NY · agricultural-work rules for minors
New York agricultural work rules for minors
Federal FLSA § 213(c) lets minors work in agriculture at younger ages than in other industries, with no federal hour cap outside school hours. New York layers state-specific rules on top of that framework — whichever is stricter binds the employer (FLSA § 218(a)). This page covers the New York ag-work floor: minimum ages on and off the family farm, hazardous-occupation cutoffs, school-hours rules, the parental-farm exemption as New York treats it, and the exact state-code citation.
Quick facts
- Min age off-parent farm
- 12+
- Min age for ag-hazardous work
- 16+
- Parent-owned farm exemption
- Mirrors federal § 213(c)
- State daily / weekly hour cap
- Yes
- State statute
- NY Labor Law Article 4 (§§ 130-145-a)
- Last verified
New York vs the federal FLSA floor
Each row compares New York's rule to the federal floor under 29 USC § 213(c) and 29 CFR §§ 570.70 – 570.72. When the state is stricter, the state rule binds the employer; when the state is looser or silent, the federal floor still applies (§ 218(a)).
| Dimension | Federal floor | New York | Delta |
|---|---|---|---|
| Min age off parent farm | 12 with parental consent / 14 without | 12+ | Matches FLSA |
| Min age for Ag HO work | 16+ (Ag HO-1 to Ag HO-11) | 16+ | Matches FLSA |
| Parent-owned farm exemption | No min age; preempts Ag HOs | Mirrors federal | Matches FLSA |
| Daily / weekly hour cap | No cap outside school hours | State cap applies | Stricter than FLSA |
How New York actually regulates farm work
New York applies materially looser rules to farm work than to other employment for minors 14 and up: NYDOL states 'there are no hour regulations for farm work that apply to minors 14 years of age or older.' For 12- and 13-year-olds, a separate Farm Work Permit allows hand-harvest picking of berries, fruit, and vegetables — limited to 4 hours per day and prohibited before 9 a.m. or after 4 p.m. during the school year (Labor Day to June 20), and 7 a.m. to 7 p.m. during the summer (June 21 to Labor Day). 12–13-year-olds cannot work on a farm when school is in session. 'Dangerous farm jobs' are prohibited under 16, mirroring the federal Ag HO floor. The federal parent-owned-farm exemption from § 213(c)(1) applies; the state does not separately restrict it.
Citation
NY Labor Law §§ 130-145-a; NY DOL Hours of Work for Minors guidance
Where to verify New York's ag-work enforcement
Ag-work rulemaking is an active area at both the US DOL Wage & Hour Division and state labor agencies. Before relying on these rules for hiring, scheduling, or harvest-season planning, confirm with the primary sources below.
Other states with distinctive ag-work rules
- California ag-work rules →
- Hawaii ag-work rules →
- Washington ag-work rules →
- Oregon ag-work rules →
- Minnesota ag-work rules →
- Massachusetts ag-work rules →
- Florida ag-work rules →
- Michigan ag-work rules →
- Wisconsin ag-work rules →
- Texas ag-work rules →
- North Carolina ag-work rules →
- Iowa ag-work rules →
- Illinois ag-work rules →