Answers to Some Common Questions About Minors
Q. Can a 16 or 17 year-old minor who has quit school work more than 4 hours per day or 28 hours per week?
A. Yes. If a minor has left school voluntarily, then he or she is not required to attend. The minor must have a Full-Time Employment Certificate and may work 8 hours per day, 48 hours per week between the hours of 6 a.m. and midnight.
Q. Does a 16 or 17 year-old minor who has graduated from high school or attends college need parental and school consent to work past 10 p.m.?
A. No. This law pertains to 16 and 17 year-olds who are attending high school. However, minors who are high school graduates must have a Full-Time Employment Certificate.
Q. If a 16 or 17 year-old minor is obtaining a High School Equivalency Diploma, does that restrict their working hours when school is in session?
A. No. Their attendance is not mandated by the Education Law. However, they must have a Full-Time Employment Certificate.
Q. Should all injuries at work be reported?
A. Yes. All injuries should be reported to the employer and the physician or hospital so they can file a report with the Workers' Compensation Board to protect the young person and cover the medical expenses.
Q. Do minors who do not yet attend school need a Modeling Permit?
A. Yes. ALL minors under 18 years old must have a Model Permit to be employed, used, exhibited, or caused to be exhibited as a model. See the Commissioner of Education Regulations concerning hours minors may be employed as models, etc.
Q. If an employer complies with the State Law does that guarantee compliance with the Federal Law or if the employer complies with Federal Law does that guarantee compliance with State Law?
A. Not in all cases. The rule to follow is that the law that is most restrictive and protects the employee the most is the one that applies. For more information, see Comparison - New York State Child Labor Law vs Federal Law.
Q. If a 16 or 17 year-old changes jobs, do they need a new Parent/Guardian Consent form and/or a new Certificate of Satisfactory Academic Standing for the new employer?
A. A new Parent/Guardian form must be obtained for each job, because the forms are only valid for the employer listed. The School Satisfactory Academic Standing Certificate is valid for the entire marking period, regardless of the employer.
Q. Where can I find these forms?
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