§ 131 — Employment of minors fourteen or fifteen years of age

* § 131. Employment of minors fourteen or fifteen years of age. 1. No\nminor fourteen or fifteen years of age shall be employed in or in\nconnection with any trade, business, or service when attendance upon\ninstruction is required by the education law.\n 2. When attendance upon instruction is not required by the education\nlaw, a minor fourteen or fifteen years of age may be employed if he\npresents an employment certificate or permit issued in accordance with\nthe education law; provided, however, that no minor fourteen or fifteen\nyears of age shall be employed in or in connection with a factory.\n 3. Exceptions:\n a. When attendance upon instruction is not required by the education\nlaw, a minor fourteen or fifteen years of age may be employed without an\nemployment certificate or permit in the following occupations:\n (1) Caddy service on a golf course;\n (2) Service as a baby sitter staying with and at the home of a younger\nchild or children with or without the presence at such home of such\nchild's or children's parents or guardians;\n (3) Casual employment consisting of yard work and household chores in\nand about a residence or the premises of a non-profit, non-commercial\norganization, not involving the use of power-driven machinery;\n (4) Assisting a parent, aunt, uncle, grandparent or guardian in the\nsale of produce of a farm that is owned or leased by the minor's parent,\naunt, uncle, grandparent or guardian, at a farm stand or farmer's market\nstand that is owned or leased by the minor's parent, aunt, uncle,\ngrandparent or guardian, at times when school in not in session and the\nminor is accompanied by the parent or guardian or has presented the\nwritten consent of the parent or guardian.\n (5) Caddie service at a bridge tournament;\n (6) Work for his parents or guardians either on the home farm or at\nother outdoor work not connected with or for any trade, business, or\nservice.\n b. Nothing in this section shall be construed to prohibit the\nemployment of a minor fourteen or fifteen years of age as a child\nperformer in compliance with section 35.01 of the arts and cultural\naffairs law and article four-A of this chapter.\n c. Nothing in this section shall be construed to apply to the\nemployment of a minor fourteen or fifteen years of age as a child model\nin compliance with section 35.05 of the arts and cultural affairs law.\n d. Nothing in this section, or the hours of work requirements of this\nchapter, shall apply to a newspaper carrier in compliance with section\nthirty-two hundred twenty-eight of the education law. The picking up of\nnewspapers at a newspaper plant shall not be construed to be employment\nin or in connection with a factory if there is provided a place for the\npicking up of such newspapers, which place does not contain any\ndangerous machinery or equipment and does not afford access to space in\nwhich any such dangerous machinery or equipment is located.\n e. Nothing in this section shall prohibit the employment of a minor\nfifteen years old who is found to be incapable of profiting from further\ninstruction available and who presents a special employment certificate\nissued in accordance with the education law. Such employment certificate\nshall not be valid for work in or in connection with a factory.\n f. A minor fourteen or fifteen years of age may be employed in farm\nservice, when attendance upon instruction is not required by the\neducation law, provided such minor presents a farm work permit issued in\naccordance with the education law. Such permit shall be valid only when\nsigned by the employer and it shall not be valid for work in or in\nconnection with a factory.\n g. Nothing in this section shall prohibit the employment of a minor\nfourteen or fifteen years of age during the school lunch period in a\nschool cafeteria at the school which the minor attends if the minor\npresents an employment certificate issued in accordance with the\neducation law.\n 4. Employment in delivery and clerical employments:\n a. Nothing contained in this article shall be deemed to prohibit the\nemployment of a minor fourteen or fifteen years of age for whom a\nstudent non-factory employment certificate has been issued in accordance\nwith the provisions of the education law, in delivery and clerical\nemployments:\n (1) in an office of a factory, provided that such office is enclosed\nand separate from the place where manufacturing is carried on, and\nprovided that the minor is not engaged in any manufacturing operation or\nprocess; or\n (2) in or in connection with dry cleaning stores, tailor shops, shoe\nrepair shops and similar service stores which clean, press, alter,\nrepair or dye articles or goods belonging to the ultimate consumer,\nprovided that such employment does not involve the use of dangerous\nmachinery or equipment, or chemical processes.\n b. The commissioner may promulgate rules and regulations which he\ndeems necessary to carry out the provisions of this subdivision.