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This entry was published on 2014-09-22
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Duties of employers
§ 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

(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