Provides that students may be employed for up to five hours on any day preceding a school day as a qualified lifeguard or aquatic supervisory staff, provided that the employer receives and maintains both the written consent of the minor's parent or guardian and a certificate which shall be provided to the employer at the end of each marking period by the minor's school which shall assert that such minor is in satisfactory academic standing.
TITLE OF BILL: An act to amend the labor law, in relation to work hours for lifeguards
PURPOSE OR GENERAL IDEA OF BILL: This legislation would allow certified lifeguards age 16-17 years old, to work for up to five hours on any day preceding a school day other than a Sunday or holiday with certain exceptions.
SUMMARY OF SPECIFIC PROVISIONS: Amends paragraph a of subdivision 1 of section 143 of the labor law, as amended by chapter 546 of the laws of 1992.
JUSTIFICATION: Currently, minors sixteen and seventeen years of age may not be employed for more than four hours on any day preceding a school day other than on a Sunday or holiday while school is in session. Though this law aims to protect minors and encourage them to remain in school, certain situations warrant an exemption. Under this legislation, an employer who receives and maintains both the written consent of the minor's parent or guardian and a certificate provided by the school that states the student is in satisfactory academic standing, along with the student's certified lifeguard documentation, he or she may employ that student in a lifeguard position for up to five hours. For the most part, establishments such as hotels or private facilities who employ lifeguards, have shifts longer than four hours. Students, who have worked hard and demonstrated that they are responsible individuals by meeting the qualifications and testing to become a certified lifeguard, often miss out on these jobs because they are not allowed to work the full shift. In addition, many seniors in high school do not have a full day of school. In some cases seniors are out of school by noon and have an entire afternoon where they could be gainfully employed as opposed to hanging around the malls or at home. Giving responsible teenagers the opportunity to work these lifeguard shifts allows them to earn money for their future and, hopefully, for college. It also keeps them busy carrying out a responsible and meaningful job.
PRIOR LEGISLATIVE HISTORY: 2012: S.7162 - Referred to Labor/A.367 Passed Assembly 2010: S.494 - Referred to Labor/A.2541- Passed Assembly 2009: S.494 - Referred to Labor/A.2541- Died in Rules 2008: S.6245 - 3rd Reading Calendar/A.9228 - Passed Assembly 2007: S.6245 - Referred to Rules/A.9228- Passed Assembly
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 3597 2013-2014 Regular Sessions IN SENATE February 7, 2013 ___________Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Labor AN ACT to amend the labor law, in relation to work hours for lifeguards THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph a of subdivision 1 of section 143 of the labor law, as amended by chapter 546 of the laws of 1992, is amended to read as follows: a. (i) More than four hours on any day preceding a school day, other than on a Sunday or holiday; (ii) except that students enrolled in a cooperative work experience program approved by the department of educa- tion may be employed for no more than six hours on any day preceding a school day, other than on a Sunday or holiday, if such hours of employ- ment occur solely pursuant to such program. Any hours worked by students in such programs shall be included when calculating the number of hours worked for purposes of subparagraph (i) of this paragraph; AND (III) EXCEPT THAT STUDENTS MAY BE EMPLOYED FOR UP TO FIVE HOURS ON ANY DAY PRECEDING A SCHOOL DAY AS A QUALIFIED LIFEGUARD OR AQUATIC SUPERVISORY STAFF AS DEFINED BY PART SIX OF TITLE TEN OF THE NEW YORK STATE CODES, RULES AND REGULATIONS, PROVIDED THE EMPLOYER RECEIVES AND MAINTAINS BOTH THE WRITTEN CONSENT OF THE MINOR'S PARENT OR GUARDIAN AND A CERTIFICATE WHICH SHALL BE PROVIDED TO THE EMPLOYER AT THE END OF EACH MARKING PERI- OD BY THE MINOR'S SCHOOL WHICH SHALL ASSERT THAT SUCH MINOR IS IN SATIS- FACTORY ACADEMIC STANDING ACCORDING TO THE STANDARDS IN SUCH SCHOOL DISTRICT; WHERE SUCH STUDENT MAINTAINS A PASSING GRADE AS DETERMINED BY THE EDUCATIONAL INSTITUTION WHERE THE STUDENT IS ENROLLED, HAS WRITTEN PERMISSION FROM A PARENT OR LEGAL GUARDIAN AND WHERE SUCH STUDENT MEETS ANY OTHER EDUCATIONAL STANDARDS OR REQUIREMENT SET BY THE EMPLOYER OR HIRING AGENCY; S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05593-01-3