Texas Child Labor Law Poster

CHILD LABOR LAWS 	
Texas Workforce Commission 
Wage and Hour Department , Child Labor Enforcement 
U.S. Department of Labor  
Wage and Hour Division  	
 
 	
For further information about Texas’ child labor laws, call:  	
800-832- 9243  ( TDD 800- 735-2989 ) 	
This poster provides some guidelines to the Texas child labor 
laws, but it is not complete.  Chapter 51, Texas Labor Code, 
governs the employment of children under Texas state law.  
MINIMUM AGE FOR EMPLOYMENT IS 14; however,  state and 
federal laws provide for certain exceptions.  Please call 
TWC’s  Wage and Hour Department  concerning questions 
about labor law.  The Fair Labor Standards Act (FLSA) 
governs federal laws and guidelines pertaining to child labor.  
For information concerning federal child labor laws, consult 
your local office of the U.S. Department of Labor, Wage and 
Hour Division or call  866 -487 -9243 
The following are prohibited occupations for 14-  through 
17- year -old children:  
Prohibited occupations are the same fo r both federal and state law. The 
hazardous occupations designated by an asterisk (*) have provisions 
for employment of persons below the age of eighteen (18), provided 
applicable apprentice or student -learner certification has been obtained. 
Persons desir ing specific information about these exceptions should 
contact the nearest office of the United States Department of Labor.  
Occupations declared particularly hazardous or detrimental to the 
health or well -being of all children 14 through 17 years of age in clude 
occupations:  
(1)   in or about plants or establishments other than retail 
establishments which manufacture or store explosives or articles 
containing explosive components other than retail establishments,   
(2)  involving the driving of motor vehicles and outside helpers  
A. on any public road or highway,  
B. in or about any place where logging or sawmill operations 
are in progress, or  
C. in excavations.  
  (Under certain conditions, driving a motor vehicle for a 
commercial purpose is NOT considered a hazardous occupation 
under  state or federal law , 
(3)  connected with coal mining,  
(4)  in logging and sawmill occupations and occupations involving 
firefighting and timber tracts,  
(5)  *in operating or assisting to operate power -driven woodworking 
machines,  
(6)  involving exposure to radioactive substances and to ionizing 
radiations,  
(7)  in operating or assist to operate power -driven hoisting apparatus 
such as elevators, cranes, derricks, hoists, high -lift trucks,   
(8)  * in operating or assisting to operate power -driven metal forming,  
punching, and shearing machines,  
(9)  in connection with mining, other than coal,  
(10)   *  in operating or assisting to operate power -driven meat 
processing machines, and occupations including slaughtering, meat 
packing, processing, or rendering,  
(11)   in operating or assisting to operate power -driven bakery 
machines.  
(12)   *  involved in the operatio n of power-driven paper -products 
machines, balers and compactors,  
(13)   in manufacturing brick, tile, and kindred products,  
(14)  * in operating or assisting to operate power -driven circular 
saws, bandsaws and guillotine shears, abrasive cutting discs, 
reciprocating  saws, chain saws and wood -chippers,  
(15)   in wrecking, demolition, and ship- breaking operations,  
(16)  *  in roofing operations and on or about a roof, and  
(17)  *  in connection with excavation operations.  
 
Additional prohibited occupations that apply under state 
law: 
(1)  Occupations involved in sales and solicitation by a child under 18 
years of age. Consult 51.0145 Texas Labor Code for exceptions and 
requirements.  
(2) 	Occupations in sexually oriented businesses by a child under 21 
years of age.	
 	
