GNYADA July 2015 Newsletter

Hiring TeenWorkers 15

adhered to; if they are present at other times, or if there is no posted schedule, this violates child labor law.

Every summer, the number of minors (17 or younger) seeking employment skyrockets. Hiring minors makes business sense to many dealerships. However, when hiring minors, dealers must pay close attention to The New York State Department of Labor’s rules and restrictions, regarding their employment. In NYS, any applicant under 18 must show an employment certificate (“working papers") before they begin work. Minors are also prohibited from performing certain tasks while employed at a dealership, including handling haz- ardous chemicals or toxins. Minors cannot operate car hoisting power lifts, use heavy machinery, or act as a helper on a motor vehicle. These prohibitions do not apply to minors who are enrolled in an apprentice program registered with DOL such as the GNYADA-sponsored school-to-work AYES program). Employers must make a schedule for all minors, including their daily working hours and allotted meal times, and post it where workers can see it. An employer can change the hours of work, as long as they post those changes on the schedule. Minors’ posted work hours should be strictly

Driving Restrictions for Minors Minors are also subject to driving restrictions while employed by a dealership:

16-year-old licensed drivers May drive dealer vehicles on dealership property only. n

17-year-old licensed drivers (with completed drivers education course and no moving violations) May drive within a 30-mile radius of the dealership during daylight hours in vehicles that weigh no more than 6,000 lbs GVW. Are limited to two trips per day, when transporting non- employee passengers and may not transport more than three passengers (including the employee) at any time. n n

Dealers must remind minors to wear seatbelts at all times, as with all employees.

Workers’ Compensation: Minors are Eligible If a minor employee is injured under circumstances in violation of the NYS child labor laws or Industrial Code rules, the compensation will be doubled.

PERMITTED WORKING SUMMER HOURS FOR MINORS

When School IS NOT in Session

Age

Max. Daily Hours.

Max. Weekly Hours

Max. Days per Week

Permitted Hrs.

14-15

8 hours

40 hours

6

7:00am-9:00pm

16-17

8 hours

48 hours

6

6:00am-12:00am

When School IS in Session

Age

Max. Daily Hours.

Max. Weekly Hours

Max. Days per Week

Permitted Hrs.

14-15 3 hours on school days

18 hours 18 hours

6 6

7:00am-7:00pm 7:00am-7:00pm

8 hours on school days

16-17 4 hours on weekdays preceding school days (Mon-Thur)

28 hours

6

6:00am-12:00am

8 hours on Fri, Sat, Sun, holidays

Greater New York Automobile Dealers Association • www.gnyada.com

The Newsletter • July 2015

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