518-373-4111
Summer is only a few months away, a time when many employers look to hire minors to help out around the office. Some employers hire minors during the school year as well. In either case, it’s important to understand the workplace rules for students in NY. The New York State Department of Labor has provided the following guidelines for hiring someone under age 18 as an employee:
Employment certificates
All minors (under age 18) must have employment certificates. They must give their certificates to businesses that hire them when the job begins. When a student is leaving a job, the employer must return the certificate. Students can get information and an application for an employment certificate at their school. There are other requirements for working on a farm.
There are two different certificates. A student non-factory employment certificate (form AT-18, blue) is issued to students aged 14 and 15. A student general employment certificate (AT-19, green) is issued to students aged 16 and 17.
In addition, a full-time employment certificate (AT-20, salmon) is issued to minors aged 16 and 17 who do not attend school or who are leaving school for full-time employment.
Students aged 14 and 15
When school is in session, students aged 14 and 15 may work three hours on school days, eight hours on other days, up to 18 hours a week, and six days a week. They may work between 7 a.m. and 7 p.m. When school is not in session, they may work eight hours a day, up to 40 hours a week, and six days a week. From June 21 to Labor Day, they may work between 7 a.m. and 9 p.m.
Students aged 16 and 17
When school is in session, students aged 16 and 17 may work four hours a day on Mondays, Tuesdays, Wednesdays and Thursdays, and eight hours on Fridays, Saturdays, Sundays and holidays.
They may work up to 28 hours a week, six days a week, between 6 a.m. and 10 p.m. Work between 10 p.m. and midnight when school is in session may be allowed with written parental consent and proof of satisfactory school performance.
When school is not in session, they may work eight hours a day, up to 48 hours a week, and six days a week. They may work between 6 a.m. and midnight.
Minors, aged 16 and 17, who do not attend school
Minors, aged 16 and 17, who do not attend school may work up to eight hours a day, 48 hours a week, six days a week. They may work between 6 a.m. and midnight.
Prohibited occupations
New York State law bars minors from working in some jobs for reasons of safety and health. Examples of prohibited occupations include construction work, the operation of power-driven tools, the manufacture of brick and tile, logging, mining and the manufacture of explosives.
Workplace rights
Everyone must be paid at least the hourly minimum wage required by state and federal law. A meal period of at least 30 minutes is required if an employee works more than six hours. An employer must post a schedule of hours and meal periods for minors. Every employee must receive a statement with each payment of wages showing hours worked, wages paid and all deductions.
For more information, contact the Division of Labor Standards, or GTM Payroll at (518) 373-4111.
