N.Y. Comp. Codes R. & Regs. tit. 12 § 142-3.7

Current through Register Vol. 46, No. 25, June 18, 2024

Section 142-3.7 - Required personnel records for nonprofitmaking institutions

(a) Every nonprofitmaking institution shall establish, maintain and preserve for not less than six years, records with respect to each individual permitted to work:

(1) as an apprentice;

(2) as a learner;

(3) in an executive, administrative or professional capacity;

(4) if the individual is a student;

(5) if the work performed is not under any express contract of hire and is incidental to or in return for charitable aid conferred on such individual;

(6) if the earning capacity of such individual is impaired by age, physical or mental deficiency or injury;

(7) in or for a summer camp or conference in not more than 13 calendar weeks in a calendar year; or

(8) as a staff counselor in a children's camp.

(b) These records shall contain the following data:

(1) the date of commencement of work;

(2) a statement indicating the classification under which the employee is permitted to work;

(3) the nature of work performed; and

(i) for an apprentice, a copy of the apprentice program and agreement;

(ii) for a learner, a statement as to the nature and extent of the instruction and supervision;

(iii) for a student, a statement from the school which the student attends indicating whether or not:

(a) he or she is a student and his or her course of instruction is one leading to a degree, diploma or certificate; or

(b) he or she is completing residence requirements for a degree;

(iv) for an individual permitted to work in return for charitable aid conferred, a statement as to the dates, nature and extent of the charitable aid conferred;

(v) for an individual permitted to work whose earning capacity for such work is impaired by age, physical or mental deficiency or injury:

(a) a statement as to the age;

(b) a report from a doctor or other competent authority concerning the nature and extent of the deficiency or injury;

(c) a statement as to the manner in which, and extent to which age, deficiency or injury impairs the earning capacity for the work to which such individual is assigned.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 142-3.7

Amended New York State Register December 28, 2016/Volume XXXVIII, Issue 52, eff.12/31/2016