New York Child Labor laws & HR compliance analysis

New York Child Labor: What you need to know

In New York, workers under the age of 18 are considered minors for purposes of employment. State law limits the occupations in which they may be employed and the number of hours they may work. Further distinctions are made among minors according to age, with special rules and exceptions in some groups (NY Lab. Law Sec. 130et seq.; NY Arts and Cultural Affairs Law Sec. 35.01et seq.; NY Educ. Law Sec. 3216). Because the laws are complex, specific, and extensive, employers should consult the state Department of Labor before employing minors in uncommon occupations or during unusual hours.
Both state and federal child labor laws apply to most employers. When the laws conflict, the more restrictive provisions apply--and child labor laws are strictly enforced.
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Prohibitions. Individuals under the age of 21 may not be employed in tunnels as hoisting engineers or as locomotive drivers, as supervisors of dry-dyeing and detergent rooms, as crane operators, or in the operation of explosive-powered tools.
Prohibitions. Except for students in vocational programs, trainees, student-learners, and registered apprentices, no minor under the age of 18 may be employed in any occupation considered hazardous by the state of New York. Prohibited employment categories for this age group include:
• Operating an elevator (except that minors over the age of 16 may operate automatic, push-button elevators)
• Working with explosives
• Caring for prisoners
• Maintaining machinery
• Packing paints
• Working with poisons
• Operating steam boilers
• Doing construction work, including roofing, excavation, and demolition
• Painting or cleaning the exterior of a building ...

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