Work Permit Requirements for Minors in Texas

The Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 et seq., is the primary federal law governing child labor in the United States. The FLSA sets the minimum age for employment at 14 years old (with limited exceptions for agricultural and entertainment work). For minors ages 14–15, the law restricts work hours to a maximum of 3 hours per school day, 18 hours per school week, 8 hours per non-school day, and 40 hours per non-school week. Work is prohibited between 7 p.m. and 7 a.m. on nights preceding school days.

For minors ages 16–17, federal law imposes no hour restrictions but prohibits employment in hazardous occupations including mining, logging, roofing, operation of certain power-driven machinery, and work in slaughterhouses. The U.S. Department of Labor (DOL) maintains the Hazardous Occupations Order (HO), which lists 17 job categories barred to minors under 18.

All minors covered by the FLSA must be paid at least the federal minimum wage of $7.25 per hour. Youth minimum wage exceptions exist only for the first 90 consecutive calendar days of employment for minors under 20 ($4.25 per hour), and for full-time high school students working 20 hours or fewer per week in retail or food service ($10.87 per hour or 85% of the minimum wage, whichever is higher). The DOL Wage and Hour Division enforces the FLSA and investigates wage and hour violations. No federal work permit system exists; instead, the law relies on employer compliance and DOL enforcement.

Texas has no state-specific work permit requirement for minors. Texas Labor Code § 51.001 et seq. addresses labor standards, but Texas defers to federal Fair Labor Standards Act (FLSA) law for child labor regulation. Unlike some states (California, New York, Illinois), Texas does not require employers to obtain or display permits for minors, nor do minors need to carry work permits. Texas employers are obligated to follow federal FLSA rules, including hour restrictions for minors 14–15, hazardous job bans for minors under 18, and federal minimum wage enforcement.

Texas does not strengthen the federal baseline in any material way. The state's labor law (Texas Labor Code Chapter 51) incorporates federal standards rather than imposing additional restrictions on youth employment. For example, Texas does not lower the minimum work age below 14, does not restrict work hours for minors 16–17 beyond federal hazardous occupation bans, and does not establish a separate state minimum wage for minors (federal $7.25 applies).

Both federal and state law in Texas apply to employers with one or more employees. Texas courts and the state labor commissioner defer wage and hour disputes involving minors to the federal FLSA framework. Notably, Texas does not require parental consent forms, employment certificates, or state-issued permits. School districts do not issue work permits in Texas as they do in some states. This creates lighter administrative burden on employers but does not reduce substantive protections; minors in Texas are protected by the same federal FLSA standards as minors in states with formal permit systems.

The Texas Workforce Commission (TWC) has authority over state labor matters but does not administer a youth work permit program. Enforcement of child labor standards in Texas is handled primarily by the U.S. Department of Labor Wage and Hour Division, making Texas a federal-enforcement jurisdiction for FLSA violations involving minors.

Texas employers are exempt from a state work permit requirement because no such system exists in Texas law. However, important exceptions and limitations apply under federal FLSA law. First, minors under 14 may work in certain contexts: agricultural work (no age minimum during non-school hours or for a parent's farm), newspaper delivery, and theatrical or entertainment production (with Department of Labor or state-equivalent approval).

Second, school-based work-study programs and on-campus student employment may have different rules; students in authorized school programs may work during school hours if the work is part of the curriculum. Third, minors employed by parents in non-hazardous family businesses (excluding mining, manufacturing, or hazardous occupations) have more flexibility.

Fourth, certain states allow minors to obtain work permits or certificates to exempt them from hour restrictions for specific educational or career pathways, but Texas does not have this option. Minors in Texas cannot obtain a state-issued document that would allow a 14-year-old to work longer hours.

Fifth, hazardous occupation exemptions are narrow: minors 16–17 can work in occupations on the HO list only if DOL or equivalent state body grants specific approval (rare). Minors under 16 cannot work in any hazardous occupation.

Sixth, independent contractor status does not exempt minors from FLSA rules. A minor classified as an independent contractor or freelancer still must comply with federal hour and wage requirements. Finally, federal law preempts any Texas employer policy that conflicts with FLSA protections; employers cannot contract around FLSA minimums or hour limits for minors.

Step 1 — Document the Violation. Keep a detailed record of all work hours (dates, times, total hours per day and week), pay stubs, and written communications with the employer (text, email, or written notes about conversations). If your employer prohibited you from taking breaks or required off-clock work, document the dates and times. Take screenshots of scheduling apps, timecards, or work assignments that show hours worked. If you are 14–15 and worked past 7 p.m. on a school night or exceeded 3 hours on a school day, note the specific dates. Save all pay stubs and wage statements; compare them to your documented hours to identify wage shortfalls.

Step 2 — Attempt Internal Resolution (Optional but Recommended). Speak with your direct supervisor or HR department in writing (email is best) outlining the violation: for example, "I worked 5 hours on Tuesday, a school day, which exceeds the 3-hour federal limit for my age. Please review my hours and adjust my schedule." Request a written response. Keep a copy of this email and any reply. If the employer corrects the violation, document the change. If the employer ignores or dismisses the complaint, proceed to Step 3. Internal complaints do not waive your right to file with the government.

Step 3 — File a Complaint with the U.S. Department of Labor. The Wage and Hour Division (WHD) of the DOL enforces FLSA child labor and minimum wage violations. Visit https://www.dol.gov/agencies/whd/contact (or call 1-866-4-USDOL, 1-866-487-8365) to locate your nearest WHD office. In Texas, regional offices cover your state. You may file online at https://www.dol.gov/agencies/whd/contact-us or call to request a paper form. Provide your name, contact information, employer name and address, dates of the alleged violations, specific hours worked on dates that violated FLSA rules (e.g., "I worked 5 hours on March 10, 2024, a Monday with school"), your job title, and evidence (pay stubs, work schedules, emails). Include the amount of wages owed if applicable. There is no filing deadline under FLSA (no statute of limitations bar), but file as soon as possible while records are available.

Step 4 — The Investigation Process. After filing, the WHD will contact the employer to investigate. You may be interviewed about your hours and pay. The WHD will request the employer's records, including timecards, payroll, and policies. The investigation typically takes 30–90 days, depending on complexity. During this time, the WHD will determine if violations occurred and calculate back wages or damages owed. If the employer violated FLSA, the WHD may assess damages (unpaid wages), penalties, and attorney fees. The employer may be ordered to correct schedules or pay practices. You will be notified of the outcome. If the WHD concludes violations occurred, you may receive back wages directly from the employer or through a settlement negotiated by WHD.

Step 5 — Consult an Employment Attorney if Needed. If your case involves substantial unpaid wages (more than a few hundred dollars), repeated or willful violations, retaliation after filing, or if the DOL investigation stalls, contact an employment lawyer. Many specialize in wage and hour cases and work on contingency (you pay no upfront fee; they collect a percentage of the recovery if you win). A lawyer can file a private lawsuit under FLSA in federal court, which allows recovery of double damages (liquidated damages) and attorney fees. Texas employment lawyers can be found through the State Bar of Texas lawyer referral service (https://www.texasbar.com/public-services/find-a-lawyer) or through the National Employment Lawyers Association (https://www.nela.org/).