New York State has one of the strictest child labor laws in the United States. With that said, it is important to know and understand the requirements for employing minors, especially when school is not in session.
Here is everything you need to know about employing minors when school is not in session.
Rules for Employing Minors in New York
First and foremost, employers must understand when school is considered "not in session". School is considered not in session when the school is closed for an entire week at a time. This includes the summer and any vacation breaks that give students at least a week off from school.
Here are rules employers must ensure they follow if they employ minors when school is not in session:
- Minors under 18 may not work more than 8 hours a day, 6 days a week
- Minors 14 and 15 may not work more than 40 hours a week
- 16 and 17 year-olds may not work more than 48 hours a week
- 14 and 15 year-olds working in firms engaged in interstate commerce are limited to an 8-hour day and 40-hour work week (again, school must be closed for the entire calendar week)
- 12 and 13 year-olds who have farm work permits to pick berries, fruits, or vegetables may work from June 21 to Labor Day and they may work 4 hours per day between the hours of 7am and 7pm
Note: If a minor works in two or more places in the same day or week, then the total time of work may not exceed the daily or weekly maximum number of hours.
Restrictions on Nighttime Work
Employers who have minors working must adhere to certain hours-worked requirements, even when school is not in session.
These include:
- Minors under 16 may not work between 9pm and 7am from June 21 to Labor Day (and may not work between 7pm and 7am in most jobs from Labor Day to June 20)
- Minors 16 and 17 years old may not work between midnight and 6am when school is not in session
Get Help with New York Child Labor Laws
Employers who are struggling to maintain compliance with the extensive and complicated set of New York Child Labor Laws should reach out to a New York HR Outsourcing Service for help.
To learn more about how EBC is helping countless businesses that hire minors, maintain compliance, contact us today.
