§ 135 — Duties of employers

* § 135. Duties of employers. 1. The employer of any minor required to\nhave an employment certificate:\n a. Shall, before employment begins, file at the place of the minor's\nemployment such certificate so that it may be readily accessible to any\nperson authorized by law to examine such document;\n b. Shall, upon the termination of the minor's employment, return the\nemployment certificate to the minor;\n c. (i) Shall, if the employer is engaged in a business of assigning\nemployees for temporary services at another establishment, and the\nemployer compensates the employee for such services rendered, keep on\nfile in his or her office the employment certificate and shall cause to\nbe delivered to each establishment where the child will perform his or\nher services a true copy of such employment certificate. Such delivery\nshall be deemed compliance with this section and sections one hundred\nthirty-one and one hundred thirty-two of this article. The owner of each\nestablishment to which the child is assigned shall keep on file in his\nor her office such copy of the employment certificate, which shall be\ndeemed compliance with this section, and shall return such copy to the\nemployer at the conclusion of the child's assignment. Such employer\nshall note on the original employment certificate the existence of each\ncopy.\n (ii) As used in this subdivision, the term "establishment" includes a\nfactory, mercantile establishment, business office, restaurant, hotel,\nand any other trade, business or service.\n 2. The employer of any person claiming to be between eighteen and\ntwenty-five years of age who does not present an employment certificate\nduly issued for him or her must require from such person, and furnish\nupon demand to the commissioner or his or her authorized representative,\nproof of the age of such person in the form of a driver's license or\nother documentation issued by the government of the United States or of\nany state located therein, or a certificate of age issued to such person\nby an employment certificating official. Such proof of age or a legible\nphotocopy thereof, or an employment certificate, previously issued for\nsuch person and on file in the place of his or her employment, shall be\nconclusive evidence that the person has reached the age certified to\ntherein.\n * NB Effective until May 9, 2027\n * § 135. Database for employment of minors; employee registration;\nminor employment certificates. 1. Creation of database. The department,\nin consultation with the department of education, shall create and\nmaintain a database for the employment of minors. Except as otherwise\nprovided in this section, all information pertaining to any employer or\nminor that is submitted to the department under this section shall be\nconfidential and shall not be accessible to the public. Nothing herein\nshall prevent the commissioner from sharing such information for civil\nor criminal law enforcement purposes.\n 2. Employer registration and renewal process. Any employer required to\nbe registered under this section shall provide the department with the\ninformation set forth in this section, as well as any additional\ninformation that the department may require, in the form and manner\nprescribed by the department.\n 3. Employer registration and information. Every employer that hires,\nemploys, or otherwise permits any minor under the age of eighteen to\nwork for the employer within the state shall register in the database\nand shall provide, in the form and manner prescribed by the department,\nthe following information:\n (a) the name of the employer;\n (b) the email address of the employer;\n (c) any location of the employer's business operations within the\nstate, including any location where a minor will be working;\n (d) the number and names of minors who are hired, employed, or\notherwise permitted to work for the employer;\n (e) a certified statement from the employer that the employer is\nhiring, employing, or otherwise permitting minors to work only in\npositions for the employer as permitted by law, rule, or regulation in\norder to ensure their health, safety, and well-being; and\n (f) any other information deemed appropriate by the commissioner.\n 4. Employer recordkeeping. An employer that is required to be\nregistered under this section shall, before employment begins, file at\nthe place of the minor's employment such employment certificate or\npermit so that it may be readily accessible to any person authorized by\nlaw to examine such document. An employer's electronic access to such\nemployment certificate or permit in the database shall meet the\nrequirements of this subdivision.\n 5. Minor registration. Any minor under the age of eighteen who plans\nto work for an employer within the state shall complete a registration\nin the database for any employment certificate or permit. All\ninformation pertaining to the minor shall be confidential and shall not\nbe accessible by the public. When the minor receives a job offer from an\nemployer, they must update their certificate or permit in the database\nto reflect that employer in order for the certificate or permit to be\nvalid. If the minor plans to work for a different employer, or for an\nemployer in addition to the employer for which the minor first\nregistered, the minor shall update the minor's registration. The minor\nshall be required to submit documentation for registration in the form\nand manner prescribed by the department.\n 6. Issuance and revocation of employment certificate or permit. (a)\nAny employment certificate or permit issued pursuant to part one of\narticle sixty-five of the education law shall be issued by the\ncommissioner electronically within the database. Any application for an\nemployment certificate or permit that is made pursuant to part one of\narticle sixty-five of the education law shall be made by a minor on a\nform prescribed by the department.\n (b) The chancellor in the city school district of the city of New\nYork, and elsewhere the superintendent of schools or the district\nsuperintendent of schools within their respective jurisdictions, or a\nprincipal of a nonpublic secondary school, may request that the\ncommissioner revoke a minor's employment certificate or permit. The\nrequestor shall use the database to file this request and electronically\nupload, disclose, or otherwise provide additional information as\nnecessary. Additional information may relate to: (i) an evaluation of\nthe student's overall academic performance and past academic record;\n(ii) an examination of the student's attendance record; (iii) the\nwillingness of the student to participate in a cooperative education\nprogram, work study program, school to work program or any other\nstructured program which provides a student with an opportunity to earn\nincome while earning academic credit; (iv) such other factors as the\naforementioned officials identify; and (v) any material submitted by the\nstudent. Upon review of information provided by schools or gathered on\ntheir own, the commissioner may revoke the minor's employment\ncertificate or permit.\n 7. Records. The commissioner, in consultation with the commissioner of\neducation, shall provide a method by which authorized school employees\nacting on behalf of a school district, board of cooperative educational\nservices, or nonpublic school may access the database for the purpose of\ncompliance with part one of article sixty-five of the education law. The\ncommissioner may share information with such authorized school employees\nabout registered minors and request information from such school\nauthorized employees about registered minors or minors applying for a\ncertificate or permit. Notwithstanding any law, rule, or regulation to\nthe contrary, a school district, board of cooperative educational\nservices, nonpublic secondary school and the education department shall\nprovide the commissioner with such records and information as requested\nto fulfill the requirements of this section, provided that, as applied\nto student educational records, such entity shall provide all\nprotections afforded to parents and persons in parental relationships,\nor students where applicable, required under the family educational\nrights and privacy act, 20 U.S.C. section 1232g, where applicable the\nindividuals with disabilities education act, sections fourteen hundred,\net seq. of title twenty of the United States code, and the federal\nregulations implementing such statutes.\n 8. Regulations. The commissioner may prescribe regulations necessary\nto carry out the provisions of this section.\n * NB Effective May 9, 2027\n