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This entry was published on 2014-09-22
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SECTION 3215
Unlawful employment
Education (EDN) CHAPTER 16, TITLE 4, ARTICLE 65, PART 1
§ 3215. Unlawful employment. 1. It shall be unlawful, except as
otherwise provided by law, to employ in any trade, business or service a
minor who does not present an employment certificate or permit issued in
accordance with this article.

2. No minor shall be employed during the hours when attendance upon
instruction is required by this chapter.

3. No minor shall be employed in violation of any provision of the
labor law or other law.

4. Exceptions. a. When attendance upon instruction is not required by
this chapter, a minor fourteen years of age or over 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 another
child or children with or without the presence at such home of such
child or children's parents or guardians;

(3) Casual employment of a minor fourteen or fifteen years of age
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; and

(4) Casual employment of a minor sixteen years of age or over
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.

b. When attendance upon instruction is not required, a minor sixteen
years of age or over may be employed in work on a farm without an
employment certificate or permit.

c. Nothing in this section shall prohibit the employment of a minor
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 this article.

d. Nothing in this section shall be construed to prohibit the
employment of a minor in accordance with sections thirty-two hundred
twenty-six through and including section thirty-two hundred thirty of
this chapter.

e. Nothing in this section shall be construed to prohibit the
employment of a minor twelve years of age or over in work for his
parents or guardians on the home farm or at other outdoor work not
connected with or for any trade, business or service when attendance
upon instruction is not required by this chapter.

f. 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 non-profit college or university fraternity,
sorority, student association or faculty association.