Texas child labor laws regulate the employment of youth in the state of Texas. These laws dictate the ages and the times as well as the types of work they may perform.
Youth who are 16 and 17 years old may work in a broad range of jobs but cannot work in those jobs that have been explicitly deemed to be too hazardous. The details of Texas child labor laws are discussed below.
Youth who are 14 and 15 years old may work in a broader range of jobs but are significantly limited in the number of hours per day and per week they may work, especially when school is in session.
Generally, children 13 years old or younger may not work in Texas, except in some limited situations.
Table Of ContentsA child for purposes of Texas child labor laws is any individual under 18 years of age. TX Code 51.002(1)
Unless otherwise exempt or excepted, Texas child labor laws prohibit employers from employing youth under the age of 14.
The following children are exempt from Texas child labor laws restrictions:
Agriculture work covered by Texas child labor laws restrictions include producing crops or livestock; cultivating and tilling soil; producing, cultivating, growing, and harvesting any agricultural or horticultural commodity; dairying; and raising livestock, bees, fur-bearing animals, or poultry. TX Code 51.003(v)
Under Texas child labor laws, employers may employ 14 and 15-year-olds for no more than:
Employers may not employ 14 and 15-year-olds during the following hours unless a hardship waiver has been granted by the Texas Workforce Commission:
Under Texas child labor laws, a child 14 years of age or older may submit an application to the Texas Workforce Commission for a certificate of age. TX Code 51.022(a) The certificate of age states the child’s date of birth and may be used by employers who rely on the certificate in good faith as a defense to a claim that they violated Texas’s child labor laws. TX Code 51.022(a); TX Code 51.032 To obtain a certificate of age, a child must submit the following:
TX Admin. Code 817.5(a) A certificate of age is effective from the date it is issued until the child turns 18. Certificates do not need to be renewed, but if a certificate is lost, a new application must be submitted. TX Admin. Code 817.5(b)
In order to obtain a hardship waiver from the work hours limitation for youth 14 and 15-year-olds under Texas child labor laws, the child must submit an application for waiver and an application for a certificate of age at the same time. The hardship application must contain the following:
TX Admin. Code 817.22(a)-(c) After an application has been submitted, the Texas Workforce Commission may grant or deny the application or may ask for additional information. It may also schedule a conference to review the merits of the application with the petitioning party, after which a decision on the application will be made. There is no established appeals process to challenge the Texas Workforce Commission’s decision to deny an application. TX Admin. Code 817.22(e)-(g) All approved waivers are valid from on year, unless granted for less time, and may be extended by the Texas Workforce Commission. TX Admin. Code 817.22(d)
Texas child labor laws prohibit employers from employing children in occupations that are hazardous and may endanger the safety, health, or well-being of the child. Hazardous occupations for 14 and 15-year-olds include all occupations designated as hazardous for 16 and 17-year-olds by the US Department of Labor in federal regulation FLSA Child Labor Laws – 16 and 17 Year Olds Texas has also adopted the federal regulation designating the occupation that may be performed by 14 and 15-year-olds, see FLSA Child Labor Laws – 14 and 15-Year-Olds. TX Admin. Code 817.21
Texas has adopted the federal regulations set forth by the US Department of Labor designating the occupations 16 and 17-year-olds may or may not perform, see FLSA Child Labor Laws – 16 and 17-Year-Olds. TX Admin. Code 817.23
Texas child labor laws have provisions specifically directed to youth working in sales solicitation occupations. For more information, visit our Texas Child Labor Laws – Sales Solicitation Occupations page.
Under Texas child labor laws, an employer may employ a child in occupations that require operating motor vehicles for commercial purposes if:
Texas child labor laws prohibit employers from employing children under the age of 18 in any sexually oriented business, as defined by TX Code 243.002. Sexually oriented businesses must maintain at their businesses records containing copies of valid proofs of identification for each employee and independent contractor working at their businesses. TX Code 51.016
Texas child labor laws have provisions specifically directed to child actors. For more information, visit our Texas Child Labor laws – Child Actors page.
Employers who violate Texas child labor laws commit a Class B misdemeanor unless they employ a child in a hazardous occupation, in which case the employer commits a Class A misdemeanor. TX Code 51.031 Employers may also be subject to administrative penalties which may be up to $10,000 per violation. Criteria used to determine the amount of the administrative penalty include:
