MINORS IN THE WORKPLACE
In New York, minors (anyone under the age of 18) may be employed, subject to certain restrictions, if he/she presents an employment certificate or permit commonly known as "Working Papers".
Even if the minor is otherwise permitted to work, there are limitations on the type of work that may be performed. Generally, any one under the age of 18 may not work with power tools or mechanical tools, other than simple office equipment, unless the minor is enrolled in a technical training or
apprenticeship
program. Minors aged 14 or 15 are limited to delivery and clerical work only.
The following is a summary of New York's current child labor standards.
Permitted Working Hours For Minors
| Age |
Industry/Occupation |
Maximum
Daily Hours |
Maximum
Weekly Hours |
Maximum
Days per Week |
Permitted Hours |
Minors - When School is in Session
|
| 14 and 15 |
All occupations except farm
work, newspaper carrier
and street trades. |
3 Hours on school days
8 Hours on other days |
18 Hours
* |
6 |
7 AM to 7 PM |
| 16 and 17 |
All occupations except farm work, newspaper carrier and street trades. |
4 Hours on days preceding school days (i.e., Mon., Tues., Weds., Thurs.)**
8 Hours on Fri., Sat., Sun. and Holidays
**** |
28 Hours
**** |
6
**** |
6 AM to 10 PM
*** |
Minors - When School is NOT in Session
|
| 14 and 15 |
All occupations except farm work, newspaper carrier and street trades. |
8 Hours |
40 Hours |
6 |
7 AM to 9 PM
June 21 to Labor Day |
| 16 and 17 |
All occupations except farm work, newspaper carrier and street trades. |
8 Hours
**** |
48 Hours
**** |
6
**** |
6 AM to Midnight
**** |
Minors - NOT Attending School
|
| 16 and 17 |
All occupations except farm work, newspaper carrier and street trades. |
8 Hours
**** |
48 Hours
**** |
6 Hours
**** |
6 AM to Midnight
**** |
|
|
|
|
|
|
|
* Students 14 and 15 enrolled in an approved work study program may work 3 hours on a school day, 23 hours in any one week when school is in session.
** Students 16 and 17 enrolled in an approved Cooperative Education Program may work up to 6 hours on a day preceding a school day other than Sunday or Holiday when school is in session as long as the hours are in conjunction with the Program.
*** May work 6 AM to 10 PM or until midnight with written parental and educational authorities consent on day preceding a school day and until midnight on day preceding a non-school day with written parental consent.
**** This provision does not apply to minors employed in resort hotels or restaurants in resort areas.
A schedule of hours of work for minors under 18 years of age must be posted at the dealership.
MINORS USING DEALERSHIP VEHICLES
The U.S. Department of Labor allows only occasional and incidental on-road, on-the-job driving under certain conditions. The following is a summary of the federal rule.
Sixteen-year-olds may not drive at all on public roadways, but may drive on dealership property. Seventeen-year-olds may drive on public roads while on the job, if they:
- Hold a valid state driver's license;
- Have completed a state-approved driver education course;
- Are instructed that seat belts must be used; and
- Have no record of a moving violation at the time of hire.
Motor vehicles being driven must:
- Not exceed 6,000 lbs. gross vehicle weight;
- Be equipped with a seat belt; and
- Not be used for towing vehicles.
Driving is permitted if it is:
1.
Restricted to daylight hours;
2.
Within a 30-mile radius of the place of employment; and
3.
Occasional and incidental (i.e. no more than 1/3 of an employee's work time/day nor more than 20% of an employee's work time/week.
Seventeen-year-olds may not be employed as delivery or shuttle drivers, but may make limited daily trips for delivery and passenger transport:
1.
Up to 2 trips/day delivering goods to customers, but vehicle deliveries are not subject to this limit;
2.
Transport of up to 3 passengers, including employees, with the transport of non-employee passengers limited to 2 trips/day; and
3.
Certain deliveries are prohibited, including route deliveries or sales, urgent, time-sensitive deliveries, or the for-hire transportation of property, goods, or passengers. Urgent, time-sensitive deliveries are trips which, because of such factors as customer satisfaction, the rapid deterioration of the quality or change in temperature of the product, and or economic incentives, are subject to time-lines, schedules, and/or turnaround times which might impel the driver to hurry to complete delivery.
Prohibited trips include, but are not limited to, the delivery of materials under a deadline (e.g., deposits to a bank at closing) and the shuttle of passengers to and from transportation depots to meet transport schedules. Urgent time-sensitive deliveries do not depend on the delivery's points of origin and termination, and may include the delivery of people and things to the employer's place of business or from that business to some other location.
