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NY · Employer compliance

Hire a minor in New York: 6-step compliance checklist

The federal Fair Labor Standards Act sets a floor; New York adds its own rules. The stricter of the two always wins. This page walks through the six checks every New York employer must complete before a 14-, 15-, 16-, or 17-year-old starts work — sourced from the US DOL New York state page and NY Labor Law Article 4 (§§ 130-145-a).

Last verified:

Minimum work age

14

State work permit

Required (14–17)

Restricted occupations on file

5

Stricter than federal?

Yes

  1. Verify the minor's age

    Before scheduling the first shift, get documentary proof of the employee’s date of birth. In New York the state work permit (Employment Certificate (AT-19, AT-20, or AT-25 by age)) doubles as the age certificate — the issuing authority verifies the birth date when the permit is issued.

  2. Apply the stricter of federal or New York hour caps

    Use the stricter rule for the employee’s age band and school-in-session status. Below are New York’s state-specific caps for the two main age bands.

    Ages 14–15

    School in session

    3 hr / day · 18 hr / week

    07:00 – 19:00

    School out (summer)

    8 hr / day · 40 hr / week

    07:00 – 21:00

    Ages 16–17

    School in session

    4 hr / day · 28 hr / week

    06:00 – 22:00

    School out (summer)

    8 hr / day · 48 hr / week

    06:00 – 00:00

  3. Block hazardous and restricted occupations

    The 17 federal Hazardous Orders (HO-1 to HO-17) prohibit minors under 18 from specific non-agricultural occupations — meat processing, power tools, roofing, mining, certain driving roles, and more. See the full federal HO list.

    New York adds the following restrictions on top of the federal floor:

    • All federal hazardous orders HO-1 through HO-17(29 CFR Part 570)
    • Construction work for minors under 18
    • Operating power-driven bakery machines(HO-11)
    • Door-to-door sales after dark for minors under 18
    • Roofing operations and work on or about a roof(HO-16)

  4. Obtain the New York work permit

    Apply at your local school district office or guidance counselor. The student fills out the application; a physician must sign the physical-fitness portion. A parent or guardian must sign for minors under 18.

    Form
    Employment Certificate (AT-19, AT-20, or AT-25 by age)
    Issued by
    Local school district (Employment Certificate / 'working papers')
    Applies to ages
    14–17
    New York permit info page →Download New York work permit (PDF)

    How to apply for the New York work permit →

  5. Post the required notices

    Display the federal FLSA Youth Employment poster and the New York state child-labor poster where employees can see them. Both are free downloads from the US DOL Wage & Hour Division and the New York labor agency. Failure to post is one of the most common citations issued during WHD audits.

  6. Keep records for at least 3 years

    Federal FLSA §11(c) sets a 3-year minimum for payroll, hours, age verification, and (where applicable) the New York work permit. Many states require longer retention specifically for minor-employment documents — typically until 3 years after the minor turns 18. Keep: payroll + hours, age verification, the state permit, parental consent forms (where applicable), and any time-off / training records.

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