.
(2) Whenever the term
					 performance is used in this Part, it shall mean providing artistic or creative
					 services.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter E - Employment Of Minors › Part 186 - Child Performers › Subpart 186-3 - Responsibilities Of Parents And Guardians › Section 186-3.1 - Child performer permit

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No
					 parent or guardian of a child shall allow the child to be employed as a child
					 performer unless the parent or guardian has a current and valid temporary child
					 performer permit or a child performer permit issued by the commissioner on
					 behalf of the child.
(b)
					 Notwithstanding the above, a parent or guardian shall not be required to obtain
					 a temporary child performer permit or child performer permit in order for a
					 child to participate in a production or performance under a blanket permit
					 designated as an employer certificate of group eligibility issued by the
					 commissioner to an employer.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter E - Employment Of Minors › Part 186 - Child Performers › Subpart 186-3 - Responsibilities Of Parents And Guardians › Section 186-3.2 - Application for child performer permit

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A parent or guardian of a child performer
					 shall apply for a child performer permit on a form and in a manner provided by
					 the commissioner. The application shall contain such information as the
					 commissioner may require including, but not limited to:
(1) the given name and the professional name
					 of the child, if different from the given name;
(2) the child's social security number. If
					 the child does not yet have a social security number, or has not yet been born
					 at the time of application, the social security number shall be submitted as
					 soon as it becomes available;
(3) a
					 physical description of the child;
(4) the name and address of the child's
					 parent(s) or guardian(s) and their home and business phone numbers;
(5) any additional information deemed
					 relevant by the commissioner;
(6)
					 an acknowledgment by the parent or guardian that he or she has reviewed the
					 educational materials on eating disorders posted on the department's website
					 pursuant to section 154  of the Labor Law; and
(7) a declaration by the parent or guardian
					 that he or she agrees to be bound by all laws, rules and regulations covering
					 the employment of child performers and consents to the issuance of the
					 permit.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter E - Employment Of Minors › Part 186 - Child Performers › Subpart 186-3 - Responsibilities Of Parents And Guardians › Section 186-3.3 - Renewal of child performer permit

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For a child to remain continuously
					 eligible to work as a child performer, the parent or guardian shall renew the
					 child performer permit no later than 30 days prior to its expiration.
(b) An application for a renewal of a child
					 performer permit shall be made on a form and in a manner established by the
					 commissioner and shall include but not be limited to the following:
(1) any changes to information provided in
					 the previous permit application, accompanied by any documentation necessary to
					 establish such changes, as required by the commissioner;
(2) documentation from a financial
					 institution showing that a child performer trust account has been established
					 on behalf of the child and is currently open. The documentation must include
					 the name of the child performer, the name of the trustee, the type of account,
					 the number of the account, and the name and address of the local branch of the
					 institution where the account is located;
(3) an original certificate of satisfactory
					 academic performance for the most recently completed semester signed by an
					 official of the child's school, or evidence that the child is no longer
					 required by law to attend school; and
(4) an updated health certification based
					 upon an examination within 12 months prior to the date of renewal
					 application.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter E - Employment Of Minors › Part 186 - Child Performers › Subpart 186-3 - Responsibilities Of Parents And Guardians › Section 186-3.4 - Temporary child performer permit

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Prior to the first employment of a child
					 performer, the commissioner may issue a temporary child performer permit in
					 order to give the parent or guardian of the child performer time to establish a
					 child performer trust account or to produce all documentation required by the
					 department for the issuance of a child performer permit.
(b) A temporary child performer permit shall
					 be valid for 15 days from the date of issuance.
(c) A temporary child performer permit may be
					 issued only once for a given child.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter E - Employment Of Minors › Part 186 - Child Performers › Subpart 186-3 - Responsibilities Of Parents And Guardians › Section 186-3.5 - Child performer trust account

