SPECIAL OCCUPATIONS
Delivery and Clerical Employment in Factory Offices and Service Stores
Newspaper Sales and Delivery
Shoeshiners (Bootblacks)
Child Performers
Child Models
Commissioner of Education- Regulations for Child Models
DELIVERY AND CLERICAL EMPLOYMENT IN FACTORY OFFICES AND SERVICE STORES
Although no minor under 16 may work in a factory workroom, 14 or 15 year-olds may work in delivery and clerical jobs in a factory office that is enclosed and separate from the place where manufacturing is carried on. The office must have a partition at least seven feet high, and must have an entrance that will permit the minors to enter or leave the office without passing through the factory workroom.
A minor 14 or 15 year old also may work in a delivery or clerical job in a dry cleaning store, tailor shop, shoe repair shop, laundry store, hat cleaning store, and similar service stores, but he or she is not permitted to work in proximity to dangerous machinery, equipment, or process.*
* Federal law requires that any delivery work for retail stores, which is performed by 14- and 15- year-olds be made on foot, by bicycle, or via bus. It also forbids them from working in a place where processing (such as laundering or dry cleaning) takes place.
NEWSPAPER SALES AND DELIVERY
There are two principal occupations relating to newspaper sales and delivery:
Newspaper Carrier
The Education Law defines a newspaper carrier as one who delivers, or sells and delivers, newspapers, shopping papers, or periodicals to customers at their homes or places of business.
The minimum age for a newspaper carrier is 11*. All newspaper carriers between ages 11 and 18 must have a permit.
A newspaper carrier may not work before 5 am., after 7 pm., or 30 minutes prior to sunset, whichever is later, nor during the time when minors are required to attend school. (See Permitted Working Hours Chart for additional information.)
A newspaper carrier permit is not valid for work as a helper on a newspaper delivery truck delivering papers to stores or distributors.
The newspaper publisher or distributor who supplies the papers or periodicals to the carrier must provide workers' compensation insurance for that employee. A newspaper publisher or distributor who knowingly permits a newspaper carrier to work in violation of the provisions of the Education Law is liable for a double indemnity compensation award if the minor is injured. The newspaper supplier cannot be insured for the additional award but must pay it out of pocket.
It is unlawful for a person knowingly to deliver newspapers or periodicals to a newspaper carrier who is not incompliance with the regulations. The Commissioner of Labor and the police have concurrent power to enforce the regulations, except with respect to the issuance and revocation of the permit, which is under the jurisdiction of the local educational authorities. (Note: The above newspaper carrier regulations do not apply to a minor employed to sell newspapers at a stand owned either by a candy store proprietor or by a newspaper publisher or distributor. Such a minor is covered by the provisions of the Labor Law applying to minors employed in other industries or occupations.)
Street Trades - Selling Newspapers
Under federal law a 14 year old age minimum is required for delivery of periodicals and similar items.
The street trades provisions of the Education Law apply to minors who sells newspapers or other periodicals on streets or in other public places. Minors between 14 and 18 who work on the street must have a street trades permit.
The Commissioner of Labor and the police have concurrent power to enforce the street trades regulations, except with respect to the issuance and revocation of the permits, which is under the jurisdiction of educational authorities.
SHOESHINERS
The street trades regulations applying to the selling of newspapers described above also apply to work as a shoeshiner on streets or in other public places.
CHILD MODELS
Minors not yet 18 may not be employed or exhibited as models without a permit from the educational authorities. The permit authorizes work for several employers, but each employer must sign the permit.
COMMISSIONER OF EDUCATION - REGULATIONS FOR CHILD MODELS
A minor employed, used, exhibited, or caused to be exhibited as a model shall be accompanied by the parent or guardian of such minor or by an adult designated in writing by such parent or guardian provided that in relation to a minor fifteen years of age or under, the employer of the minor may not be so designated by the parent or guardian.
No minor shall be employed, used, exhibited, or caused to be exhibited as a model during the hours he/she is required to be in attendance in the school in which he/she is enrolled.
No minor under 7 years of age shall be employed, used, exhibited or caused to be exhibited as a model for more than 2 hours in any 1 day and not more than 10 hours in any 1 week nor shall such minor be so employed, used, exhibited, or caused to be exhibited during the hours of 6 p.m. to 9 a.m.
No minor 7 years of age through 13 years of age, in any week during which the school said minor attends is in session, shall be employed, used, exhibited, or caused to be exhibited as a model more than 3 hours in any one day in which such school is in session or 4 hours in any one day in which such school is not in session but not more than 18 hours in any such week.
No minor 7 years of age through 13 years of age, in any week during which the school said minor attends is not in session, shall be employed, used, exhibited, or caused to be exhibited as a model more than 4 hours in any 1 day but not more than 20 hours in any such week.
No such minor shall be employed, used, exhibited, or caused to be exhibited between the hours of 6 p.m. and 9 a.m.
No minor 14 or 15 years of age, in any week during which the school said minor attends is in session, shall be employed, used, exhibited, or caused to be exhibited as a model more than 3 hours in any 1 day in which such school is in session or 8 hours in any 1 day in which such school is not in session, but not more than 23 hours in any such week.
No minor 14 or 15 years of age, in any week during which the school said minor attends is not in session, shall be employed, used, exhibited, or caused to be exhibited as a model more than 8 hours in any 1 day but not more than 40 hours in any such week.
No such minor shall be employed, used, exhibited, or caused to be exhibited between the hours of 6 p.m. and 9 a.m.
No minor 16 or 17 years of age, in any week during which the school said minor attends is in session, shall be employed, used, exhibited, or caused to be exhibited as a model more than 4 hours in any 1 day in which such school is in session or 8 hours in any 1 day in which such school is not in session but not more than 28 hours in any such week.
No minor 16 or 17 years of age, in any week during which the school said minor attends is not in session, shall be employed, used, exhibited, or caused to be exhibited as a model more than 8 hours in any 1 day but not more than 48 hours in any such week.
No male minor 16 or 17 years of age shall be employed, used, exhibited, or caused to be exhibited as a model between 12 o'clock midnight and 6 a.m. and no such female minor shall be so employed between 10 p.m. and 7 a.m.
Child Model Work Permits shall accompany each minor employed, used, exhibited, or caused to be exhibited as a model and each person employing, using, or exhibiting the minor shall at the beginning and at the completion of such employment, use, or exhibition for each day indicate the exact hours of such employment, use, or exhibition and shall in addition indicate the total hours of such employment, use, or exhibition for such day.
The certificate of physical fitness issued to each minor employed, used, exhibited, or caused to be exhibited as a child model shall, in the case of each such minor who is in attendance at a school, be made by the medical inspector charged with the duty of making physical examinations of all school children and for each such minor not in attendance at a school shall be made by a physician licensed to practice medicine in the State of New York except that in a city of over l,000,000 population such certificate shall be issued only by a physician designated by the Department of Health if the minor is of school age.
A child model work permit shall be issued by the superintendent of schools in cities and school districts employing a superintendent of schools and elsewhere by the district superintendent of schools. A superintendent of schools or district superintendent of schools may designate in writing one or more public school officials to act as certifying officers in his stead.
A child model work permit may be revoked by the certifying officer at any time for any violation of law or of these regulations or for any other good cause.
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