Last update: June 10, 2023
Minimum Hiring Age in New York
What is the minimum age to be employed in New York? The legal age to work in New York is 14, but governed by state and federal child labor laws and varies based on:
- The type of work (e.g., agricultural or non-agricultural)
- Whether the job is considered hazardous or has prohibited duties.
- Whether school is in session.
- The legal status of the minor (e.g., emancipated minors).
- Whether the job is exempt from the Fair Labor Standards Act (FLSA).
According to Federal Law (FLSA), a minor must be at least 14 years old to work for an employer (e.g. retail stores, food service establishments and gasoline service stations), with an exception for minors working for a parent or legal guardian who owns the business. This is the reason why you will never see job postings for children under the age of 14.
Age Restrictions
18 years of age to work as a bartender, serve alcohol in a restaurant, and work in a liquor store if supervised by someone over 21.
- Minors under 18 may not work:
- At construction work, including wrecking, demolition, roofing, or excavating operations and the painting or exterior cleaning of a building structure from an elevated surface.
- Involving the operation of circular saws, band saws, and guillotine shears.
- In or about a slaughtering and meat-packing establishment, or rendering plant.
- Involving the operation of power-driven woodworking, metal-forming, metal-punching, metal-shearing, bakery and paper products machines.
- Involving the operation of power-driven hoisting apparatus, the manufacture of brick, tile, and like products and exposure to radioactive substances or ionizing radiation, or exposure to silica or other harmful dust.
- Like logging occupations and occupations in the operation of any sawmill, lath mill, shingle mill, or cooperage-stock mill.
- In mining or in connection with a mine or quarry.
- As a helper on a motor vehicle.
- In the care or operation of a freight or passenger elevator, except that minor over 16 may operate automatic, push-button control elevators.
- In manufacturing, packing, or storing of explosives, or in the use or delivery of explosives.
- 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.
- Adjusting belts to machinery or cleaning, oiling, or wiping machinery
- Packing paints, dry colors, or red or white leads.
- Preparing any composition in which dangerous or poisonous acids are used.
- Operating steam boilers subject to section 204 of the Labor Law.
- In penal or correctional institutions, if the job relates to the custody or care of prisoners or inmates.
- These rules do not apply to:
- Workers younger than 18 who are apprentices individually registered in DOL registered apprenticeship programs.
- Student-learners enrolled in recognized cooperative vocational training programs.
- Trainees in approved on-the-job training programs.
- Workers 16 or 17 years old who have completed training as a student learner or trainee in an approved on-the-job training program.
- Workers 16 or 17 years old who have completed a training program given by a public school or a non-profit institution that includes DOL approved safety instruction.
- Minors under 16 may not work:
- Any factory work, except in delivery and clerical employment in an enclosed office of a factory or in dry cleaning stores, shoe repair shops, and similar service stores.
- Operating or assisting in operating any machinery unless all moving parts other than keys, levers, or handles are so guarded as to prevent any part of the person or clothing for the operator from touching them.
- Painting or exterior cleaning in connection with the maintenance of a building or structure.
- Operating washing, grinding, cutting, slicing, pressing, or mixing machinery.
- Work at institutions in the Department of Mental Health.
- Industrial homework.
- Places of entertainment as a rope or wirewalker or gymnast, unless protected by the use of safety devices or protective equipment that comply with the Federal Occupational Safety and Health Act.
- Peddling; drug traffic; or any practice, exhibition, or place dangerous or injurious to life, limb, or morals.
- Dangerous farm jobs.
Minimum age to drive motor vehicles (cars and small trucks) on public roads as part of jobs is basically 17 years old, with certain requirements.
Minimum age to serve and bartend alcohol in New York:
| Beer | Wine | Spirits | |
|---|---|---|---|
| Serve | 18 | 18 | 18 |
| Bartend | 18 | 18 | 18 |
Work Hours
- 14: Minors aged 14 and 15 may maximum work:
- When school is in Session: 3 hours on school days; 18 hours per week; 6 days per week; from: 7 a.m. to 7 p.m.
- When school is not in Session: 8 hours per day; 40 hours per week; 6 days per week; from: 7 a.m. to 9 p.m.
- 16: Minors aged 16 and 17 may maximum work:
- When school is in Session: 4 hours on days preceding school days; 28 hours per week; 6 days per week; from: 6 a.m. to 10 p.m..
- When school is not in Session: 8 hours per day; 48 hours per week; 6 days per week; from: 6 a.m. to Midnight
- Farm work: Minors aged 12 or 13 may maximum work: 4 hours per day; from: 7 a.m. to 7 p.m. June 21 to Labor Day/ 9 a.m. to 4 p.m. Day after Labor Day to June 20; Minors aged 14 or older are unrestricted.
- Newspaper carriers: Minors aged 11 to 18 may maximum work: 4 Hours on school days 5 Hours on other days; from: 5 a.m. to 7 p.m. or 30 minutes prior to Sunset, whichever is later.
- Street trades: Minors aged 14 to 18 may maximum work: 4 Hours on school days 5 Hours on other days; from: 6 a.m. to 7 p.m.
Maximum daily and weekly hours and days per week for minors ages 14 and 15:
8-40-6 school day/week: 3-18
Students of 14 and 15 enrolled in approved Work Experience and Career Exploration programs may work during school hours up to 3 hours on a school day and 23 hours in a school week
Nightwork prohibited for minors ages 14 and 15:
7 p.m. (9 p.m. June 21 through Labor Day) to 7 a.m.
Maximum daily and weekly hours and days per week for ages 16 and 17:
8-48-6 school day/week: 4 before school day, 8 Friday, Saturday, Sunday or holiday-28, if enrolled in school.
Nightwork prohibited for ages 16 and 17:
10 p.m. (midnight before school days with written permission from both parent and school and before non-school day with written parental consent) to 6 a.m., while school is in session. Midnight to 6 a.m. while school is not in session.
Work Permit
If you are aged 14-17 you will need an employment certificate, also called working papers, in order to hold a job in New York State. Age certification is not required, but an age certificate is required by law to be provided on request for 18 years old and older.
Minimum Wages
The minimum wages in New York is $14.20; $15.00 (Long Island, Westchester, & NYC) These rates are in effect from December 31, 2022 through December 30, 2023.. FLSA allow employers to pay a youth minimum wage of not less than $4.25 an hour to employees who are under 20 years of age during the first 90 consecutive calendar days after initial employment.