131 - Employment of minors fourteen or fifteen years of age. - New York Statutes

§ 131. Employment of minors fourteen or fifteen years of age. 1. No minor fourteen or fifteen 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. 2. When attendance upon instruction is not required by the education law, a minor fourteen or fifteen years of age may be employed if he presents an employment certificate or permit issued in accordance with the education law; provided, however, that no minor fourteen or fifteen years of age shall be employed in or in connection with a factory. 3. Exceptions: a. When attendance upon instruction is not required by the education law, a minor fourteen or fifteen years of age may be employed without an employment certificate or permit in the following occupations: (1) Caddy service on a golf course; (2) 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; (3) 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; (4) Assisting a parent, aunt, uncle, grandparent or guardian in the sale of produce of a farm that is owned or leased by the minor's parent, aunt, uncle, grandparent or guardian, at a farm stand or farmer's market stand that is owned or leased by the minor's parent, aunt, uncle, grandparent or guardian, at times when school in not in session and the minor is accompanied by the parent or guardian or has presented the written consent of the parent or guardian. (5) Caddie service at a bridge tournament; (6) Work for his parents or guardians either on the home farm or at other outdoor work not connected with or for any trade, business, or service. b. Nothing in this section shall be construed to prohibit the employment of a minor fourteen or fifteen years of age as a child performer in compliance with section 35.01 of the arts and cultural affairs law and article four-A of this chapter. c. Nothing in this section shall be construed to apply to the employment of a minor fourteen or fifteen years of age as a child model in compliance with section 35.05 of the arts and cultural affairs law. d. 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. The picking up of newspapers at a newspaper plant shall not be construed to be employment in or in connection with a factory if there is provided a place for the picking up of such newspapers, which place does not contain any dangerous machinery or equipment and does not afford access to space in which any such dangerous machinery or equipment is located. e. Nothing in this section shall prohibit the employment of a minor fifteen years old who is found to be incapable of profiting from further instruction available and who presents a special employment certificate issued in accordance with the education law. Such employment certificate shall not be valid for work in or in connection with a factory. f. A minor fourteen or fifteen years of age may be employed in farm service, when attendance upon instruction is not required by the education law, provided such minor presents a farm work permit issued in accordance with the education law. Such permit shall be valid only when signed by the employer and it shall not be valid for work in or in connection with a factory.g. Nothing in this section shall prohibit the employment of a minor fourteen or fifteen 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. Employment in delivery and clerical employments: a. Nothing contained in this article shall be deemed to prohibit the employment of a minor fourteen or fifteen years of age for whom a student non-factory employment certificate has been issued in accordance with the provisions of the education law, in delivery and clerical employments: (1) in an office of a factory, provided that such office is enclosed and separate from the place where manufacturing is carried on, and provided that the minor is not engaged in any manufacturing operation or process; or (2) in or in connection with dry cleaning stores, tailor shops, shoe repair shops and similar service stores which clean, press, alter, repair or dye articles or goods belonging to the ultimate consumer, provided that such employment does not involve the use of dangerous machinery or equipment, or chemical processes. b. The commissioner may promulgate rules and regulations which he deems necessary to carry out the provisions of this subdivision. 5. Nothing in this section shall be construed to permit the employment of a minor fourteen or fifteen years of age in any occupation prohibited by section one hundred thirty-three of this chapter. 6. Nothing in this section shall prevent the rendering of services for the public good by a minor of fourteen or fifteen years pursuant to section seven hundred fifty-eight-a or 353.6 of the family court act.