Library cards for minors

Question

I’m assuming the age requirement for youth cards varies widely even among NYS libraries, but what are the key determining legal factors which inform how libraries settle on an age range for this policy? I can think of three factors, and libraries likely conflate all of them together.

Answer

When advising on a policy or set of terms for a library or library system to adopt for children’s library cards, I ask for the following information:

Use of library space for private clubs

Question

The board of trustees of a public school district library owns the library building. A private club occupies the entire second floor. The private club has traditionally not paid any rent or utilities, nor has it contributed to the upkeep of the building in any way.

Answer

What an interesting set-up! If I started a private club,[1] I would totally want it over a library. Or a museum. Either way, very cool.

Checking Materials Out to Children Without Parent's Permission

Question

Our library is trying to set some parameters around what we require from a patron in order to check out library materials to them. For adults and teens, this is straightforward: we require they have their library card or a form of identification.

Answer

First, I'll answer the easy question: No, you are not overthinking this.

For children fortunate enough to be brought to the public library at a young age, the experience is life-altering. They grow as readers and thinkers. They see themselves as part of a community that shares resources. They start to absorb the values of privacy and information access.

Publishing a library's budget

Question

Could you please provide the effective date of 8 CRR-NY 90.2?

Are all public libraries required to publish their budgets online on their websites?

Answer

For readers that don’t see Education Department regulations as subtitles to the movie of your life,[1] these questions pertain to the state regulations governing public libraries, which have changed significantly in recent years.

For context, here is the full legal citation hierarchy we are in:

Hiring Interviews and Accommodations

Question

If a prospective employer specifically asks about a candidate’s physical capacity to do a job and they say they can do all of the tasks required, and then notify us afterwards that they need accommodations for things they said they could do without them, are we:

a) by law required to provide them 

OR

Answer

A minefield, indeed.[1]

The first issue in this question is the premise: “If a prospective employer specifically asks about a candidate’s physical capacity to do a job and they say they can do all of the tasks required…”

Compensation Strategy for Public Libraries

Question

I read the response to the question of whether certain types of libraries must abide by the minimum wage in New York (https://wnylrc.org/raq/minimum-wage-public-library-employees).

Answer

Before I answer, let’s confirm: sometimes, base pay (hourly wage or salary) is the only compensation an employee gets, while sometimes, compensation is base pay plus a robust combination of benefits.

Library Line of Credit

Question

A school district public library would like to open up a line of credit so it can get a credit card. Is there a legal reason why this type of library - or, for that matter, any public library (association, school district, municipal, or Indian/Tribal) can only get a debit card and not a credit card? It is understood that best practice would involve a strong policy regarding its use.

Answer

A line of credit and a credit card are like a paint roller and a paint brush—they might perform the same basic function, but they work differently.

A line of credit or “revolving credit” gives a person or entity the ability to borrow money, without the borrowed money being tied to a particular purchase.

Minimum Wage for Public Library Employees

Question

We have 12 employees of the Library. 3 are salaried the rest are minimum wage. Are Library employees subject to NYS DOL Minimum Wage Law as well as the Wage Orders for salaried employees? We are unsure where we would fall. Our funding comes from taxes/aid/grants. We are looking for an answer as soon as you are able as we are preparing our budget for next year.

Answer

First things first: as private entities (much like private colleges or historical societies) association public libraries in New York are without question subject to both state and federal laws governing minimum wage and overtime, as well as other worker protections that apply to private entities.

Insurance for Friends of the Library Groups

Question

Is it required or advised that the Friends group (ours is a separate non-profit) have their own insurance? Monetary restrictions have resulted in our FOL group dropping their annual insurance as they understood it was not "required."

Answer

There is a large array of insurance coverage a not-for-profit organization might be required to have, and another, equally large array of coverage this is "optional" but may be advised as wise.

Most of the "required" coverages are due to having employees.

Hiring Social Workers in Public Libraries

Question

What would it look like if a Public Library hired a part-time social worker to help patrons deal with some of their everyday life issues that may come up while visiting the library? I see the potential benefits but can imagine a lot of complications.

Answer

The New York State Education Department’s Office of the Professions, which oversees the licensure of social workers, describes social work this way:[1]