§ 131. Employment of minors fourteen or fifteen years of age. 1. No
minor fourteen or fifteen years of age shall be employed in or in
connection with any trade, business, or service when attendance upon
instruction is required by the education law.

2. When attendance upon instruction is not required by the education
law, a minor fourteen or fifteen years of age may be employed if he
presents an employment certificate or permit issued in accordance with
the education law; provided, however, that no minor fourteen or fifteen
years of age shall be employed in or in connection with a factory.

3. Exceptions:

a. When attendance upon instruction is not required by the education
law, a minor fourteen or fifteen years of age may be employed without an
employment certificate or permit in the following occupations:

(1) Caddy service on a golf course;

(2) Service as a baby sitter staying with and at the home of a younger
child or children with or without the presence at such home of such
child's or children's parents or guardians;

(3) Casual employment consisting of yard work and household chores in
and about a residence or the premises of a non-profit, non-commercial
organization, not involving the use of power-driven machinery;

(4) Assisting a parent, aunt, uncle, grandparent or guardian in the
sale of produce of a farm that is owned or leased by the minor's parent,
aunt, uncle, grandparent or guardian, at a farm stand or farmer's market
stand that is owned or leased by the minor's parent, aunt, uncle,
grandparent or guardian, at times when school in not in session and the
minor is accompanied by the parent or guardian or has presented the
written consent of the parent or guardian.

(5) Caddie service at a bridge tournament;

(6) Work for his parents or guardians either on the home farm or at
other outdoor work not connected with or for any trade, business, or
service.

b. Nothing in this section shall be construed to prohibit the
employment of a minor fourteen or fifteen years of age as a child
performer in compliance with section 35.01 of the arts and cultural
affairs law and article four-A of this chapter.

c. Nothing in this section shall be construed to apply to the
employment of a minor fourteen or fifteen years of age as a child model
in compliance with section 35.05 of the arts and cultural affairs law.

d. Nothing in this section, or the hours of work requirements of this
chapter, shall apply to a newspaper carrier in compliance with section
thirty-two hundred twenty-eight of the education law. The picking up of
newspapers at a newspaper plant shall not be construed to be employment
in or in connection with a factory if there is provided a place for the
picking up of such newspapers, which place does not contain any
dangerous machinery or equipment and does not afford access to space in
which any such dangerous machinery or equipment is located.

e. Nothing in this section shall prohibit the 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
issued in accordance with the education law. Such employment certificate
shall not be valid for work in or in connection with a factory.

f. A minor fourteen or fifteen years of age may be employed in farm
service, when attendance upon instruction is not required by the
education law, provided such minor presents a farm work permit issued in
accordance with the education law. Such permit shall be valid only when
signed by the employer and it shall not be valid for work in or in
connection with a factory.

g. Nothing in this section shall prohibit the employment of a minor
fourteen or fifteen years of age during the school lunch period in a
school cafeteria at the school which the minor attends if the minor
presents an employment certificate issued in accordance with the
education law.

4. Employment in delivery and clerical employments:

a. Nothing contained in this article shall be deemed to prohibit the
employment of a minor fourteen or fifteen years of age for whom a
student non-factory employment certificate has been issued in accordance
with the provisions of the education law, in delivery and clerical
employments:

(1) in an office of a factory, provided that such office is enclosed
and separate from the place where manufacturing is carried on, and
provided that the minor is not engaged in any manufacturing operation or
process; or

(2) in or in connection with dry cleaning stores, tailor shops, shoe
repair shops and similar service stores which clean, press, alter,
repair or dye articles or goods belonging to the ultimate consumer,
provided that such employment does not involve the use of dangerous
machinery or equipment, or chemical processes.

b. The commissioner may promulgate rules and regulations which he
deems necessary to carry out the provisions of this subdivision.

5. Nothing in this section shall be construed to permit the employment
of a minor fourteen or fifteen years of age in any occupation prohibited
by section one hundred thirty-three of this chapter.

6. Nothing in this section shall prevent the rendering of services for
the public good by a minor of fourteen or fifteen years pursuant to
section seven hundred fifty-eight-a or 353.6 of the family court act.