On May 9, 2025, Governor Kathy Hochul signed into law major amendments to New York’s child labor protections as part of the FY26 State Budget. These changes—contained in Parts W and X of the Education, Labor, Housing, and Family Assistance Budget Bill (ELFA)—increase civil penalties for violations, overhaul permitting and reporting requirements, and eliminate longstanding exemptions. Penalty increases (Part W) took effect immediately, while the permitting and reporting reforms (Part X) and exemption eliminations will take effect May 9, 2027.
Existing Law
Article 4 of the New York Labor Law (NYLL §§130–144) imposes strict requirements on the employment of minors that supplement federal restrictions under the Fair Labor Standards Act (FLSA). Current law prohibits employment of minors under 14, with limited exceptions (NYLL §130); requires employment certificates (“working papers”) for minors aged 14–17, issued by schools (NYLL §§131, 135; Education Law §3216); restricts hazardous occupations (NYLL §133); limits hours and night work (NYLL §§142–143); and mandates posting of schedules and compliance with meal periods (NYLL §144). Violations previously carried civil penalties capped at $1,000 for a first offense, and penalties for repeat violations were capped at $3,000 (NYLL §141).
Increased Civil Penalties
Effective May 9, 2025, NYLL §141 now authorizes penalties up to $10,000 for a first violation, $2,000–$25,000 for a second, and $10,000–$55,000 for subsequent violations....
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