New York Codes, Rules and Regulations
Subchapter E - Employment Of Minors
Part 186 - Child Performers
Subpart 186-8 - Variances
Section 186-8.1 - Variances

Current through Register Vol. 45, No. 13, March 29, 2023

(a) Where the employer would incur significant hardship in complying with one or more provisions of this Part he or she may apply to the department for a variance from such provisions.

(b) The request for a variance shall be in writing and shall spell out the specific reasons for the variance requested, the period of time the variance will be in effect, the performers affected by the variance, and any additional or alternative provisions the employer will make to protect the child performers in conformity with this Part.

(1) A request for variance shall be received in the permits and certificates unit of the Division of Labor Standards of the New York State Department of Labor at the address or fax specified in section 186-4.3(f) of this Part no later than two business days before the requested modifications shall take effect. A request for expedited variance, received less than two business days before the requested modifications are to take effect, will be considered immediately by the department to the greatest extent feasible.

(2) If the commissioner approves, the department shall issue a written notice to the employer of such approval. Such notice shall be kept at the place of employment and made available to representatives of the department upon request.

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