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A child performer's parent or guardian
					 shall establish a child performer trust account for the benefit of the child
					 prior to the child's first instance of paid employment as a child performer and
					 shall maintain such account until the custodian of such account transfers the
					 contents thereof to the child performer or the child performer's estate
					 pursuant to section 7-6.20  of the Estates, Powers and Trusts
					 Law, except that a temporary child performer permit will allow the parent or
					 guardian up to 15 days to establish such a trust account.
(b) The parent(s) or guardian(s) of a child
					 performer may serve as the custodian(s) of the child performer trust fund
					 subject to the limitation set forth in subdivision (f) of this
					 section.
(c) The amount of the
					 transfers made by the employer into the child performer trust account shall be
					 established by the custodian(s) of the account, provided that they may not be
					 less than the minimum transfer amounts (15 percent of gross earnings) set forth
					 in part 7 of article 7 of the Estates, Powers and Trusts Law. Where the
					 custodian is other than the parent or guardian, the parent or guardian may ask
					 the custodian to require the employer to transfer a specific amount or
					 percentage more than 15 percent of the gross earnings to the trust account, in
					 which case the custodian shall notify the employer of the requirement. The
					 custodian, parent or guardian shall communicate in writing to the employer the
					 specific amount, and any change in the amount, to be transferred into the child
					 performer trust account.
(d) The
					 child performer's parent or guardian shall provide the employer with all
					 information necessary to make transfers to such account on behalf of the child
					 performer, within 15 days of commencement of the child performer's
					 employment.
(e) A parent or
					 guardian of a child performer shall ensure that the custodian of the trust
					 account promptly notifies the child performer's employer of any change in facts
					 which affect the employer's obligation to set aside funds under article 7 of
					 the Estates, Powers, and Trust Law.
(f) Once the child performer's trust fund
					 balance is equal to or exceeds $250,000, the custodian, parent or guardian
					 shall ensure that a trust company is appointed as custodian of the account. The
					 appointment of a trust company as custodian of the account shall be disclosed
					 to the department upon the next application for the renewal of a child
					 performer permit following such appointment.
(g) A child performer trust account is not
					 required for unpaid performances under an employer certificate of group
					 eligibility.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter E - Employment Of Minors › Part 186 - Child Performers › Subpart 186-3 - Responsibilities Of Parents And Guardians › Section 186-3.6 - Designated responsible person

