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This entry was published on 2014-09-22
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SECTION 143
Hours of work for minors sixteen and seventeen years of age
Labor (LAB) CHAPTER 31, ARTICLE 4
§ 143. Hours of work for minors sixteen and seventeen years of age. 1.
When school is in session, no minor sixteen or seventeen years of age
enrolled in a daytime school, other than a part-time or continuation
school, shall be employed:

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
education 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 employment 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;

b. More than eight hours on a Friday, Saturday, Sunday or holiday;

c. More than twenty-eight hours a week;

d. More than six days a week;

e. After ten o'clock at night on any day preceding a school day, or
after midnight on any day preceding a school day 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;

f. After ten o'clock at night on any day preceding a non-school day
or, if the employer receives and maintains the written consent of the
minor's parent or guardian, after midnight; or

g. Before six o'clock in the morning.

2. When school is not in session, no minor sixteen or seventeen years
of age shall be employed:

a. More than eight hours a day, except that for the purpose of making
one or more shorter work days or a holiday in a week, such persons may
be employed up to ten hours on any one day of the week, and nine hours
on any of four other days, but not in excess of forty-eight hours in any
such week;

b. More than forty-eight hours a week;

c. More than six days a week; or

d. After twelve midnight or before six o'clock in the morning.

3. A minor sixteen or seventeen years of age who is not enrolled in a
daytime school when school is in session shall be covered under
subdivision two of this section.

4. This section shall not apply to a newspaper carrier as defined in
section thirty-two hundred twenty-eight of the education law whose hours
of work are governed by such section, a farm laborer, a child performer
whose employment is governed by section 35.01 of the arts and cultural
affairs law and article four-A of this chapter, a child model whose
employment is governed by section 35.05 of the arts and cultural affairs
law, a bridge caddie at a bridge tournament or a baby sitter as defined
in section one hundred thirty-one of this chapter or a seventeen year
old minor employed as a counselor, junior counselor or
counselor-in-training at a camp for children during the months of June,
July and August.

5. a. The provisions of paragraphs b, c and d of subdivision one and
paragraphs a, b and c of subdivision two of this section shall not apply
to (i) employment solely as a singer or performer in a hotel or
restaurant; (ii) employment in a resort or seasonal hotel or restaurant
in a rural community and in a city and village having a population of
less than fifteen thousand inhabitants, excluding that portion of the
population of a third class city residing outside of its corporation tax
district where such city embraces the entire area of a former township.
As used in this subdivision, the term "resort" applies to such hotel or
restaurant which operates for not more than four calendar months and
fifteen days in each year, and the term "seasonal" applies to such hotel
or restaurant in which the number of employees is increased by at least
one hundred percent from the slack to the busiest season; (iii)
employment in or in connection with a beauty parlor in cities and
villages having a population of less than fifteen thousand; (iv)
employment in or in connection with a mercantile establishment during
the following periods: (A) from the eighteenth day of December to the
following twenty-fourth day of December, inclusive; or (B) for any seven
consecutive days during the period from the fourth day of December to
the following twenty-third day of December, inclusive, selected by an
employer by filing written notice with the commissioner on or before the
first day of December designating the days selected. An employer may
make such selection for the employer's establishment, or if there is
more than one establishment, for any one or more of such establishments;
and (C) for two additional periods each year, for the purpose of taking
inventory, each period not to be more than one week's duration. Each
period shall not exceed a total of six hours if the minor is employed on
an eight-hour-day basis, or five hours if employed ten hours on one day
and nine hours on any of four other days of the week, in addition to the
hours permitted in this section;

b. The provisions of paragraph d of subdivision one and paragraph c of
subdivision two of this section shall not apply to (i) employment as a
writer or reporter in a newspaper office or (ii) employment by a duly
recognized florist on the day before Easter Sunday, on Easter Sunday
morning, and on the twenty-third day of December of each year;

c. The provisions of paragraph e of subdivision one and paragraph d of
subdivision two of this section shall not apply to those employments
listed in subparagraphs (i) and (ii) of paragraph a of this subdivision
and subparagraphs (i) and (ii) of paragraph b of this subdivision nor to
employment by a duly licensed airline in the maintenance of aircraft
through a work study or job trainee program, under recognized state or
local educational authority, or through a course of study in a
substantially similar program conducted by a private school or through a
training program which is publicly funded in whole or in part nor to
employment as a junior counselor, counselor in training or counselor at
a camp for children during the months of June, July and August.

6. The provisions of this section shall not apply to the employment of
a minor seventeen years of age as an election inspector or poll clerk
pursuant to section 3-400 of the election law.