\n 5. Nothing in this section shall be construed to permit the employment\nof a minor fourteen or fifteen years of age in any occupation prohibited\nby section one hundred thirty-three of this chapter.\n 6. Nothing in this section shall prevent the rendering of services for\nthe public good by a minor of fourteen or fifteen years pursuant to\nsection seven hundred fifty-eight-a or 353.6 of the family court act.\n * NB Effective until May 9, 2027\n * § 131. Employment of minors fourteen or fifteen years of age. 1. No\nminor fourteen or fifteen years of age shall be employed in or in\nconnection with any trade, business, or service when attendance upon\ninstruction is required by the education law.\n 2. When attendance upon instruction is not required by the education\nlaw, a minor fourteen or fifteen years of age may be employed if they\npresent an employment certificate or permit issued in accordance with\nthe education law; provided, however, that no minor fourteen or fifteen\nyears of age shall be employed in or in connection with a factory.\n 3. Exceptions:\n a. When attendance upon instruction is not required by the education\nlaw, a minor fourteen or fifteen years of age may be employed without an\nemployment certificate or permit in the following occupations:\n (1) Caddy service on a golf course;\n (2) Service as a baby sitter staying with and at the home of a younger\nchild or children with or without the presence at such home of such\nchild's or children's persons in parental relation;\n (3) Casual employment consisting of yard work and household chores in\nand about a residence or the premises of a non-profit, non-commercial\norganization, not involving the use of power-driven machinery;\n (4) Assisting a person in parental relation as defined in section\nthirty-two hundred twelve of the education law, aunt, uncle, or\ngrandparent in the sale of produce of a farm that is owned or leased by\nthe minor's person in parental relation, aunt, uncle, or grandparent, at\na farm stand or farmer's market stand that is owned or leased by the\nminor's person in parental relation, aunt, uncle, or grandparent, at\ntimes when school is not in session and the minor is accompanied by the\nperson in parental relation or has presented the written consent of the\nperson in parental relation.\n (5) Caddie service at a bridge tournament;\n (6) Work for their person in parental relation either on the home farm\nor at other outdoor work not connected with or for any trade, business,\nor service.\n b. Nothing in this section shall be construed to prohibit the\nemployment of a minor fourteen or fifteen years of age as a child\nperformer in compliance with section 35.01 of the arts and cultural\naffairs law and article four-A of this chapter.\n c. Nothing in this section shall be construed to apply to the\nemployment of a minor fourteen or fifteen years of age as a child model\nin compliance with section 35.05 of the arts and cultural affairs law.\n d. A minor fourteen or fifteen years of age may be employed in farm\nservice, when attendance upon instruction is not required by the\neducation law, provided such minor presents a farm work permit issued in\naccordance with the education law. Such permit shall be valid only when\nsigned by the employer and it shall not be valid for work in or in\nconnection with a factory.\n e. Nothing in this section shall prohibit the employment of a minor\nfourteen or fifteen years of age during the school lunch period in a\nschool cafeteria at the school which the minor attends if the minor\npresents an employment certificate issued in accordance with the\neducation law.\n 4. Employment in delivery and clerical employments:\n a. Nothing contained in this article shall be deemed to prohibit the\nemployment of a minor fourteen or fifteen years of age for whom a\nstudent non-factory employment certificate has been issued in accordance\nwith the provisions of the education law, in delivery and clerical\nemployments:\n (1) in an office of a factory, provided that such office is enclosed\nand separate from the place where manufacturing is carried on, and\nprovided that the minor is not engaged in any manufacturing operation or\nprocess; or\n (2) in or in connection with dry cleaning stores, tailor shops, shoe\nrepair shops and similar service stores which clean, press, alter,\nrepair or dye articles or goods belonging to the ultimate consumer,\nprovided that such employment does not involve the use of dangerous\nmachinery or equipment, or chemical processes.\n b. The commissioner may promulgate rules and regulations which they\ndeem necessary to carry out the provisions of this subdivision.\n 5. Nothing in this section shall be construed to permit the employment\nof a minor fourteen or fifteen years of age in any occupation prohibited\nby section one hundred thirty-three of this chapter.\n 6. Nothing in this section shall prevent the rendering of services for\nthe public good by a minor of fourteen or fifteen years pursuant to\nsection seven hundred fifty-eight-a or 353.6 of the family court act.\n * NB Effective May 9, 2027\n