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Pay Attention to New Proof-of-Age Requirement for N.Y. Employers

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in Discrimination and Harassment,Employment Law,Hiring,Human Resources

by Nixon Peabody LLP

A little-noticed amendment to New York's Labor Law imposes a new recordkeeping requirement on New York employers.

We're all familiar with the requirement that, for most types of employment, minors under age 18 must provide employers with employment certificates, commonly known as "working papers," to lawfully hold jobs.

Employers must keep the employment certificate on file during the minor's employment and produce it to the New York Department of Labor (DOL) on demand. Employers are subject to penalties and fines if they hire a minor without obtaining an employment certificate.

But what if a minor says that he or she is 18 or older and the employer doubts the statement is true?

Until December 2005, New York's Labor Law said only that an employer could require a certificate of age issued by an employment-certificating officer from anyone claiming to be over 18. This certificate, when kept on file b...(register to read more)

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