S T A T E   O F   N E W   Y O R K
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                                  2541

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2009
                               ___________

Introduced by M. of A. CUSICK -- read once and referred to the Committee
  on Labor

AN ACT to amend the labor law, in relation to work hours for lifeguards

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph a of subdivision 1 of section 143  of  the  labor
law,  as  amended by chapter 546 of the laws of 1992, is amended to read
as follows:
  a. (i) More than four hours on any day preceding a school  day,  other
than  on  a  Sunday  or holiday; (ii) except that students enrolled in a
cooperative work experience program approved by the department of educa-
tion may be employed for no more than six hours on any day  preceding  a
school  day, other than on a Sunday or holiday, if such hours of employ-
ment occur solely pursuant to such program. Any hours worked by students
in such programs shall be included when calculating the number of  hours
worked  for  purposes  of  subparagraph (i) of this paragraph; AND (III)
EXCEPT THAT STUDENTS MAY BE EMPLOYED FOR UP TO FIVE  HOURS  ON  ANY  DAY
PRECEDING  A  SCHOOL DAY AS A QUALIFIED LIFEGUARD OR AQUATIC SUPERVISORY
STAFF AS DEFINED BY  TITLE  10  NYCRR  PART  6,  PROVIDED  THE  EMPLOYER
RECEIVES AND MAINTAINS BOTH THE WRITTEN CONSENT OF THE MINOR'S PARENT OR
GUARDIAN  AND  A  CERTIFICATE WHICH SHALL BE PROVIDED TO THE EMPLOYER AT
THE END OF EACH MARKING PERIOD BY THE MINOR'S SCHOOL WHICH SHALL  ASSERT
THAT  SUCH  MINOR  IS IN SATISFACTORY ACADEMIC STANDING ACCORDING TO THE
STANDARDS IN SUCH SCHOOL DISTRICT; WHERE SUCH STUDENT MAINTAINS A  PASS-
ING GRADE AS DETERMINED BY THE EDUCATIONAL INSTITUTION WHERE THE STUDENT
IS  ENROLLED, HAS WRITTEN PERMISSION FROM A PARENT OR LEGAL GUARDIAN AND
WHERE SUCH STUDENT MEETS ANY OTHER EDUCATIONAL STANDARDS OR  REQUIREMENT
SET BY THE EMPLOYER OR HIRING AGENCY;
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02090-01-9