New York has enacted legislation (Senate Bill S3006C), which adds child labor protections to the law. The penalties portion for child labor violations is effective immediately, with the changes to certification and working paper requirements of Senate Bill S3006C set to take effect on May 9, 2027.
The Details
Background
New York Labor Law and guidance from the New York Department of Labor have strict requirements for employing minors.
For instance, the following rules apply to minors:
- Restrictions on the types of work they can perform.
- A maximum number of hours they may work per week (dependent on age and whether school is in session).
- Limits for working at night (dependent on the time of year, age and profession).
- Working paper requirements, which include applying in-person through either their school or the New York State Department of Education.
- Employers must post a schedule of hours for all minors, including when they start and end and their meal periods.
Senate Bill S3006C
Penalties
On May 9, 2025, Senate Bill S3006C increased penalties for employers that are found to have violated child labor laws to:
- First violation: Up to $10,000
- Second violation: $2,000 - $25,000
- Third and subsequent violations: $10,000 - $55,000
Note: The penalties for employers who are found to have violated the law, which results in the serious injury or death of a minor employee, are increased to triple the amounts listed above.
Recordkeeping
The New York Department of Labor will create an electronic database that confidentially records the employment of minors and issues employment certificates and permits.
Beginning May 9, 2027 an employer that employs minors must:
- Confirm the minor that presents a certificate is the minor listed in the certificate.
- Register in the database and provide the required information about the business and the minors employed, such as:
- Maintain records of employment certificates or permits (electronically or physically) at the place of employment and have the documents accessible for authorized individuals.
Note: A temporary service employer must keep employment certificates on file and provide copies to each establishment where a minor is assigned to work.
- Destroy physical or electronic copies of a minor’s employment certificate upon the minor’s termination of employment.
Minor employees:
- May electronically register in the database and apply for their working papers (previously required in-person filing). Note: The New York Labor Commissioner will be responsible for issuing and revoking employment certificates and permits (previously schools held this responsibility).
- Must register in the database and update their employment certificate or permit for each employer.
Next Steps
- Be aware of the increase in penalties that took effect immediately.
- Review recordkeeping policies and procedures, training supervisors on the requirements of the law by May 9, 2027.