New York Labor Law Section 135 - Duties of employers.

135. Duties of employers. 1. The employer of any minor required to have an employment certificate:

a. Shall, before employment begins, file at the place of the minor's employment such certificate so that it may be readily accessible to any person authorized by law to examine such document;

b. Shall, upon the termination of the minor's employment, return the employment certificate to the minor;

c. (i) Shall, if the employer is engaged in a business of assigning employees for temporary services at another establishment, and the employer compensates the employee for such services rendered, keep on file in his or her office the employment certificate and shall cause to be delivered to each establishment where the child will perform his or her services a true copy of such employment certificate. Such delivery shall be deemed compliance with this section and sections one hundred thirty-one and one hundred thirty-two of this article. The owner of each establishment to which the child is assigned shall keep on file in his or her office such copy of the employment certificate, which shall be deemed compliance with this section, and shall return such copy to the employer at the conclusion of the child's assignment. Such employer shall note on the original employment certificate the existence of each copy.

(ii) As used in this subdivision, the term "establishment" includes a factory, mercantile establishment, business office, restaurant, hotel, and any other trade, business or service.

2. The employer of any person claiming to be between eighteen and twenty-five years of age who does not present an employment certificate duly issued for him or her must require from such person, and furnish upon demand to the commissioner or his or her authorized representative, proof of the age of such person in the form of a driver's license or other documentation issued by the government of the United States or of any state located therein, or a certificate of age issued to such person by an employment certificating official. Such proof of age or a legible photocopy thereof, or an employment certificate, previously issued for such person and on file in the place of his or her employment, shall be conclusive evidence that the person has reached the age certified to therein.

Last modified: February 3, 2019