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The parent or guardian of a child
					 performer under the age of 16 shall designate a responsible person for the
					 child, whose duties shall be to accompany the child throughout the workday and
					 to monitor the child's safety and well being on behalf of the parent or
					 guardian.
(b) The parent or
					 guardian may choose to serve as the responsible person for his or her own child
					 performer under the age of 16 or may designate another adult at least 18 years
					 of age, including another child performer's parent or guardian, to serve as the
					 responsible person for the first parent's or guardian's child.
(c) Notwithstanding subdivisions (a) and (b)
					 of this section, in live theater or other live performance, when it is
					 physically impracticable for the employer to permit a responsible person
					 designated by the parent or guardian to accompany a child under the age of 16,
					 the employer shall either:
(1) employ a
					 responsible person at least 18 years of age to accompany the child and monitor
					 the safety and well being of the child. Such person may be responsible for more
					 than one child. The parent or guardian and the employer must agree in writing
					 on the responsible person. The parent or guardian shall not unreasonably
					 withhold his or her agreement; or
(2) provide facilities to observe and hear
					 the child, through electronic or other appropriate means, to the responsible
					 person designated by the parent or guardian;
or both.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter E - Employment Of Minors › Part 186 - Child Performers › Subpart 186-4 - Responsibilities Of Employers › Section 186-4.1 - Employer certificate of eligibility to employ child performers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Employer
					 certificate of eligibility. Except as otherwise provided in this section, no
					 person or entity may employ one or more child performers unless the person or
					 entity possesses an employer certificate of eligibility to employ child
					 performers issued by the commissioner.
(b) Employer certificate of group
					 eligibility. An employer may employ a group of children not as individuals, but
					 as a group, to establish a background scene or to perform as a group by
					 obtaining an employer certificate of group eligibility. Such employer
					 certificate of group eligibility shall permit the listed child performers to
					 work for no more than two days, which need not be consecutive, during specified
					 dates of use and shall be subject to the following conditions:
(1) Any day that a child reports to work at
					 the request of the employer shall count as one of the two permitted days of
					 work, whether or not work is provided.
(2) The employer and/or the entity providing
					 the group of children shall provide at least one adult for every 20 children or
					 fraction thereof under the age of 16 to accompany the group throughout the work
					 day and to monitor the children's safety and well-being. They may designate
					 parents or other qualified persons as responsible persons for the
					 group.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter E - Employment Of Minors › Part 186 - Child Performers › Subpart 186-4 - Responsibilities Of Employers › Section 186-4.2 - Application for and renewal of employer certificate of eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
					 applications for an employer certificate of eligibility or employer certificate
					 of group eligibility and all applications for renewal of an employer
					 certificate of eligibility shall be made to the department prior to employing
					 one or more child performers.
(b)
					 The applicant for either an initial or a renewal employer certificate of
					 eligibility or an employer certificate of group eligibility shall submit such
					 application on a form and in a manner required by the department and shall
					 provide such information as the commissioner shall require including, but not
					 limited to:
(1) the applicant's name, Federal
					 tax identification number, business and email addresses, telephone number,
					 names of corporate officers, if any, and type (e.g., movie, play, commercial,
					 etc.) and location of employment of child performers for which the certificate
					 is requested;
(2) proof of the
					 applicant's compliance with the mandatory coverage requirements of the workers'
					 compensation and disability benefits laws on forms approved by the chair of the
					 New York State Workers' Compensation Board;
(3) completion of the due diligence
					 questionnaire required by the department including, but not limited to,
					 disclosure of any prior violations of this Part, of Federal or State labor
					 laws, or of other State or Federal laws governing the employment of child
					 performers and disposition thereof;
(4) a signed acknowledgment that the
					 applicant has read, understands, and agrees to abide by the laws, rules, and
					 regulations applicable to the employment of child performers and understands
					 that the failure to do so may result in the suspension or revocation of the
					 certificate or a denial of a renewal of such certificate; and
(5) any additional information deemed
					 relevant by the commissioner.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter E - Employment Of Minors › Part 186 - Child Performers › Subpart 186-4 - Responsibilities Of Employers › Section 186-4.3 - Notice of use of child performers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No employer shall employ child performers
					 without having first notified the commissioner of its intent to employ child
					 performers. Such notice shall include:
(1)
					 the date(s) and expected duration of such use;
(2) the complete physical address of the
					 location of such use;
(3) the
					 approximate number of child performers the employer will use;
(4) the name and contact information of the
					 employer's on site representative; and
(5) any other information deemed necessary by
					 the commissioner.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter E - Employment Of Minors › Part 186 - Child Performers › Subpart 186-4 - Responsibilities Of Employers › Section 186-4.4 - Proof of child performer permit

