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N.Y. Lab. Law § 135

Duties of employers

Showing this section's text as in effect on January 1, 2015 (in force January 1, 2015 – January 1, 2026). View current text →

§ 135. Duties of employers. 1. The employer of any minor required to\nhave an employment certificate:\n a. Shall, before employment begins, file at the place of the minor's\nemployment such certificate so that it may be readily accessible to any\nperson authorized by law to examine such document;\n b. Shall, upon the termination of the minor's employment, return the\nemployment certificate to the minor;\n c. (i) Shall, if the employer is engaged in a business of assigning\nemployees for temporary services at another establishment, and the\nemployer compensates the employee for such services rendered, keep on\nfile in his or her office the employment certificate and shall cause to\nbe delivered to each establishment where the child will perform his or\nher services a true copy of such employment certificate. Such delivery\nshall be deemed compliance with this section and sections one hundred\nthirty-one and one hundred thirty-two of this article. The owner of each\nestablishment to which the child is assigned shall keep on file in his\nor her office such copy of the employment certificate, which shall be\ndeemed compliance with this section, and shall return such copy to the\nemployer at the conclusion of the child's assignment. Such employer\nshall note on the original employment certificate the existence of each\ncopy.\n (ii) As used in this subdivision, the term "establishment" includes a\nfactory, mercantile establishment, business office, restaurant, hotel,\nand any other trade, business or service.\n 2. The employer of any person claiming to be between eighteen and\ntwenty-five years of age who does not present an employment certificate\nduly issued for him or her must require from such person, and furnish\nupon demand to the commissioner or his or her authorized representative,\nproof of the age of such person in the form of a driver's license or\nother documentation issued by the government of the United States or of\nany state located therein, or a certificate of age issued to such person\nby an employment certificating official. Such proof of age or a legible\nphotocopy thereof, or an employment certificate, previously issued for\nsuch person and on file in the place of his or her employment, shall be\nconclusive evidence that the person has reached the age certified to\ntherein.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.