It is essential for employers to stay informed on New York State laws when it comes to the employment of minors. New York State has one of the strictest child labor laws in the United States of America, and it is important to know, understand and stay up to date on the requirements when school is both in and not in session.
New York State child labor laws apply to individuals under the age of 18. Different rules apply depending on the minor's age, whether school is in or NOT in session, and the type of work being completed.
The following chart breaks down the type of work papers for minors in New York:
| Age Range | Work Paper Requirements |
| 14 - 15 | Working papers are blue. |
| 16 - 17 (who are still enrolled in school) |
Working papers are green. |
| 16 - 17 (who are unenrolled from school or leaving school for full-time employment) |
Working papers are peach. |
Employees who are turning 16 but still carry 14–15-year-old working papers (blue), must receive the 16–17-year-old working papers (green) in order to continue employment.
If the employee is enrolled in school, they should go to their guidance office and ask for a working papers application.
If the employee is not enrolled in school, they should go to the nearest school where they live. The school is required to give the employee an application.
New York State Child Labor Laws limit the number of hours that minors - under the age of 18 can work when school is in session. Minors of any age may not work during school hours, unless they have graduated or withdrawn from school. Home-schooled children may not work during the hours of the local public school.
When School is in session, there are stricter laws regarding when and how many hours a minor can work.
During weeks when school is in session, minors 14-15 years of age are limited to the following hours in most occupations:
| Requirement | School Days | Non-School Days |
| Shift Length | Three Hours | Eight Hours |
| Hours per Week | 18 Hours per Week, Combined | 18 Hours per Week, Combined |
| Days per Week | Six Days per Week, Combined | Six Days per Week, Combined |
| Permitted Hours | 7:00 AM - 7:00 PM | 7:00 AM - 7:00 PM |
When school is in session, minors 16-17 years of age are limited to the following hours in most occupations:
| Requirement | School Days | Non-School Days |
| Shift Length | Four Hours | Eight Hours |
| Hours per Week | 28 Hours per Week, Combined | 28 Hours per Week, Combined |
| Days per Week | Six Days per Week, Combined | Six Days per Week, Combined |
| Permitted Hours | 6:00 AM - 10:00 PM | 6:00 AM - 10:00 PM |
To work between 10:00 PM and midnight on a day before a school day, 16- and 17-year-olds need written permission from a parent or guardian and a certificate of satisfactory academic standing from their school.
Some exceptions to the above requirements include:
When school is NOT in session, it does affect how many hours minors are legally allowed to work.
When school is NOT in session, minors 14-15 years of age are limited to the following hours in most occupations:
| Requirement | Details |
| Shift Length | Eight Hours |
| Hours per Week | 40 Hours per Week |
| Days per Week | Six Days per Week |
| Permitted Hours |
7:00 AM - 9:00 PM |
When school is NOT in session, minors 16-17 years of age are limited to the following hours in most occupations:
| Requirement | Details |
| Shift Length | Eight Hours |
| Hours per Week | 48 Hours per Week |
| Days per Week | Six Days per Week |
| Permitted Hours |
6:00 AM - 12:00 AM |
Yes. Working paper requirements vary by age and school enrollment status. Minors ages 14–15 receive blue working papers, while 16–17-year-olds who are still enrolled in school receive green working papers. Minors ages 16–17 who are not enrolled in school or are leaving school for full-time employment receive peach working papers.
Yes. An employee who turns 16 and still has blue working papers for 14–15-year-olds must obtain green working papers for 16–17-year-olds in order to continue employment.
Minors who are enrolled in school can request a working papers application from their school’s guidance office. Those who are not enrolled in school can obtain an application from the nearest school where they live.
Generally, no. Minors may not work during school hours unless they have graduated or withdrawn from school. Home-schooled minors may not work during the hours of the local public school.
In most occupations, 14- and 15-year-olds can work up to three hours on a school day and eight hours on a non-school day. They are limited to 18 total hours and six days per week and generally may only work between 7:00 AM and 7:00 PM.
Having EBC HR & Payroll Solutions, Inc. on your team allows you to move forward with confidence, knowing that we’re doing right by your employees, doing right by you, and it’s all being done in accordance with all the latest rules, regulations, and laws.
Human resources are a vital aspect of any organization, and we know that HR personnel can become inundated by laws and regulations as they work to establish HR and Safety policies and procedures.
EBC is dedicated to offering solutions for your organization’s human resources challenges. Our philosophy is to provide a comprehensive, wide range of services to all our clients.
To learn more about our HR compliance services, contact us today.