* § 135. Duties of employers. 1. The employer of any minor required to
have an employment certificate:

a. Shall, before employment begins, file at the place of the minor's
employment such certificate so that it may be readily accessible to any
person authorized by law to examine such document;

b. Shall, upon the termination of the minor's employment, return the
employment certificate to the minor;

c. (i) Shall, if the employer is engaged in a business of assigning
employees for temporary services at another establishment, and the
employer compensates the employee for such services rendered, keep on
file in his or her office the employment certificate and shall cause to
be delivered to each establishment where the child will perform his or
her services a true copy of such employment certificate. Such delivery
shall be deemed compliance with this section and sections one hundred
thirty-one and one hundred thirty-two of this article. The owner of each
establishment to which the child is assigned shall keep on file in his
or her office such copy of the employment certificate, which shall be
deemed compliance with this section, and shall return such copy to the
employer at the conclusion of the child's assignment. Such employer
shall note on the original employment certificate the existence of each
copy.

(ii) As used in this subdivision, the term "establishment" includes a
factory, mercantile establishment, business office, restaurant, hotel,
and any other trade, business or service.

2. The employer of any person claiming to be between eighteen and
twenty-five years of age who does not present an employment certificate
duly issued for him or her must require from such person, and furnish
upon demand to the commissioner or his or her authorized representative,
proof of the age of such person in the form of a driver's license or
other documentation issued by the government of the United States or of
any state located therein, or a certificate of age issued to such person
by an employment certificating official. Such proof of age or a legible
photocopy thereof, or an employment certificate, previously issued for
such person and on file in the place of his or her employment, shall be
conclusive evidence that the person has reached the age certified to
therein.

* NB Effective until May 9, 2027

* § 135. Database for employment of minors; employee registration;
minor employment certificates. 1. Creation of database. The department,
in consultation with the department of education, shall create and
maintain a database for the employment of minors. Except as otherwise
provided in this section, all information pertaining to any employer or
minor that is submitted to the department under this section shall be
confidential and shall not be accessible to the public. Nothing herein
shall prevent the commissioner from sharing such information for civil
or criminal law enforcement purposes.

2. Employer registration and renewal process. Any employer required to
be registered under this section shall provide the department with the
information set forth in this section, as well as any additional
information that the department may require, in the form and manner
prescribed by the department.

3. Employer registration and information. Every employer that hires,
employs, or otherwise permits any minor under the age of eighteen to
work for the employer within the state shall register in the database
and shall provide, in the form and manner prescribed by the department,
the following information:

(a) the name of the employer;

(b) the email address of the employer;

(c) any location of the employer's business operations within the
state, including any location where a minor will be working;

(d) the number and names of minors who are hired, employed, or
otherwise permitted to work for the employer;

(e) a certified statement from the employer that the employer is
hiring, employing, or otherwise permitting minors to work only in
positions for the employer as permitted by law, rule, or regulation in
order to ensure their health, safety, and well-being; and

(f) any other information deemed appropriate by the commissioner.

4. Employer recordkeeping. An employer that is required to be
registered under this section shall, before employment begins, file at
the place of the minor's employment such employment certificate or
permit so that it may be readily accessible to any person authorized by
law to examine such document. An employer's electronic access to such
employment certificate or permit in the database shall meet the
requirements of this subdivision.

5. Minor registration. Any minor under the age of eighteen who plans
to work for an employer within the state shall complete a registration
in the database for any employment certificate or permit. All
information pertaining to the minor shall be confidential and shall not
be accessible by the public. When the minor receives a job offer from an
employer, they must update their certificate or permit in the database
to reflect that employer in order for the certificate or permit to be
valid. If the minor plans to work for a different employer, or for an
employer in addition to the employer for which the minor first
registered, the minor shall update the minor's registration. The minor
shall be required to submit documentation for registration in the form
and manner prescribed by the department.

6. Issuance and revocation of employment certificate or permit. (a)
Any employment certificate or permit issued pursuant to part one of
article sixty-five of the education law shall be issued by the
commissioner electronically within the database. Any application for an
employment certificate or permit that is made pursuant to part one of
article sixty-five of the education law shall be made by a minor on a
form prescribed by the department.

(b) The chancellor in the city school district of the city of New
York, and elsewhere the superintendent of schools or the district
superintendent of schools within their respective jurisdictions, or a
principal of a nonpublic secondary school, may request that the
commissioner revoke a minor's employment certificate or permit. The
requestor shall use the database to file this request and electronically
upload, disclose, or otherwise provide additional information as
necessary. Additional information may relate to: (i) an evaluation of
the student's overall academic performance and past academic record;
(ii) an examination of the student's attendance record; (iii) the
willingness of the student to participate in a cooperative education
program, work study program, school to work program or any other
structured program which provides a student with an opportunity to earn
income while earning academic credit; (iv) such other factors as the
aforementioned officials identify; and (v) any material submitted by the
student. Upon review of information provided by schools or gathered on
their own, the commissioner may revoke the minor's employment
certificate or permit.

7. Records. The commissioner, in consultation with the commissioner of
education, shall provide a method by which authorized school employees
acting on behalf of a school district, board of cooperative educational
services, or nonpublic school may access the database for the purpose of
compliance with part one of article sixty-five of the education law. The
commissioner may share information with such authorized school employees
about registered minors and request information from such school
authorized employees about registered minors or minors applying for a
certificate or permit. Notwithstanding any law, rule, or regulation to
the contrary, a school district, board of cooperative educational
services, nonpublic secondary school and the education department shall
provide the commissioner with such records and information as requested
to fulfill the requirements of this section, provided that, as applied
to student educational records, such entity shall provide all
protections afforded to parents and persons in parental relationships,
or students where applicable, required under the family educational
rights and privacy act, 20 U.S.C. section 1232g, where applicable the
individuals with disabilities education act, sections fourteen hundred,
et seq. of title twenty of the United States code, and the federal
regulations implementing such statutes.

8. Regulations. The commissioner may prescribe regulations necessary
to carry out the provisions of this section.

* NB Effective May 9, 2027