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This entry was published on 2014-09-22
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SECTION 132
Employment of minor sixteen or seventeen years of age
Labor (LAB) CHAPTER 31, ARTICLE 4
§ 132. Employment of minor sixteen or seventeen years of age. 1. No
minor sixteen or seventeen 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 or in violation of the
employment certificating provisions of the education law.

2. A minor sixteen or seventeen years of age may be employed if he
presents an employment certificate or permit issued in accordance with
the education law.

3. Exceptions:

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

(1) Work on a farm;

(2) Caddy service on a golf course;

(3) 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;

(4) 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 other than
power-driven machinery ordinarily used in such yard work or household
chores;

(5) Caddie service at a bridge tournament;

(6) Work for his parents or guardians at outdoor work not connected
with or for any trade, business, or service.

b. 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.

c. Nothing in this section shall prohibit the employment of a minor
sixteen or seventeen 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.

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

e. Notwithstanding any other provision of this chapter, an employment
certificate or permit shall not be required for a student sixteen years
of age or over who is in attendance at a recognized institution of
higher learning and who is employed by a non-profit college or
university or by a college or university fraternity, sorority, student
association or faculty association.

f. Nothing in this section shall be construed to prohibit the
employment of a minor seventeen years of age as an election inspector or
poll clerk pursuant to section 3-400 of the election law, or to require
an employment certificate or permit therefor.

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

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