§ 3215 — Unlawful employment

New York § 3215

• Jurisdiction: New York
• Law EDN: Education
• Title 4: Teachers and Pupils
• Part 1: Compulsory Education
• Art. 65: Compulsory Education and School Census

Text

* § 3215. Unlawful employment. 1. It shall be unlawful, except as\notherwise provided by law, to employ in any trade, business or service a\nminor who does not present an employment certificate or permit issued in\naccordance with this article.\n 2. No minor shall be employed during the hours when attendance upon\ninstruction is required by this chapter.\n 3. No minor shall be employed in violation of any provision of the\nlabor law or other law.\n 4. Exceptions. a. When attendance upon instruction is not required by\nthis chapter, a minor fourteen years of age or over may be employed\nwithout an employment certificate or permit in the following\noccupations:\n (1) Caddy service on a golf course;\n (2) Service as a baby sitter staying with and at the home of another\nchild or children with or without the presence at such home of such\nchild or children's parents or guardians;\n (3) Casual employment of a minor fourteen or fifteen years of age\nconsisting of yard work and household chores in and about a residence or\nthe premises of a non-profit, non-commercial organization, not involving\nthe use of power-driven machinery; and\n (4) Casual employment of a minor sixteen years of age or over\nconsisting of yard work and household chores in and about a residence or\nthe premises of a non-profit, non-commercial organization, not involving\nthe use of power-driven machinery other than power-driven machinery\nordinarily used in such yard work or household chores.\n b. When attendance upon instruction is not required, a minor sixteen\nyears of age or over may be employed in work on a farm without an\nemployment certificate or permit.\n c. Nothing in this section shall prohibit the employment of a minor\nduring the school lunch period in a school cafeteria at the school which\nthe minor attends if the minor presents an employment certificate issued\nin accordance with this article.\n d. Nothing in this section shall be construed to prohibit the\nemployment of a minor in accordance with sections thirty-two hundred\ntwenty-six through and including section thirty-two hundred thirty of\nthis chapter.\n e. Nothing in this section shall be construed to prohibit the\nemployment of a minor twelve years of age or over in work for his\nparents or guardians on the home farm or at other outdoor work not\nconnected with or for any trade, business or service when attendance\nupon instruction is not required by this chapter.\n f. Notwithstanding any other provision of this chapter, an employment\ncertificate or permit shall not be required for a student sixteen years\nof age or over who is in attendance at a recognized institution of\nhigher learning and who is employed by a non-profit college or\nuniversity or by a non-profit college or university fraternity,\nsorority, student association or faculty association.\n * NB Effective until May 9, 2027\n * § 3215. Unlawful employment. 1. It shall be unlawful, except as\notherwise provided by law, to employ in any trade, business or service a\nminor who does not present an employment certificate or permit issued in\naccordance with this article and section one hundred thirty-five of the\nlabor law.\n 2. No minor shall be employed during the hours when attendance upon\ninstruction is required by this chapter.\n 3. No minor shall be employed in violation of any provision of the\nlabor law or other law.\n 4. Exceptions. a. When attendance upon instruction is not required by\nthis chapter, a minor fourteen years of age or over may be employed\nwithout an employment certificate or permit in the following\noccupations:\n (1) Caddy service on a golf course;\n (2) Service as a baby sitter staying with and at the home of another\nchild or children with or without the presence at such home of such\nchild or children's persons in parental relation;\n (3) Casual employment of a minor fourteen or fifteen years of age\nconsisting of yard work and household chores in and about a residence or\nthe premises of a non-profit, non-commercial organization, not involving\nthe use of power-driven machinery; and\n (4) Casual employment of a minor sixteen years of age or over\nconsisting of yard work and household chores in and about a residence or\nthe premises of a non-profit, non-commercial organization, not involving\nthe use of power-driven machinery other than power-driven machinery\nordinarily used in such yard work or household chores.\n b. When attendance upon instruction is not required, a minor sixteen\nyears of age or over may be employed in work on a farm without an\nemployment certificate or permit.\n c. Nothing in this section shall prohibit the employment of a minor\nduring the school lunch period in a school cafeteria at the school which\nthe minor attends if the minor presents an employment certificate issued\nin accordance with this article.\n d. Nothing in this section shall be construed to prohibit the\nemployment of a minor in accordance with section thirty-two hundred\ntwenty-six of this chapter.\n e. Nothing in this section shall be construed to prohibit the\nemployment of a minor twelve years of age or over in work for their\nperson in parental relation on the home farm or at other outdoor work\nnot connected with or for any trade, business or service when attendance\nupon instruction is not required by this chapter.\n f. Notwithstanding any other provision of this chapter, an employment\ncertificate or permit shall not be required for a student sixteen years\nof age or over who is in attendance at a recognized institution of\nhigher learning and who is employed by a non-profit college or\nuniversity or by a non-profit college or university fraternity,\nsorority, student association or faculty association.\n * NB Effective May 9, 2027\n