The New York Department of Labor (DOL) encourages businesses to pledge to support the rights of youth in their workplaces and to avoid and affirmatively report violations of the law that result in unsafe or unlawful conditions for youngsters. While this may be viewed as overreaching by some, many businesses and their owners feel strongly about approaching employment in a highly-ethical manner. If you’re one of those businesses, visit the DOL website to take the pledge and proudly display that you are committed to keeping kids safe in your workplace.
The pledge is a straightforward online fillable form that takes you through the various aspects of the law.
As a reminder, New York controls how and when teenagers may work. Indeed, employers must visibly post schedules that show the hours that minors start work, end work, and have set aside for their meals.
Constraints on Employing 16- and 17-Year Olds
Teenagers who are 16 and 17 years old are protected in certain ways during the school year, mostly by the number of hours that can be scheduled/worked.
• Up to 4 hours Monday through Thursday
• Up to 8 hours Friday through Sunday and holidays
• Work hours for this age group can be between 6:00am and 10:00pm on a school night, and 6:00am and 12 midnight on non-school days
• These teens also may not be employed and cannot perform hazardous activities as defined by the DOL and the federal Department of Labor.
There is more flexibility during summer hours, but this age range still cannot do hazardous work even during the summer.
• Up to 8 hours per day
• No more than 48 hours or 6 days per week
• Work hours can be between 6:00am and midnight
All teenagers, in this group as well as the group below, cannot (1) work in construction, logging, meat packing, mining, (2) operate certain power-driven equipment or machinery, or (3) produce bricks or handle explosives. They also can’t work where they’re exposed to radioactive or poisonous substances or in most transportation, warehousing, or storage facilities. Also, they can’t work in prisons and correctional facilities.
Constraints on Employing 14- and 15-Year Olds
There are certain additional limitations for this age group during the school year.
• 3 hours on a school day (not during school hours, or past 7 pm)
• 18 hours in a school week, which is any week that no class is held in any amount.
• 8 hours on a non-school day which is a Saturday or Sunday or non-school day, days, but not after 7 pm.
It should come as no surprise that these teens also may not be employed and cannot perform hazardous activities as defined by the DOL and the federal Department of Labor.
There is more flexibility during summer hours, but this age range still cannot do hazardous work even during the summer.
• 8 hours on a non-school day (not after 9 pm)
• 40 hours in a non-school week
Teenagers in this age group also can’t do factory work, cooking or baking with certain tools and appliances, or work at a facility that serves those with mental illness.
What’s an owner or manager to do?
If your company utilizes teenagers in the workplace, be mindful of these rules, and consider whether it’s in your best interests to take this pledge. With challenges attracting workers, taking pledge – and letting your existing team as well as applicants know what that means – may appeal to your recruits and lead to additional quality applicants.
If you have questions about employing under-aged workers, let us know. We’re here for all your employment-related issues, challenges, and questions.
You can easily contact us at 716.839.9700 or you can use the contact form at our website.
We’re always happy to help.
