State Regulations: New York

Date Revised: 01/20/2013

Governing Body:   New York State Department of Health | Children's Camps

New York City: Department of Health and Mental Hygiene
 
License Required:   Yes
 
License Information:  

New York City requires all camps within its boroughs to be inspected and licensed by the Office of Community Sanitation.
 
Criminal Background Checks Required:   Yes (check of the New York State DCJS Sex Offender Registry required for all employees and volunteers)
 
Criminal Background Checks Information:   Record Review Unit
New York State Division of Criminal Justice Services
4 Tower Place
Albany, NY 12203-3764
518-485-7675

NYS Sex Offender Registry Search Procedures for Children's Camps

$50 per search
 
State Allows FBI Checks:   No
 
Driving Record Checks:   Available through the New York State DMV Web site.

$10-$15
 
State Sex Offender Registry:   New York Sex Offender Registry
 
Minimum Wage:   $7.25 per hour
 
Coverage and Exemptions:   Covers all employees unless specifically exempt; Exemptions: staff counselors in children’s camps; executive, administrative, and professional employees; members of religious orders; ministers, priests, rabbis, sextons, and Christian Science readers; various other individuals working for religious or charitable institutions; public employees; volunteers, learners, or apprentices working for nonprofit religious, charitable or educational institutions; and volunteers (at least age 18) at a recreational or amusement event lasting no longer than 8 consecutive days and run by a business that operates such events, provided only one such event occurs in the same calendar year, the business informs each volunteer in writing that he/she is waiving the right to receive the minimum wage, such notice is signed and dated by the business and the volunteer and is kept on file by the business for 36 months.
 
Subminimum Wage:   Subminimum rates may be set by wage order (under special certificates for a fixed period) for: learners, apprentices, persons whose earning capacity is impaired by youth or age or physical or mental deficiency or injury; students working for a resort or camp (for not more than 17 consecutive weeks); and residential employees in a non-profit religious, charitable or educational organization, or college sorority or fraternity; youth rates apply to certain jobs under Farm Worker wage order.
 
Minimum Wage Source:   N.Y. CLS Labor §§651, 652, 655(5)(c), 673; NYCRR §§137-1.2, 137-1.4, 137-1.5, 137-3.4, 138-2.1, 141-1.3, 141-1.7, 142-2.1, 142-2.5(b), 190-2.1, 190-2.3
 
Overtime Pay Requirements:   1½ times the regular rate after 40-hour week (by wage orders), excluding janitors and certain industries exempt under the FLSA
 
Exemptions:   Those employees exempt from the minimum wage. Industry-specific exemptions apply under wage orders for the following: Hotel Industry; Restaurant Industry; Building Service Occupations; Miscellaneous Industries and Occupations; Nonprofit Institutions; and Farm Workers.
 
Meal/Rest Period Requirments:   Meal period: Mercantile and other employees-at least 30-minute lunch break between 11 a.m. and 2 p.m.; at least 30 minutes if shift of 6 hours or more which extends over noonday meal period (11 a.m. – 2 p.m.) given during that shift; or at least 45-minute meal break if starting work between 1 p.m. and 6 a.m. (and working 6 or more hours) given in the middle of the shift. Additional 20-minute meal break between 5 p.m. and 7 p.m. for shifts starting before 11 a.m. and ending after 7 p.m. Shorter meal breaks permitted with permission of Labor Commissioner, or if only one employee is on duty or performs a specific job and he/she voluntarily consents to eat on the job without relief; break may be 30-minutes if there is no hardship to the employee; in special or unusual circumstances Commission may issue a permit for a break of not less than 20 minutes.
 
Other Wages Source:   N.Y. CLS Labor §§162, 651; NYCRR §§137-1.3, 137-3.2; 138-2.2, 138-4.4; 141-3.2; 142-2.2, 142-2.14; 190-9.3
 
Additional Info:   None
 
* Federal minimum wage rate applies

 

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