NY · family-business carve-out for minor workers
New York family-business carve-out for minor workers
Federal FLSA § 213(c)(1)(C) exempts a minor working in a parent-owned, non-hazardous, non-manufacturing, non-mining business from the general 14-year minimum age and the standard hour caps for 14- and 15-year- olds. New York narrows that carve-out, and whichever rule is stricter binds the employer (FLSA § 218(a)). This page covers how New York treats parent-owned businesses for minor workers: which family relationships qualify, whether a state work permit is still required, whether state hour caps still apply, how state hazardous-occupations prohibitions interact with the federal HO-1 to HO-17 list, and the exact state-code citation.
Quick facts
- Federal carve-out treatment
- Narrowed by state
- State work permit required?
- Yes
- State hour caps apply?
- Yes
- State hazardous prohibitions
- Apply
- State statute
- NY Labor Law §§ 130, 131-134 (Employment Certificate); §§ 142, 142-a (hour caps); 12 NYCRR § 142-2.7
- Last verified
New York vs the federal § 213(c)(1)(C) carve-out
Each row compares New York's treatment of parent-owned businesses to the federal exemption under 29 USC § 213(c)(1)(C) and 29 CFR § 570.123. When the state is stricter, the state rule binds the employer; when the state is broader or silent, the federal floor still applies. Federal hazardous orders HO-1 through HO-17 always apply regardless of state law (the federal exemption never reaches mining, manufacturing, or HO-listed work).
| Dimension | Federal floor | New York | Delta |
|---|---|---|---|
| Recognition of carve-out | Parent or in loco parentis, non-hazardous, non-mfg | Narrowed by state | Stricter than FLSA |
| State work permit required | Not required in parent-owned biz | Still required | Stricter than FLSA |
| State hour caps in parent-owned biz | Waived (no daily/weekly cap) | Still apply | Stricter than FLSA |
| Hazardous-occupations prohibitions | Federal HO-1 to HO-17 always apply | State HOs also apply | Stricter than FLSA |
Which family relationships qualify in New York
New York does not separately recognize a non-agricultural parent-owned-business carve-out from its Article 4 employment-certificate or hour-cap requirements. The narrow "casual" carve-outs in § 130 apply to occasional yard work, babysitting, and newspaper delivery — not to ongoing employment in a parent-owned business.
How New York actually treats parent-owned businesses
New York's Article 4 requires an Employment Certificate ("working papers") issued by the minor's school district for every minor 14 through 17 in any "employment" as defined in § 130, with no parent-owned-business carve-out from the certificate requirement. The state's daily/weekly hour caps and time-of-day restrictions for 14–15-year-olds (3 hrs/school day, 18 hrs/school week, 7 AM–7 PM with summer extension) and 16–17-year-olds (4 hrs/school day, 28 hrs/school week, until 10 PM on school nights with parental + school written consent allowing midnight) apply equally to family-owned bodegas, restaurants, and retail businesses. The federal § 213(c)(1)(C) exemption does NOT preempt these state rules under § 218(a)'s "more protective" rule. The only state carve-outs from the Employment Certificate are agriculture (separate Farm Work Permit framework), newspaper delivery (§ 131 specific exemption), and the casual/occasional employment exclusion under § 130(2). Federal hazardous orders HO-1 through HO-17 also apply.
Citation
NY Labor Law §§ 130, 131-134 (Employment Certificate); §§ 142, 142-a (hour caps); 12 NYCRR § 142-2.7
Where to verify New York's family-business treatment
Family-business carve-outs are interpreted by state labor agencies and can shift after legislative sessions. Before relying on these rules to hire a minor in a parent-owned business, confirm with the primary sources below.