NYSED / P-12 / OSI / SSS / Laws and Regulations / § 132. Employment of minor sixteen or seventeen years of age.

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§ 132. Employment of minor sixteen or seventeen years of age.

1. No minor sixteen or seventeen years of age shall be employed in or in connection with any trade, business, or service when attendance upon instruction is required by the education law or in violation of the employment certificating provisions of the education law.
2. A minor sixteen or seventeen years of age may be employed if he presents an employment certificate or permit issued in accordance with the education law.
3. Exceptions:
   1. When attendance upon instruction is not required by the education law, a minor sixteen or seventeen years of age may be employed without an employment certificate or permit in the following occupations:

   (1) Work on a farm;

   (2) Caddy service on a golf course;

   (3) Service as a baby sitter staying with and at the home of a younger child or children with or without the presence at such home of such child's or children's parents or guardians;

   (4) Casual employment consisting of yard work and household chores in and about a residence or the premises of a non-profit, non-commercial organization, not involving the use of power-driven machinery other than power-driven machinery ordinarily used in such yard work or household chores;

   (5) Caddie service at a bridge tournament;

   (6) Work for his parents or guardians at outdoor work not connected with or for any trade, business, or service.

   2. Nothing in this section, or the hours of work requirements of this chapter, shall apply to a newspaper carrier in compliance with section thirty-two hundred twenty-eight of the education law.
   3. Nothing in this section shall prohibit the employment of a minor sixteen or seventeen years of age during the school lunch period in a school cafeteria at the school which the minor attends if the minor presents an employment certificate issued in accordance with the education law.
   4. Nothing in this section shall be construed to apply to the employment of a minor sixteen or seventeen years of age as a child model in compliance with section 35.05 of the arts and cultural affairs law.
   5. Notwithstanding any other provision of this chapter, an employment certificate or permit shall not be required for a student sixteen years of age or over who is in attendance at a recognized institution of higher learning and who is employed by a non-profit college or university or by a college or university fraternity, sorority, student association or faculty association.
4. Nothing in this section shall be construed to permit the employment of a minor sixteen or seventeen years of age in any occupation prohibited by section one hundred thirty-three of this chapter.
5. Nothing contained in this section shall prevent the rendering of services for the public good by a minor of sixteen or seventeen years pursuant to section seven hundred fifty-eight-a or 353.6 of the family court act.

Last Updated: June 25, 2009