General Employment Law

What Rights Do Minor Employees Have in New York?

In New York, the bustling streets of the city that never sleeps are often filled with the energy of young workers eager to enter the workforce. But amidst this hustle and bustle, what rights do minor employees have? From age requirements to work permits and protections, navigating the employment landscape for minors in New York can be complex.

What should you know if you or your children are working or intend to work in New York?

Age Requirements for Employment

First and foremost, how old do you need to be to work in New York? The answer varies depending on the type of work and the hours involved. Generally, minors as young as 14 years old can work in New York, but with restrictions.

For example, minors aged 14 and 15 can work limited hours outside of school hours in non-hazardous jobs such as office or retail work. People aged 16 and 17 have fewer restrictions and can work longer hours.

Work Permits

In addition to meeting age requirements, minors in New York typically need a work permit, also known as an employment certificate, to legally work. These permits are issued by the school the minor attends or by the New York State Department of Labor.

Work permits serve as a means to ensure that minors are not exploited or subjected to hazardous work conditions. They often require parental consent and verification of academic standing to ensure that employment does not interfere with education.

Protections for Minor Employees

Despite their age, minor employees in New York are entitled to certain protections under state and federal labor laws. However, these protections may vary from those afforded to adult workers. One key distinction lies in the types of work minors are permitted to perform and the hours they can work.

For instance, minors are generally prohibited from working in hazardous occupations such as mining or manufacturing.

New York State labor laws impose restrictions on the hours minors can work, especially during school hours. For example, minors under the age of 16 are limited to working no more than 4 hours on school days and no more than 8 hours on non-school days. Additionally, minors are typically required to take breaks after a certain number of hours worked, ensuring their well-being and preventing overwork.

Furthermore, while minor employees are entitled to certain rights such as minimum wage and overtime pay, there may be exceptions or special provisions for minors under 18. For instance, New York State law allows for a lower minimum wage for minors, known as the “youth minimum wage,” which may be lower than the standard minimum wage for adults.

Speak to an Employment Attorney If You Believe a Young Person’s Employment Rights Were Violated

Both employers and minor employees need to be aware of these rights and regulations. This ensures compliance with the law, as well as a safer working environment. Employers must uphold their obligations to provide a safe workplace, fair wages, and appropriate working conditions for minor employees. Minors must understand their rights and advocate for themselves if they feel their rights are being violated.

While young workers in New York may be eager to join the workforce and gain valuable experience, it’s crucial to understand the rights and protections afforded to them under state and federal law. To learn more or to discuss your situation with a legal professional, contact Borrelli & Associates, P.L.L.C.

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