Compliance updates, analysis, plus HR and payroll best practices from HR One
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Summer jobs can provide teenagers with valuable work experience and a chance to earn their own income. Teen workers can help employers meet seasonal staffing needs, expand scheduling flexibility, and build a pipeline of future employees.
But for employers in New York State, hiring minors comes with specific legal responsibilities. New York has strict laws designed to protect young workers, and non-compliance can lead to significant penalties.
Here's what employers need to know:
Minimum Age Requirements and Job Restrictions
Generally, minors under the age of 14 cannot work, except in limited situations such as entertainment or agricultural work. Teens aged 14 to 17 may work in a wider variety of jobs, but there are strict limits on both the types of work they can perform and the number of hours they can work.
Working Papers: What’s Required
Minors between 14 and 17 must obtain working papers, also called employment certificates, before starting a job. The type of certificate depends on the teen’s age and whether they are still in school:
Blue Paper (Form AT-18) – Student Non-Factory Employment Certificate
For 14- and 15-year-olds working after school or during vacations. Not valid for factory work, construction, hazardous machinery, driving-related tasks, or machinery maintenance.
Green Paper (Form AT-19) – Student General Employment Certificate
For 16- and 17-year-olds who are still in school. Allows factory work, but hazardous jobs remain off-limits, including certain machinery, construction, driving-related tasks, and machinery maintenance.
Peach Paper (Form AT-20) – Full-Time Employment Certificate
For 16- and 17-year-olds not attending school and working full time. Hazardous occupations and certain prohibited duties still remain off-limits.
Employers must retain the original working papers at the location where the teen is working and verify that the certificate type matches both the employee’s age and the work being performed.
If a teen applies and does not have working papers, direct them to their school guidance office.
Work Hour Restrictions
New York State strictly regulates both the total hours minors may work and the times of day they may be scheduled, particularly when school is in session.
For example:
14- and 15-year-olds generally may not work during school hours, more than 3 hours on a school day, or later than 7:00 PM during the school year.
During summer vacation, 14- and 15-year-olds may generally work up to 40 hours per week between 7:00 AM and 9:00 PM.
16- and 17-year-olds have broader permitted work hours, but restrictions still apply, particularly for late-night work during the school year.
Employers must also post scheduled work hours for minor employees in a visible location at the worksite. This may be done through a separate schedule for minors or by clearly identifying minor employees on a general employee work schedule.
Hazardous Occupations
Both New York State and federal law prohibit minors from performing certain hazardous work. Restrictions may include operating power-driven equipment, roofing, excavation work, many construction activities, driving-related duties, and other dangerous occupations.
Employers should carefully review job duties before assigning tasks to teen workers, particularly in manufacturing, construction, maintenance, food service, and landscaping environments.
Sick Leave Requirements
Teen employees are generally entitled to the same sick leave protections as adult employees under New York State law. Whether leave must be paid depends on employer size and income thresholds. Employers should ensure that sick leave policies are applied consistently to eligible employees regardless of age.
Recordkeeping Obligations
Employers must maintain accurate records for all minor employees, including names, ages, working paper documentation, and hours worked. Employers should also maintain documentation related to workplace injuries, incidents, and employment records involving minor employees.
Best Practices for Employers
To stay compliant, employers should:
Verify the age of all teen applicants and ensure they have the correct working papers.
Confirm that job duties and work schedules comply with New York youth employment restrictions.
Review scheduling practices during the school year and summer months.
Ensure work schedules for minors are properly posted at the worksite.
Ensure sick leave policies are applied consistently to teen employees.
Maintain detailed employment and scheduling records for minors.
By following these steps, employers can create a safe, lawful, and supportive environment for teen workers while helping protect their business from potential legal and compliance issues. If your organization hires teenagers, HR One is happy to review your policies and procedures on employing minors.
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