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Except as otherwise provided in this section, no employer shall employ a child
					 performer unless:
(1) at or before the start
					 of employment, the parent or guardian has given the employer a copy of a
					 currently valid temporary child performer permit or child performer permit, and
					 by the expiration date of such permit, has given the employer an updated
					 permit;
(2) if the employment is
					 paid, information on the child performer trust account and funds transfer
					 thereto is attached to the employer's copy of the child performer permit or, in
					 the case of a temporary child performer permit, provided to the employer within
					 15 days from the issuance of such temporary child performer permit;
(3) a copy of the temporary child performer
					 permit or child performer permit is at the workplace and available for
					 inspection; and
(4) the parent or
					 guardian has provided the employer with current emergency contact information
					 and authorization to provide emergency medical treatment for the child
					 performer.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter E - Employment Of Minors › Part 186 - Child Performers › Subpart 186-4 - Responsibilities Of Employers › Section 186-4.5 - Trust account transfers by the employer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An employer of a child performer shall
					 obtain from the parent or guardian the information necessary to enable the
					 employer to transfer funds into a child performer trust account for the child
					 in accordance with article 7, section 7-7.1  of the Estates, Powers and Trusts
					 Law. The information shall be obtained on or before the start of paid
					 employment, except that up to 15 days is allowed if a temporary child performer
					 permit has been issued giving the child's parent or guardian up to 15 days to
					 establish the account.
(b) Each
					 employer, or payroll service company, of a child performer shall transfer 15
					 percent or more, as specified by the parent, guardian or custodian in writing,
					 of the child performer's gross earnings from the employer into the child
					 performer trust account.
(1) If the
					 performance contract is for a period of 30 days or less, the employer or
					 payroll service company is required to transfer not less than 15 percent of the
					 child performer's gross earnings to the custodian of the child performer trust
					 account within 30 days following the final day of employment. Such transfer
					 shall be made in accordance with article 7 part 6 of the Estates, Powers and
					 Trusts Law, the Uniform Transfers to Minors Act.
(2) If the performance contract is for a
					 period longer than 30 days, the employer or payroll service company shall
					 transfer (by check or electronic means) not less than 15 percent of the child
					 performer's gross earnings to the custodian of the child performer trust
					 account every payroll period in accordance with article 7 part 6 of the
					 Estates, Powers and Trusts Law, the Uniform Transfers to Minors Act.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter E - Employment Of Minors › Part 186 - Child Performers › Subpart 186-4 - Responsibilities Of Employers › Section 186-4.6 - Provision for a responsible person

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every child performer under the age of 16
					 shall be assigned a responsible person at least 18 years of age, whose duties
					 shall be to accompany the child throughout the work day and to monitor the
					 child's safety and well-being. The employer shall allow the responsible person
					 to be within sight or sound of the child at all times during the
					 workday.
(b) Except as otherwise
					 provided in this section, the parent or guardian shall designate the
					 responsible person and may choose to serve as the responsible person for his or
					 her own child under the age of 16. The parent or guardian may designate another
					 adult at least 18 years of age, including another child performer's parent or
					 guardian, to serve as the responsible person for the first parent's or
					 guardian's child.
(c) If a parent
					 or guardian fails to designate a responsible person, or a child under 16 is
					 without a responsible person on any day, the employer shall designate a
					 responsible person for that child. Such responsible person may be responsible
					 for more than one child.
(d)
					 Notwithstanding subdivisions (b) and (c) of this section, in live theater or
					 other live performance, where it is physically impracticable for the employer
					 to permit a responsible person designated by the parent or guardian to
					 accompany a child under 16, the employer may either employ a responsible person
					 for the child or provide the responsible person designated by the parent or
					 guardian with facilities to observe and hear the child through electronic or
					 other appropriate means, or both. Where the employer elects to employ a
					 responsible person, the employer shall notify the parent or guardian in writing
					 of the name of the responsible person, who may be responsible for more than one
					 child, and shall, at the employer's election, either:
(1) obtain the written agreement of the
					 parent or guardian, which shall not be unreasonably withheld or delayed;
					 or
(2) provide the parent or
					 guardian with an opportunity to object to the responsible person and provide a
					 mechanism to timely address any reasonable objections in the best interest of
					 the child.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter E - Employment Of Minors › Part 186 - Child Performers › Subpart 186-4 - Responsibilities Of Employers › Section 186-4.7 - Provision of a nurse for certain infants

