Permits minors to be employed as a referee, umpire or official at a youth sporting event

Summary of provisions

Section 1 adds a new subdivision 17 to section 2 of the Labor Law to define the term "youth sporting event" to include organized partic- ipation in a competitive physical activity aimed at using, maintaining or improving physical ability and skills of minors.

Section 2 adds a new paragraph i to subdivision 2 of section 130 of the Labor Law to provide an exemption to allow twelve and thirteen year olds to serve as referees, umpires or officials at youth sporting events for minors predominately ten years of age or less when attendance upon instruction is not required by the education law. In order to serve as a referee, these minors would be required to provide written consent from a parent or guardian, be in good academic standing with the school district and would not be allowed to officiate at more than one youth sporting event per week.

Section 3 adds a new subparagraph 7 to paragraph a of subdivision 3 of section 131 of the Labor Law by providing an exception to allow fourteen and fifteen year olds to serve as a referee, umpire or official at a youth sporting event for minors predominantly twelve years of age or less when attendance upon instruction is not required by the education law.

Section 4 adds a new subparagraph 7 to paragraph a of subdivision 3 of section 132 of the Labor Law to provide an exception for sixteen and seventeen year olds to serve as a referee, umpire or official at a youth sporting event for minors predominantly fifteen years of age or less.

Section 5 sets the effective date.

Justification

In New York State, anyone under the age of 18 must show an employment certificate before they can work. These certificates, commonly known as "working papers," are issued by school districts and are valid for two years from the date of issue. In order to qualify for an employment certificate, applicants must present evidence of age, a parental or guardian signature, certificate of physical fitness, a

pledge of employment, their school record and their social security number.

New York State labor laws stipulate that no minor under the age of four- teen shall be employed in or in connection with any trade, business or service. However, numerous exceptions have been created to allow minors to work before the age of fourteen. For instance, an eleven year old may be employed as a newspaper carrier. Provisions also exist to allow twelve and thirteen year olds to work on a family farm, family market stand or as a bridge caddie. Child performers and models are also allowed to work under the age of fourteen. All of these exceptions are allowed as long as they comply with either the Education Law work requirements for minors or provisions contained within the Arts and Cultural Affairs Law.

When exceptions have allowed children under the age of fourteen to be permitted to work in a certain field, the amendment has also provided provisions allowing youth ages fourteen through seventeen to be employed in that same field without certificate of employment or permit. Similar to that of the exclusion for a bridge caddie, this exception allowing twelve and thirteen year olds to be employed as a referee, umpire or official at a youth sporting event, accompany provisions allowing those ages fourteen through seventeen to do so without an employment certif- icate or permit.

Currently, many youth sport leagues are experiencing shortages in refer- ees or umpires. For example, many youth hockey leagues are trying to cope with a significant shortage of youth referees. This legislation would allow more young people to enjoy contributing to youth sports regardless of their athletic ability and to learn the value of gainful employment.

Legislative history

2013-14: A.8457/S.7373 - Referred to Labor 2011- 12: A.7484/5.510 - Passed Senate .2009-10: S.6652 - Referred to Labor

Fiscal implications

None.

Effective date

This bill shall take effect immediately.