Prohibited Occupations for Minors

A copy of NYS Labor Law Section 133 is below. In employing teens, employers should be careful to avoid the hazardous occupations that are prohibited for minors under 16 and under 18.

Section 133.1(b) prohibits minors under 16 from working in factories. The term "factory" includes automotive repair garages and body shops. Accordingly, minors aged 14 or 15 may not work in such places. They may work in a fully enclosed, separate office or showroom so long as the door to the repair garage is normally kept closed and an entrance to the office or showroom from the outside is available so that the minor does not have to pass through the repair garage. They may work in the lot.

Section 133.2(e) prohibits minors under 18 from adjusting belts to machinery or cleaning, oiling or wiping machinery. The term "machinery" as used in this section of law does not include automobiles or trucks. Accordingly, minors aged 16 and 17 may clean, oil, wipe and adjust belts to autos and trucks. They may not clean, oil, wipe or adjust belts to shop machinery.

Section 133.2(p) prohibits minors under 18 from occupations involved in the operation of power-driven hoisting apparatuses. The term "hoisting apparatuses" does not include the hydraulic lifts commonly termed "grease racks" that are found in auto repair shops. Accordingly, minors 16 and 17 may operate this type of lift and work underneath vehicles. They may not work with any other type of hoisting apparatus.

Section 133.2(r) prohibits minors under 18 from working as helpers on motor vehicles. Accordingly, minors 16 and 17 may not serve as helpers on road service calls made in a tow truck or other motor vehicle.

EXCEPTIONS TO THE PROHIBITED OCCUPATIONS OF SECTION 133.2

NYS Labor Law Section 133.3 contains five exceptions to the prohibited occupations for minors under 18: apprentices, student-learners, trainees, minors who have completed training as a student-learner, and minors who have completed training sponsored by non-profit or publicly funded organizations. These terms are defined and interpreted very narrowly.

Minors aged 16 and 17 can qualify for the apprentice exception only if they are in an apprenticeship program that is registered with the Commissioner of Labor in accordance with Article 23 of the NYS Labor Law.

Minors aged 16 and 17 can qualify for the student-learner exception only if they are enrolled in a course of study and training in a cooperative career and technical (vocational) training program under a recognized state or local educational authority, or in a course of study in a substantially similar program conducted by a private school. The on-the-job training, for which there should be a curriculum/training plan, must be an extension of the classroom learning experience and must be a required component of the total career and technical education program. A student-learner cannot be an employee of the business and cannot be paid. The purpose of the training must be for the acquisition of job skills. All of the following criteria must be met: (1) the training, even though it includes actual operation of the facilities of the business, is similar to that which would be given in a vocational school; (2) the training is for the benefit of the students; (3) the students do not displace regular employees and any work they may do is under close supervision; (4) the business that provides the training derives no immediate advantage from the activities of the students and, on occasion, operations may actually be impeded; (5) the students are not necessarily entitled to a job at the conclusion of the training period and are free to take employment elsewhere in the same field; and (6) the students have been notified, preferably in writing, that they will not receive any wages for such training and are not considered to be employees for minimum wage purposes.

Minors aged 16 and 17 cannot qualify for the trainee exception because the Commissioner of Labor has not approved any on-the-job training programs involving hazardous occupations for minors under 18.

Minors aged 16 and 17 can qualify for the exception for minors who have completed training as a student learner only if employed in the occupation in which he/she has fully completed a career and technical (vocational) program of study and training (including appropriate safety training) through a State Education Department-recognized educational agency (e.g., BOCES, vocational high school) and has graduated from high school.

Minors aged 16 and 17 cannnot qualify for the exception for minors who have completed training sponsored by non-profit or publicly-funded organizations because the Commissioner of Labor has not approved any such training programs involving hazardous occupations for minors under 18.

The Workers Compensation Law provides double indemnity, and the Labor Law provides triple civil penalties, if a minor is injured while working in violation of Labor Law.

NEW YORK STATE LABOR LAW § 133

Prohibited employments of minors.