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When child performers between the age of
					 15 days and 6 weeks of age are employed, a nurse and a responsible person must
					 be provided for each three or fewer babies. When infants from age six weeks to
					 six months are employed, one nurse and one responsible person must be provided
					 for each 10 or fewer infants. Such nurse shall be a registered nurse with
					 significant experience in pediatric practice.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter E - Employment Of Minors › Part 186 - Child Performers › Subpart 186-6 - Hours And Conditions Of Work › Section 186-6.1 - General conditions

Current through Register Vol. 46, No. 28, July 10, 2024
No employer shall employ a child performer in any
						activity that may be hazardous or detrimental to the physical or mental health,
						morals, education, or general welfare of the child performer. Infants under 15
						days old may not be employed as child performers.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter E - Employment Of Minors › Part 186 - Child Performers › Subpart 186-6 - Hours And Conditions Of Work › Section 186-6.2 - Hours and days of work

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Outside of
					 live theater and other live performance, a child performer may be employed no
					 earlier than 5:00 a.m. on any day, no later than 10:00 p.m. on evenings
					 preceding school days, and no later than 12:30 a.m. on the mornings of
					 non-school days.
(b) In live
					 theater and other live performance, a child performer may be employed no
					 earlier than 5:00 a.m. on any day, no later than 12:00 midnight on evenings
					 preceding school days, and no later than 12:30 a.m. on the mornings of
					 non-school days.
(c) A child
					 performer shall receive at least 12 hours rest between the time that the child
					 performer is dismissed on one workday and the time that the child performer is
					 required to be at the place of employment the following day. When a child
					 performer provides services at his or her residence, the child performer shall
					 receive a break of at least 12 hours between the time the child performer is
					 not required to provide services on one day and the child performer resumes
					 providing services the following day.
(d) For the purpose of enabling a one-day
					 assignment to be completed, for child performers from 6 months through 17 years
					 of age, the maximum daily hours of work and of presence at the workplace
					 allowed in this section may be increased by up to two hours but the child
					 cannot then work the following day.
(e) On days when a child performer works
					 after attending school, the maximum daily hours of presence at the workplace
					 allowed in this section is reduced by three hours. When a child performer
					 provides services at his or her residence after attending school, the maximum
					 daily hours for providing services is reduced by three hours.
(f) In all covered employment, a child
					 performer under six years of age is limited to the following hours:
(1) Infant child performers at least 15 days
					 but not yet 6 months of age may be permitted to remain at the place of
					 employment for a maximum of two hours per workday. The day's work shall not
					 exceed 20 minutes.
(2) Child
					 performers at least six months but not yet two years of age may be permitted at
					 the place of employment for a maximum of four hours per workday. Such four-hour
					 period shall not consist of more than two hours of work; the balance of the
					 period shall be rest and recreation.
(3) Child performers at least two years but
					 not yet six years of age may be permitted at the place of employment for a
					 maximum of six hours per workday. Such six-hour period shall not consist of
					 more than three hours of work; the balance of the period shall be rest and
					 recreation and/or education.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter E - Employment Of Minors › Part 186 - Child Performers › Subpart 186-6 - Hours And Conditions Of Work › Section 186-6.3 - Meal periods

