Work-Based Learning

CHAPTER 7:
Your employer’s rights and responsibilities

  • Let’s talk about labor laws!

    New York State has rules about how much you can work when you are under 18.

    These rules are to protect you and make sure that you don't take on too much while you are still in school. The rules vary depending on how old you are and whether or not you are still in school.

  • How much can I work?

    How much can I work when I am 14 or 15 years old?

    No more than:

    • 3 hours on a school day and 8 hours on the weekend during the school year between the hours of 7 AM and 7 PM
    • 8 hours a day or 40 hours a week during summer vacation between the hours or 7 AM and 9 PM
    • 6 days per week

    The case manager is the key to all of the services offered by this project. Your case manager will help you get started on your career search. You will start with a meeting with your PROMISE team to think about the best way for you to try some jobs. They will help you to think about what your options might be and find someone to help you.

  • Can I work more now that I’m 16?

    How much can I work when I am over 16 years old?

    You cannot work more than:

    • 4 hours Monday through Thursday between the hours of 6 AM and 10 PM during the school year.
    • 8 hours on Friday, Saturday, Sunday or Holidays during the school year.
    • 28 hours over 6 days during the school year.
    • 8 hours a day or 48 hours a week during summer vacation between the hours of 6 AM and Midnight. This is also the most you can do if you quit school.

  • What jobs can I do?

    There are some jobs you have to avoid

    There are several types of jobs you are not allowed to do when you are under 18 in New York State. These jobs are considered too dangerous unless the jobs are in approved on-the-job training programs Here are some of these types of jobs:

    • Dangerous construction jobs, like roofing or wrecking
    • Operating machinery (like saws, metal forming tools, or bakery ovens)
    • Jobs that use dangerous chemicals
    • Work in prisons interacting with prisoners or inmates.

    If you have any questions about these jobs, talk to your PROMISE case manager o PROMISE provider. The State DOL website has more information. To find out more, go to www.labor.state.ny.us/workerprotection/laborstandards/labor_standards.shtm.

  • How much money will I earn?

    How much do you need to get paid? 

    Your employer must pay you at least minimum wage. To find out what the minimum wage is in NY State go to www.labor.ny.gov/workerprotection/laborstandards/workprot/minwage.shtm

    Does everyone get minimum wage?

    Almost. But for some jobs (like a food server in a restaurant), the employer might pay less than minimum wage because you make the rest of your wage in tips.

    What's "overtime?"

    Your employer must pay you extra if you work more than 40 hours/week. This is called "overtime." In New York State, you must be paid 1.5 times your hourly pay if you're working overtime. So if you were paid $10/hour, you must be paid $15/hour for overtime.

  • I’m going to tell my boss about my disability.

    What if I'm having trouble doing the job because of a disability?

    If you need to do something differently at work so you can do your job, tell your employer you need an accommodation. Your employer might not know this if you don't tell them. You don't have to tell your boss everything about your disability. You just need to say you really want to do a good job, but you're having trouble doing the job because of your disability.

    You can talk to your PROMISE team if you have questions. You can also call the ADA National Network at 800-949-4232 if you need more information about your rights and responsibilities under the ADA.

  • That doesn't seem right!

    What if I think an employer is unfair to me because of my disability? 

    It's wrong to treat somebody worse than others just because of their race, color, sex, disability, religion, or the country they came from. This is called discrimination.

  • What is discrimination?

    Employment discrimination

    Sometimes people can be discriminated against at work. Here are some examples of employment discrimination:

    • Someone who isn't hired just because they are African-American.

    • A woman who isn't paid as much as a man who does exactly the same job.

    • A man who gets fired when his boss finds out he's a Muslim.

  • Employers can't discriminate based on your disability.

    Why can’t employers discriminate?

    Because it's the law. There’s a law called the Civil Rights Act. It was passed in 1964.

  • What is safety equipment?

    This depends on the job and where you're working. It might mean knowing how to exit a building, how to use a fire extinguisher, how to lift heavy things, wearing ear plugs if there's really loud noise, wearing shoes that protect your feet, or wearing a hard hat.

    Make sure you know what the safety equipment is and how to use it. If you're not sure, ask your boss.

  • Let's see if you remember the key points!

    Quiz

    I can work as much as I want to when I’m in school?

    TRUE FALSE

    FALSE. When you are under 18, NYS has rules for how much you can work. Your PROMISE case manager can help you understand these limits.

    I can get a job as an arc welder for my first work experience when I am 16.

    TRUE FALSE

    FALSE. NYS laws say that there are some jobs that aren’t safe for people under the age of 18 unless the jobs are in approved on-the-job training programs. Under the age of 18, you can’t work in the following areas:

    • Dangerous construction jobs (like roofing or wrecking).
    • Operating machinery (like saws, metal forming tools, or bakery ovens)
    • Work in prisons interacting with prisoners or inmates.

    Under the age of 18, your employer doesn’t have to pay you minimum wage in a paid position.

    TRUE FALSE

    FALSE. While there are some work experience jobs that you may do for no money during your PROMISE experience, if you are working in a job that is paid, you have to make at least minimum wage. There is one exception, if you are a waiter or waitress, your salary is supplemented by tips so you may make less then minimum wage.

    It’s OK for employers to discriminate against people who do not look like them at work.

    TRUE FALSE

    FALSE. There are a couple of laws that prevent employers from treating people differently at work. The Americans with Disabilities Act protects people from discrimination because of a disability. The Civil Rights Act protects people from discrimination on the basis of race, color, sex, sexual orientation, religion, or the country that they came from.

  • Let's review this chapter!

    Summary

    NYS has rules for how much you can work when you are under 18.  These rules are different as you get older.  There are also some jobs you can’t do.  Your PROMISE case manager can help you understand these rules.

     

    Almost every job has to make minimum wage.  People who get tips, like waiters or waitresses, might get less than minimum wage because the rest is made up in tips. 

     

    If you need to do something differently at work, you have to ask your employer for an accommodation.  Talk through your issues with your manager or with your PROMISE case manager. 

     

    Discrimination is illegal.  Employers can’t treat people differently because of their race, color, sex, disability, religion, or the country that they come from.  If you feel you are being discriminated against, talk to your PROMISE case manager. 

     

    Make sure you know how to use safety equipment at work.  If you don’t, ask your boss!

  • Chapter complete!

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