What's happening
This bill allows student lifeguards in New York to work up to five hours before school days if they meet certain requirements.
Why it matters
Addresses lifeguard shortages. By letting qualified student lifeguards work up to five hours before school days (with parental and school approval), the bill aims to help fill critical staffing gaps, especially at pools and beaches that rely on younger workers.
Links work to academic performance. Students must maintain satisfactory grades and present proof of academic standing each marking period, tying job eligibility directly to school success and potentially motivating students to keep up academically.
Requires parental and school oversight. Employment is only allowed if the student’s parent or guardian gives written consent and the school certifies the student’s academic standing, ensuring both family and educational institutions are involved in the decision.
Limits exploitation and prioritizes safety. By restricting the change to certified lifeguards/aquatic staff and requiring ongoing school performance checks, the bill seeks to balance workforce needs with student well-being and public safety.
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Who cares
Headline styles
Expand Lifeguard Work Hours
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to labor
- Referred to labor
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Expand Lifeguard Work Hours
In Senate Committee · Labor · Sponsor Michael Cusick
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5082
2017-2018 Regular Sessions
IN SENATE
March 7, 2017
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 Assembly, 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 education 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 employment 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 period by the minor's school which shall assert that such minor is in satisfactory 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;
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00307-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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 situ- ations 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, establish- ments such as hotels or private facilities who employ lifeguards, have shifts longer than four hours. Students, who have worked hard and demon- strated that they are responsible individuals by meeting the qualifica- tions and testing to become a certified lifeguard, often miss out on these jobs because they are not allowed to work the full shift. In addi- tion, 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 after- noon 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
2017: S.5082 - Referred to Labor / A.6153 - Referred to Labor 2016-2016: A.5220 - Reported referred to rules/ S.3686 - Referred to Labor; 2013-2014: A.5224 - Passed Assembly/S.3597 - Died in Labor; 2011-2012: A.367-Passed Assembly/S.7162 - Referred to Labor; 2009-2010: S.494 Referred to Labor/A.2541 - Passed Assembly; 2007-2008: S.6245 - 3rd Reading Calendar/A.9228 - Passed Assembly.
Fiscal implications
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.