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 following provisions are in addition to section 162 of the New York State Labor
					 Law governing meal periods.
(b)
					 Meal periods are included in the hours of rest and recreation and the hours of
					 presence at the workplace.
(c) The
					 time when the meal period occurs may not be more than six hours from the time
					 the child performer is required to arrive at the place of employment or more
					 than six hours from the end of the preceding meal period. When the child
					 performer is providing artistic or creative services at the child performer's
					 residence, the time when the meal period occurs may not be more than six hours
					 from the time the child performer began providing such services.
(d) If a child performer is required to eat
					 on the premises, a suitable place for that purpose shall be provided by the
					 employer.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter E - Employment Of Minors › Part 186 - Child Performers › Subpart 186-6 - Hours And Conditions Of Work › Section 186-6.4 - Rest and recreation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 employer shall permit all child performers to take at least 10 minutes of the
					 rest period time or down time to which they are entitled by section 186- 6.2 of
					 this Subpart during every four hours of work time.
(b) Rest and recreation time shall be
					 provided in the middle of the work period to the extent practicable.
(c) The employer shall provide a safe, clean,
					 secure, and age-appropriate place for the child performer to play, rest, or
					 study. The place shall include enough space to accommodate reasonable equipment
					 and supplies brought by the parent or guardian, including stroller, crib,
					 playpen, diapers, and food.
(d)
					 Where age appropriate, the employer shall provide a crib or playpen at the
					 workplace, unless provided by the parent or guardian. The parent or guardian
					 shall ensure that the child has access to sufficient nutritious food and
					 diapers. The child's established feeding and sleeping routines shall be
					 maintained, to the extent possible, including adequate opportunity and
					 appropriate space for breastfeeding when it falls within the child's
					 routine.
(e) The employer may not
					 hold child performers when work is finished in order to ensure the full rest
					 and recreation time required by this Part is provided to the child
					 performer.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter E - Employment Of Minors › Part 186 - Child Performers › Subpart 186-6 - Hours And Conditions Of Work › Section 186-6.5 - Safety and health of child performers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The employer shall provide the child
					 performer and his or her parent or guardian with information and instruction to
					 protect the health or safety of the child performer, including any potential
					 hazards associated with the specific activities that he or she will be expected
					 to perform. In addition, a child performer must be given adequate instruction
					 and rehearsal time for the specific activities he or she is to perform in order
					 to protect his or her health or safety.
(b) A child performer and his or her
					 designated responsible person shall be given orientation training to the
					 workplace, other than the child performer's own residence, that is adequate and
					 appropriate to their ages. Orientation training should include:
(1) health and safety precautions for the
					 venue or location;
(2) traffic
					 patterns backstage or on location;
(3) safe waiting areas for child performers
					 backstage or on location;
(4)
					 restricted areas;
(5) location of
					 rest areas/rooms, toilets, makeup areas, and other relevant rooms;
(6) emergency procedures; and
(7) employer designated persons to inform of
					 hazardous conditions and what actions to take.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter E - Employment Of Minors › Part 186 - Child Performers › Subpart 186-7 - Records; Contracts › Section 186-7.1 - Contracts with more stringent requirements

Current through Register Vol. 46, No. 28, July 10, 2024
Nothing in this Part shall prevent the employer of a
						child performer from complying with a collective bargaining agreement or other
						contract that establishes more stringent standards than those contained in this
						Part.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter E - Employment Of Minors › Part 186 - Child Performers › Subpart 186-7 - Records; Contracts › Section 186-7.2 - Maintenance and production of records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every employer of a child performer
					 shall, for not less than six years after the termination of a child performer's
					 employment, maintain and preserve all records required by this Part and any
					 other records required by article 6, section 195 of the New York State Labor
					 Law.
(b) Records required by this
					 Part include all employer certificates, and for each child performer employed
					 under a temporary child performer permit or child performer permit:
(1) a copy of each child performer
					 permit;
(2) the child performer's
					 given and professional names, last known mailing address, permanent address,
					 date of birth, and social security number;
(3) the names and addresses of the parents or
					 guardians and their home and business phone numbers;
(4) the record of each child performer's
					 starting and ending times, the amount of time present at the worksite, and the
					 amount of time worked on each work day;
(5) the amounts of gross wages earned and
					 paid in each pay period, deductions, and net wages;
(6) the amounts transferred into the child
					 performer trust account, the account number, and the name and address of the
					 financial institution holding the account;
(7) the amounts transferred to the New York
					 State Comptroller for deposit into the child performer holding fund;
(8) the written agreements between parents or
					 guardians and the employer on responsible persons, made in accordance with
					 section
					 186-4.6(d)(1) 
					 of this Part; and
(9) the record of
					 dates and hours of instruction provided to each child performer by a set or
					 location teacher.