The Significant Child Labor Reforms New York Employers Need to Know

On May 9, 2025, New York Gov. Kathy Hochul signed into law several provisions under the 2025-26 New York state budget, including significant child labor reforms. Among the child labor reforms are increased civil penalties for violations, which become effective immediately, as well as changes to requirements for minor employment certification and recordkeeping and certain child labor protections, which take effect on May 9, 2027.

Child Labor Civil Penalties

The amendments significantly increase the maximum civil penalties for child labor violations as follows:

• Up to $10,000 for a first violation (previously up to $1,000);
• Between $2,000 and $25,000 for a second violation (previously up to $2,000); and
• Between $10,000 and $55,000 for a third or subsequent violation (previously up to $3,000).

In situations where a child labor violation results in serious injury or death to a minor, the amendments implement a new penalty scale. The penalty range for the new scale is as follows:

• Between $3,000 and $30,000 for a first violation;
• Between $6,000 and $75,000 for a second violation; and
• Between $30,000 and $175,000 for a third and subsequent violation.

Previously, for violations involving serious injury or death of a minor, the penalty was triple the maximum penalty allowed under the law. These changes took effect on May 9, 2025.

Minor Employment Certification and Recordkeeping

The amendments also make significant changes to minor employment certification and recordkeeping requirements. Any employer hiring minors under the age of 18 must register in a confidential database, providing information about their business and the minors they employ, including:

• The name of the employer;
• The employer’s email address;
• Any location of the employer’s business operations within New York, including any location where a minor will be working;
• The number and names of minors who are hired, employed or otherwise permitted to work for the employer;
• A certified statement from the employer that the employer is hiring, employing or otherwise permitting minors to work only in positions for the employer as permitted by New York child labor laws to ensure the minors’ health, safety and well-being; and
• Any other information deemed appropriate by the New York commissioner of labor.

The New York State Department of Labor (NYSDOL), in consultation with the New York Department of Education, will create and maintain this confidential database, which is not accessible to the public. Employers are required to file employment certificates and permits (either electronically or physically) at the place of employment before a minor’s employment begins and make the certificates and permits accessible to authorized individuals. Employers must destroy any physical or electronic copies of a minor’s employment certificate upon termination of the minor’s employment. Temporary service employers are also required to keep employment certificates on file and provide copies to each establishment where a minor is assigned.

Additionally, minors are required to register in the database and update their employment certificate or permit for each employer. The NYSDOL, instead of school officials, will be responsible for issuing and revoking minor employment certificates and permits. These certificates and permits will be issued electronically within the database. Employment certificates are valid for the minor’s initial employment and subsequent work, as permitted by a particular type of certificate, provided the minor has updated their electronic registration to reflect the subsequent employer.

These new requirements take effect on May 9, 2027.

Child Labor Protections

The amendments eliminate the hours of work coverage exemption for newspaper carriers and the exemption permitting the employment of a minor 15 years old who is found to be incapable of profiting from further instruction available and who presents a special employment certification. These changes take effect on May 9, 2027.

Employer Next Steps

Employers should review their employment policies and procedures related to employing minors to ensure they comply with the new provisions. Additionally, employers should start reviewing their employment policies regarding minor employment certificates and permits and recordkeeping requirements and make any updates to comply with amendments by May 9, 2027. Employers can also train personnel on the new database requirements and be prepared to use the amendments’ effective date.

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Ensure Compliance with Child Labor Laws

If you are concerned about compliance with these and other labor laws, and you don’t have the HR resources to stay on top of it, GTM can help. Our HR Audit service provides a comprehensive review of an organization’s human resources policies, practices, procedures, and systems to identify improvement areas and ensure compliance with legal and regulatory requirements. It is an objective examination conducted internally to identify and remedy possible exposure. On-site records are physically reviewed, issues are identified, and presented in memo form with a worksheet. Clients are copied on requests for information and kept apprised of the audit status.

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