Employers in New York must keep records verifying the age of every youthful employee, according to an amendment to the state's labor laws. According to a press release issued by Littler Mendelson, the law, which legislators enacted Dec. 15, 2005, requires employers to maintain proof of age for all employees claiming to be between 18 and 25 years old.

According to the bill's sponsors, the law's purpose is to, “deter violations of the child labor law,” especially in the garment industry. However, the law does apply to all employers regardless of industry.

To comply, employers must keep one of three forms of identification on file: a driver's license, a certificate of age issued by an employment-certification official or other government-issued documentation. A first offense for failure to maintain proper documents could slap an employer with a $500 fine and/or imprisonment for up to 60 days. Repeated violations could result in fines of up to $5,000 and/or a year in prison.

The new law leaves two issues unresolved. First, requesting an employee's proof of age could run afoul of New York's prohibition on unlawful pre-employment inquiries. According to a statement by Michael Pappas, a shareholder in Littler Mendelson's New York office, in order to comply with all laws, employers should not request documentation until after an offer of employment has been extended.

In addition, the law does not explicitly state if it has retroactive implications, leaving employers unsure of whether they must collect age information on current employees who fall between the ages of 18 and 25.