§ 138. Employment of persons apparently under eighteen years of age.
- If any person apparently under eighteen years of age is employed
without the certificate on file as required by law, in or in connection
with any employment to which the provisions of this article apply, the
commissioner may require the employer to cease employing the person or
file, within ten days after demand, evidence in the form required by the
education law for the issuance of such certificate that the person is
over the age for which the certificate is required.
- If the employer fails to furnish such evidence within ten days
after demand, and thereafter employs the person, proof of the service of
the demand and of the failure to furnish such evidence shall be prima
facie evidence in any prosecution brought for a violation of this
article that such person is under the age for which such certificate is
required and is unlawfully employed.
June 25, 2009