The New York State budget approved by the legislature strengthens child labor protections

Other changes include eliminating the coverage exemption for newspaper carriers, as well as the allowance for “employment of a minor fifteen years old who is found to be incapable of profiting from further instruction available and who presents a special employment certificate

” Other changes include eliminating the coverage exemption for newspaper carriers, as well as the allowance for “employment of a minor fifteen years old who is found to be incapable of profiting from further instruction available and who presents a special employment certificate[.]”

Child Labor Protections

Under the New York Labor Law and existing New York State Department of Labor (“NYSDOL”) guidance, employers are subject to strict requirements when employing minors. Minor employees are limited to a certain number of hours per work week depending on their age, and whether or not school is in session. Minors are also restricted from working at night. These restrictions vary depending on the season, the age of the employee, and the type of work they do. Minor employees must obtain “working documents” to work. They can apply in person through their school or NYS Department of Education issuing offices. Employers with minor employees are also required to post a schedule of hours for all minors, including the hours they start and end as well as allotted meal periods.

Civil Penalties

Effective immediately, the New York Labor Law is amended to dramatically increase the civil penalties levied on employers for violating child labor laws. The increases are as follows:

First violation: up to $10,000 (previously up to $1,000);

• Second violation: between $2,000 and $25,000 (previously up to $2,000); and
• Third and subsequent violations: between $10,000 and $55,000 (previously up to $3,000).
• In situations where a violation results in serious injury or death to a minor, the previous penalty was triple the maximum penalty. The amendments enact a new penalty scale for such violations:

First violation: between $3,000 and $30,000;

• Second violation: between $6,000 and $75,000; and
• Third and subsequent violations: between $30,000 and $175,000.
• Permitting for Minor Employees

The amendments also enact several additional and/or revised requirements for employers and minor employees. The amendments require that a database be created of employers and minor employees. They also require that employers certify that they only allow minors to work for positions that are allowed by law. The amendments will also allow minor employees to register electronically and apply for their work papers, which is a departure from current in-person filing requirements. What’s Next?

Employers should review their employment policies to ensure compliance with the new provisions. We will continue to report on key developments.