Texas Child Labor Law

Child Labor Laws cover any employee under 18 years of age. Once an individual reaches age 18, they are considered an adult under child labor laws.

The Texas Child Labor Law ensures that a child is not employed in an occupation or manner that is harmful to the child's safety, health or well-being. It is illegal to employ a child under age 14 except under specific circumstances described on this page.

State law allows TWC to adopt rules regarding employing children. Our rules ensure that employment does not interfere with a child's education and does not pose a threat to the child's health, safety or general well-being.

TWC or its designee may inspect a place of business during work hours to collect information about the employment of children if there is good reason to believe a child is or has been employed within the last two years. Knowingly or intentionally hindering an investigation is illegal.

All businesses are subject to state law but only those businesses covered by the Fair Labor Standards Act (FLSA) are subject to the federal law.

To determine whether a business is covered under the FLSA, please contact your local U.S. Department of Labor, Wage and Hour Division or visit the U.S. Department of Labor’s Reference Guide to the Fair Labor Standards Act.

If in doubt, or when both Federal and State laws apply, businesses should follow the stricter guidelines.

Minimum Age

It is illegal to employ a child under age 14 except under specific circumstances described on this page.

Performer Exemption

Children under age 14 may work as actors or performers in motion pictures, or in a theatrical, radio or television production, with TWC authorization. The parent or legal custodian must submit the Application for Child Actor/Performer Authorization form  or . You may also get the application form at your Workforce Solutions office or by calling our Wage and Hour Department at 800-832-9243.

Solicitation

Soliciting is considered a hazardous occupation. It is illegal to:

• Employ anyone under age 14 and unaccompanied by a parent to sell or solicit goods or services for any person other than an exempt organization or a business owned or operated by a parent or legal custodian.
  
  Exempt organizations include charitable organizations; an organization regulated under Title 15, Election Code; or a club, organization, or other group engaged in a fund-raising activity for the club, organization, or group if the activity is sponsored by a public or private primary or secondary school.
   
• Employ a child to sell or solicit goods or services for any person other than an exempt organization unless permission is granted by a parent or legal custodian on our Parental Consent form or at least seven days before employment begins.

Driving

Under state law, but not federal law, a person may employ a child to operate a motor vehicle for a commercial purpose if the child:

• Performs the job under the direct supervision of the child's parent or legal custodian and for a business owned or operated by the child's parent or legal custodian
• Has a valid driver license
• Does not need a commercial license to perform the job
• Operates a vehicle with no more than two axles and not in excess of 15,000 pounds gross vehicle weight

Sexually Oriented Business

State law prohibits employment of a child in a sexually oriented business, requires a sexually oriented business to maintain certain photographic identification records, and provides for a criminal penalty.

Sales & Service of Alcohol

The provisions for selling or serving alcohol are not regulated by the Texas child labor laws. For those requirements, please consult the Texas Alcoholic Beverages Commission.

A child who is age 14 or 15 may be employed in the following occupations in retail, food service, and gasoline service establishments:

• Office and clerical work (including operation of office machines)
• Cashiering, selling, modeling, art work, work in advertising departments, window trimming and comparative shopping
• Price marking and tagging by hand or by machine; assembling orders, packing and shelving
• Bagging and carrying out customers' orders
• Errand and delivery work by foot, bicycle and public transportation
• Cleanup work, including the use of vacuum cleaners and floor waxers, and maintenance of grounds, but not including the use of power-driven mowers or cutters
• Kitchen work and other work involved in preparing and serving food and beverages, including the operation of machines and devices used in the performance of such work such as, but not limited to, dishwashers, toasters, dumbwaiters, popcorn poppers, milk shake blenders and coffee grinders
• Work in connection with cars and trucks if confined to the following:
  • Dispensing gasoline and oil
  • Courtesy service on premises of gasoline service station
  • Car cleaning, washing and polishing
  • Other occupations permitted by this section
  But not including work:
  • Involving the use of pits, racks or lifting apparatus or involving the inflation of any tire mounted on a rim equipped with a removable retaining ring
• Cleaning vegetables and fruits, and wrapping, sealing, labeling, weighing, pricing and stocking goods when performed in areas physically separate from areas where meat is prepared for sale and outside freezers or meat coolers

A child who is age 16 or 17 may not be employed in the occupations listed below, except that those occupations shown with an asterisk (*) may have apprentice or student-learner exemptions for employment:

• In or about plants or establishments manufacturing or storing explosives
• Involving the driving of motor vehicles and outside helpers (for example, someone riding on the outside of the vehicle to pick up trash bins):
  • On any public road or highway
  • In or about any place where logging or sawmill operations are in progress
  • In excavations
  Under certain conditions, driving a motor vehicle for a commercial purpose is not considered a hazardous occupation under state or federal law.
• Connected with coal mining
• In connection with mining, other than coal
• Involving logging operations and sawmill operations, forest fire fighting and forest fire prevention operations and timber tract and forestry service occupations
• *Operating or assisting to operate power-driven woodworking machines
• Involving exposure to radioactive substances and to ionizing radiations
• Operating or assisting to operate power-driven hoisting apparatus such as elevators, cranes, derricks, hoists and high-lift trucks
• *Operating or assisting to operate power-driven metal forming, punching, and shearing machines
• *Operating or assisting to operate power-driven meat processing machines and in slaughtering, meat and poultry packing, processing, or rendering.
• Operating or assisting to operate power-driven bakery machines
• *Involving the operating of power-driven paper-products machines, balers and compactors (Under certain conditions, loading a baler or box compactor is not considered a hazardous occupation under state or federal law.)
• Manufacturing brick, tile and kindred products
• *Operating or assisting to operate power-driven circular saws, band saws and guillotine shears, abrasive cutting discs, reciprocating saws, chain saws, and woodchippers.
• Wrecking, demolition and ship-breaking operations
• *Roofing operations and work on or about a roof
• *Connected with excavation operations

Apprentice and Student Learner Exemptions

For the prohibited occupations listed above with an asterisk (*), a child who is age 16 or 17 may be employed as an apprentice or student learner.

• Apprentice:
  • Employed in a recognized apprenticeable trade
  • Work is incidental to training
  • Work is intermittent, short, under close journeyman supervision and registered or under a written agreement about work standards
• Student-learner:
  • Enrolled in an authorized cooperative vocational training program with a written agreement
  • Work is incidental to training
  • Work is intermittent, short, and under close supervision
  • Safety instructions are given by school and employer
  • A schedule of organized and progressive work is prepared

Violation of child labor law is a Class B misdemeanor with the exception that employing a child to sell or solicit is a Class A misdemeanor. If a person employs a child who does not meet the minimum age requirement for a type of employment but did so in good faith relying on an apparently valid Certificate of Age form  or , then that may be a defense against prosecution.

If an employer violates child labor law, in addition to criminal penalties TWC may assess an administrative penalty against the employer up to $10,000 per violation.

The Attorney General may seek injunctive relief in district court against an employer who repeatedly violates child labor law requirements.