Additional prohibited occupati ons that apply only to 14- 
and 15 -year -old children:  
Occupations declared particularly hazardous or detrimental to the 
health or well-being of 14-  and 15- year-old children include:  
(1)  mining, manufacturing, or processing occupations, including duties 
in workr ooms or places where goods are manufactured, mined, or 
otherwise processed,  
(2)  operating or assisting in operating power -driven machinery or   
hoisting apparatus other than typical office machines,  
(3)  work as a ride attendant or ride operator at an amusement park  or 
a “dispatcher” at the top of elevated water slides,  
(4)  driving a motor vehicle or helping a driver,  
(5)  occupations involved in transporting persons or property by rail, 
highway, air, water, pipeline, or other means,  
(6)  youth peddling, sign waving, or door -to -d oor sales,  
(7)  poultry catching or cooping,  
(8)  lifeguarding at a natural environment such as a lake, river, ocean 
beach, quarry, pond (youth must be at least 15 years of age and 
properly certified to be a lifeguard at a traditional swimming pool or 
water amusemen t park), 
(9)  public messenger jobs,  
(10)  communications and public utilities jobs,  
(11)  construction including demolition and repair, work performed in or 
about boiler or engine rooms or in connection with the maintenance 
or repair of the establishment, machines, or  equ ipment,  
(12)  outside window washing that involves working from window sills, 
and all work requiring the use of ladders, scaffolds or their 
substitutes,  
(13)  cooking, except with gas or electric grills that do not involve 
cooking over an open flame and with deep fat fryers that utilize 
devices that automatically lower and raise the baskets from the hot 
grease or oil,  
(14)  baking and all activities involved in baking,  
(15)  occupations which involve operating, setting up, adjusting, 
cleaning, oiling, or repairing power -driven foo d slicers and grinders, 
food  choppers and cutters, and bakery -type mixers,  
(16) freezers or meat coolers work, except minors may occasionally 
enter a  freezer for a short period of time to retrieve items,  
(17)  meat processing and work in areas where meat is processed,  
(18)  loading and unloading goods to and from trucks, railroad cars or 
conveyors, and  
(19)  all occupations in warehouses and storage except office and 
clerical work.   
Work times for 14-  and 15-year-old children:  
State Law —  A person commits an offense if that person permits a 
child 14 or 15 years of age who is employed by that person to work:  
(1)  more than 8 hours in one day or more than 48 hours in one week,  
(2)  between the hours of 10 p.m. and 5 a.m. on a day that is followed 
by a school day or betwee n the hours of midnight and 5 a.m. on a 
day that is not followed  by a school day if the child is enrolled in 
school, or  
(3)  between the hours of midnight and 5 a.m. on any day during the 
time school is recessed for the summer if the child is not enrolled in 
summer school.  
 
Federal Law —  The FLSA further regulates hours of employment. 14 
and 15 year old children may not work:  
(1)  during school hours,  
(2)  more than eight hours on a non- school day or 40 hours during a 
non -school week,  
(3)  more than three hours on a school day  or 18 hours during a school 
week, and  
(4)  between 7 p.m. and 7 a.m. during the school year, or between 9 
p.m. and 7 a.m. from June 1 and Labor Day.  
Child Actors - state law  
Child actor definition  -  a child under the age of 14 who is to be 
employed as an actor or other performer  
Child actor extra definition  –  a child under the age of 14 who is 
employed as an extra without any speaking, singing, or dancing roles, 
usually in the background of the performance  
 
Every person applying for child actor authorization must submit an 
application for authorization on a form provided by the Texas Workforce 
Commission.    
 
Special authorization for child actors to be employed as extras is 
granted without the need for filin g an application if the employer meets 
the Texas Workforce Commission’s requirements.  Contact 1 -800 -832-
9243 for instruction.   
 	
PENALTIES: 
State of Texas  —  An offense under Chapter 51, Texas Labor Code, is a Class B misdemeanor, except for the offense of employing a child 
under 14 to sell or solicit, which is a Class A misdemeanor. If the Commission determines that a person who employs a child h as 
violated this Act,  or a rule adopted under this Act, the Commission may  assess an administrative penalty against that person in an 
amount not to exceed $10,000 for each violation. The attorney general may seek injunctive relief in district court against an  employer 
who repeatedly violates the requirements established by this Act relating to the employment of children.  
Federal  — The FLSA prescribes a maximum administrative penalty of $11,000 per violation and/or criminal prosecution and fines.  
 	 	101 E. 15th Street • Austin, Texas 78778-0001 • (512) 463 -2222  
Relay Texas:  800-735 -2989 (TDD) 800- 735-2988 (Voice)  
www.texasworkforce.org  
Equal Opportunity Employer / Services  	
WHCL-70 ( 0922)