1. Minors under sixteen.

No minor under sixteen years of age shall be employed in or assist in: a. painting or exterior cleaning in connection with the maintenance of a building or structure; b. any occupation in or in connection with a factory, except as provided in subdivision four of section one hundred thirty-one of this chapter; c. the operation of washing, grinding, cutting, slicing, pressing or mixing machinery; d. any employment in institutions in the department of mental hygiene, provided, however, that for the purposes of this paragraph, participation in recreation and leisure activities, social skills development, companionship and/or entertainment as part of an organized volunteer program approved by the commissioner of mental hygiene, shall not constitute employment or assistance in employment and may be performed by youthful volunteers at least fourteen years of age. Nothing contained in this paragraph shall be construed to permit services prohibited in subdivisions one and two hereof.

2. Minors of any age. No minor of any age shall be employed in or assist in: a. the care or operation of a freight or passenger elevator, except that a minor over sixteen may operate automatic push button control elevators; b. or in connection with the manufacturing, packaging, or storing of explosives; c. operating or using any emery, tripoli, rouge, corundum, stone, silicon carbide, or any abrasive, or emery polishing or buffing wheel, where articles of the baser metals or iridium are manufactured; d. penal or correctional institutions, if such employment relates to the custody or care of prisoners or inmates; e. adjusting belts to machinery or cleaning, oiling or wiping machinery; f. packing paints, dry colors, or red or white leads; g. preparing any composition in which dangerous or poisonous acids are used; h. operating steam boilers subject to section two hundred four of this chapter; i. any occupation at construction work, including wrecking, demolition, roofing or excavating operations and the painting or exterior cleaning of a building structure from an elevated surface; j. any occupation involving exposure to radioactive substances or ionizing radiation, or exposure to silica or other harmful dust; k. logging occupations and occupations in the operation of any sawmill, lath mill, shingle mill or cooperage-stock mill; l. any occupation in or in connection with a mine or quarry; m. any occupation involved in the operation of power-driven woodworking, metal-forming, metal-punching, metal-shearing, bakery, and paper products machines; n. any occupation involved in the operation of circular saws, bandsaws and guillotine shears; o. any occupation in or about a slaughter and meat-packing establishment, or rendering plant; p. any occupation involved in the operation of power-driven hoisting apparatus; q. any occupation involved in the manufacture of brick, tile and kindred products; r. as a helper on a motor vehicle.

3. a. The provisions of subdivision two of this section shall not apply to (1) an apprentice who is individually registered in an apprenticeship program which is duly registered with the commissioner in conformity with the provisions of article twenty-three of this chapter; or (2) a student-learner who is enrolled in a course of study and training in a cooperative vocational training program under a recognized state or local educational authority, or in a course of study in a substantially similar program conducted by a private school; or (3) a trainee in an on-the-job training program approved by the commissioner; or (4) a minor who is employed in the occupation in which he has completed training as a student-learner as provided in subparagraph (2) of this subdivision or as a trainee as provided in subparagraph (3) of this subdivision; or (5) a minor who is employed in the occupation in which he has completed a work training program of a non-profit organization or a training program which is publicly funded in whole or in part, and as part of such program received safety instruction and training in the use of machinery, provided that such safety program has been approved by the commissioner. As used in this paragraph the term "non-profit organization" means an organization operated exclusively for religious, charitable, or educational purposes, no part of the net earnings of which inures to the benefit of any private shareholder or individual. b. An employment certificate required by subdivision two of section one hundred thirty-two of this article shall for the purposes of section fourteen-a of the workmen's compensation law be deemed to authorize employment under subparagraphs (3), (4) and (5) of this subdivision. 4. In addition to the cases provided for in this section, the commissioner, when it is found upon investigation that any particular trade, process of manufacture, occupation, or method of carrying on the same, is dangerous or injurious to the health of minors, may adopt rules prohibiting or regulating the employment of such minors therein. In addition to the adoption of such rules, the commissioner may also adopt such other rules and regulations as are determined necessary to carry out the purposes of this section. 5. In addition to the rulemaking authority set forth in subdivision four of this section, when it is found upon investigation that employment on a farm is dangerous or injurious to the health of minors, the commissioner may adopt rules prohibiting or regulating the employment of such minors therein, which rules shall be in accordance with and consistent with those promulgated by the United States secretary of labor in this regard.