Child Labor Law Texas
Child LaborIn order to protect the
health and well-being of children, the Texas Child Labor Law restricts the
hours a child may work and the type of job he or she may hold. It also provides that employers may not
employ any child under the age of 14.
There are job categories which are exempt from this age restriction of
the law. They include the
following:
*Children who perform in a
motion picture, theatre, radio or television production. Even with this
exception, Texas law enforces conditions on the child’s employment: the manner of the child’s schooling;
the hours he or she can work; the conditions of the work setting; and the
required parental supervision on the set.
In addition, the child must obtain authorization from the Texas
Workforce Commission.
*Children who are employed in
a nonhazardous occupation in a family business owned by the parent and under
the supervision of the parent.
*Children who deliver
newspapers to consumers.
*Children who participate in
a school-sponsored and school-administered work study program which is approved
by the Texas Workforce Commission.
*Children who are employed in
agriculture during periods of time when they are not legally required to attend
school.
*Children who are employed in
a juvenile rehabilitation program which is supervised by a county judge.
*Children who are engaged in
a casual employment to which the parent has consented.
A child under the age of 14
may be exempt from the hours restriction for one year
if he or she can prove a hardship with the Texas Workforce Commission.
In regard to minors aged
fourteen to fifteen, they are prohibited from working more than an 8-hour day
or a 48-hour week; from working between ten p.m. and five a.m. on days
preceding a school day; and during summer vacation from working between
midnight and five a.m.
In regard to minors aged
fourteen to seventeen, they may apply to the Texas Workforce Commission for a
“certificate of age” to verify their age to employers.
Minors aged fourteen or older
are restricted from occupations declared hazardous by the Texas Workforce
Commission or by other commissions or federal government agencies. The
Department of Labor designates these conditions as particularly hazardous: the manufacturing or storing of
explosives, the use of a motor-vehicle; working within mine, logging or sawmill
settings; the use of power-driven woodworking machines; exposure to radioactive
substances; the operation of
machines in meat-processing, bakery, and paper products; the manufacture of brick and kindred products;
the operation of circular or band
saws; the operations of wrecking, demolition, roofing or excavation.
For minors under the age of
fourteen, it is hazardous to sell items or services or solicit donations for
any person other than an “exempt”organization or for a business owned and operated
by the parent. An “exempt”
organization refers to a charitable organization or a club engaged in
fund-raising for that entity if it is sponsored by a public or private
school.
An employer may not hire an
individual under the age of 18 to sell, prepare, serve, or handle liquor or to assist
in the aforementioned. In
addition, an employer is in violation of the law if he or she employs a minor
under the age of seventeen to engage in work that requires the minor to work
nude or topless.
PRACTICE AREAS:
LANDMARK CASES:
All Offices Are By Appointment Only
Houston:
4615 Southwest Freeway
Suite 700
Houston, Texas 77027
Tel: (713) 893-0022
Dallas
5956 Sherry Lane
Suite 1000
Dallas, TX 75225
(214) 306-6475
Austin
8000 Centre Park
Suite 330
Austin, TX 78754
(512) 879-4175
San Antonio
1100 NW Loop 410
Suite 700
San Antonio, TX 78213
(210) 787-4410
