§ 143 — Hours of work for minors sixteen and seventeen years of age

New York § 143

• Jurisdiction: New York
• Law LAB: Labor
• Art. 4: Employment of Minors

Text

§ 143. Hours of work for minors sixteen and seventeen years of age. 1.\nWhen school is in session, no minor sixteen or seventeen years of age\nenrolled in a daytime school, other than a part-time or continuation\nschool, shall be employed:\n a. (i) More than four hours on any day preceding a school day, other\nthan on a Sunday or holiday; (ii) except that students enrolled in a\ncooperative work experience program approved by the department of\neducation may be employed for no more than six hours on any day\npreceding a school day, other than on a Sunday or holiday, if such hours\nof employment occur solely pursuant to such program. Any hours worked by\nstudents in such programs shall be included when calculating the number\nof hours worked for purposes of subparagraph (i) of this paragraph;\n b. More than eight hours on a Friday, Saturday, Sunday or holiday;\n c. More than twenty-eight hours a week;\n d. More than six days a week;\n e. After ten o'clock at night on any day preceding a school day, or\nafter midnight on any day preceding a school day provided the employer\nreceives and maintains both the written consent of the minor's parent or\nguardian and a certificate which shall be provided to the employer at\nthe end of each marking period by the minor's school which shall assert\nthat such minor is in satisfactory academic standing according to the\nstandards in such school district;\n f. After ten o'clock at night on any day preceding a non-school day\nor, if the employer receives and maintains the written consent of the\nminor's parent or guardian, after midnight; or\n g. Before six o'clock in the morning.\n 2. When school is not in session, no minor sixteen or seventeen years\nof age shall be employed:\n a. More than eight hours a day, except that for the purpose of making\none or more shorter work days or a holiday in a week, such persons may\nbe employed up to ten hours on any one day of the week, and nine hours\non any of four other days, but not in excess of forty-eight hours in any\nsuch week;\n b. More than forty-eight hours a week;\n c. More than six days a week; or\n d. After twelve midnight or before six o'clock in the morning.\n 3. A minor sixteen or seventeen years of age who is not enrolled in a\ndaytime school when school is in session shall be covered under\nsubdivision two of this section.\n 4. This section shall not apply to a newspaper carrier as defined in\nsection thirty-two hundred twenty-eight of the education law whose hours\nof work are governed by such section, a farm laborer, a child performer\nwhose employment is governed by section 35.01 of the arts and cultural\naffairs law and article four-A of this chapter, a child model whose\nemployment is governed by section 35.05 of the arts and cultural affairs\nlaw, a bridge caddie at a bridge tournament or a baby sitter as defined\nin section one hundred thirty-one of this chapter or a seventeen year\nold minor employed as a counselor, junior counselor or\ncounselor-in-training at a camp for children during the months of June,\nJuly and August.\n 5. a. The provisions of paragraphs b, c and d of subdivision one and\nparagraphs a, b and c of subdivision two of this section shall not apply\nto (i) employment solely as a singer or performer in a hotel or\nrestaurant; (ii) employment in a resort or seasonal hotel or restaurant\nin a rural community and in a city and village having a population of\nless than fifteen thousand inhabitants, excluding that portion of the\npopulation of a third class city residing outside of its corporation tax\ndistrict where such city embraces the entire area of a former township.\nAs used in this subdivision, the term "resort" applies to such hotel or\nrestaurant which operates for not more than four calendar months and\nfifteen days in each year, and the term "seasonal" applies to such hotel\nor restaurant in which the number of employees is increased by at least\none hundred percent from the slack to the busiest season; (iii)\nemployment in or in connection with a beauty parlor in cities and\nvillages having a population of less than fifteen thousand; (iv)\nemployment in or in connection with a mercantile establishment during\nthe following periods: (A) from the eighteenth day of December to the\nfollowing twenty-fourth day of December, inclusive; or (B) for any seven\nconsecutive days during the period from the fourth day of December to\nthe following twenty-third day of December, inclusive, selected by an\nemployer by filing written notice with the commissioner on or before the\nfirst day of December designating the days selected. An employer may\nmake such selection for the employer's establishment, or if there is\nmore than one establishment, for any one or more of such establishments;\nand (C) for two additional periods each year, for the purpose of taking\ninventory, each period not to be more than one week's duration. Each\nperiod shall not exceed a total of six hours if the minor is employed on\nan eight-hour-day basis, or five hours if employed ten hours on one day\nand nine hours on any of four other days of the week, in addition to the\nhours permitted in this section;\n b. The provisions of paragraph d of subdivision one and paragraph c of\nsubdivision two of this section shall not apply to (i) employment as a\nwriter or reporter in a newspaper office or (ii) employment by a duly\nrecognized florist on the day before Easter Sunday, on Easter Sunday\nmorning, and on the twenty-third day of December of each year;\n c. The provisions of paragraph e of subdivision one and paragraph d of\nsubdivision two of this section shall not apply to those employments\nlisted in subparagraphs (i) and (ii) of paragraph a of this subdivision\nand subparagraphs (i) and (ii) of paragraph b of this subdivision nor to\nemployment by a duly licensed airline in the maintenance of aircraft\nthrough a work study or job trainee program, under recognized state or\nlocal educational authority, or through a course of study in a\nsubstantially similar program conducted by a private school or through a\ntraining program which is publicly funded in whole or in part nor to\nemployment as a junior counselor, counselor in training or counselor at\na camp for children during the months of June, July and August.\n 6. The provisions of this section shall not apply to the employment of\na minor seventeen years of age as an election inspector or poll clerk\npursuant to section 3-400 of the election law.\n