§ 132 — Employment of minor sixteen or seventeen years of age

§ 132. Employment of minor sixteen or seventeen years of age. 1. No\nminor sixteen or seventeen 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 or in violation of the\nemployment certificating provisions of the education law.\n 2. A minor sixteen or seventeen years of age may be employed if he\npresents an employment certificate or permit issued in accordance with\nthe education law.\n 3. Exceptions:\n a. When attendance upon instruction is not required by the education\nlaw, a minor sixteen or seventeen years of age may be employed without\nan employment certificate or permit in the following occupations:\n (1) Work on a farm;\n (2) Caddy service on a golf course;\n (3) 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 (4) 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 other than\npower-driven machinery ordinarily used in such yard work or household\nchores;\n (5) Caddie service at a bridge tournament;\n (6) Work for his parents or guardians at outdoor work not connected\nwith or for any trade, business, or service.\n b. 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.\n c. Nothing in this section shall prohibit the employment of a minor\nsixteen or seventeen 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 d. Nothing in this section shall be construed to apply to the\nemployment of a minor sixteen or seventeen years of age as a child model\nin compliance with section 35.05 of the arts and cultural affairs law.\n e. 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 college or university fraternity, sorority, student\nassociation or faculty association.\n f. Nothing in this section shall be construed to prohibit the\nemployment of a minor seventeen years of age as an election inspector or\npoll clerk pursuant to section 3-400 of the election law, or to require\nan employment certificate or permit therefor.\n 4. Nothing in this section shall be construed to permit the employment\nof a minor sixteen or seventeen years of age in any occupation\nprohibited by section one hundred thirty-three of this chapter.\n 5. Nothing contained in this section shall prevent the rendering of\nservices for the public good by a minor of sixteen or seventeen years\npursuant to section seven hundred fifty-eight-a or 353.6 of the family\ncourt act.\n