Child Labor Laws in Texas: Youth Employment Rules

The Fair Labor Standards Act (FLSA), codified at 29 U.S.C. § 203-212, is the primary federal child labor law applicable nationwide, including Texas. The FLSA prohibits oppressive child labor and establishes age-based work restrictions for all employers covered by the Act, which includes any employer engaged in commerce or in the production of goods for commerce with annual gross volume of sales or business of at least $500,000 (some industries have lower thresholds).

Under the FLSA, children under 14 are generally prohibited from working in any non-agricultural employment except newspaper delivery, acting, or work in a parent-owned business where no other minors are employed. Children ages 14 and 15 may work in retail, food service, and office jobs, but are subject to strict hour limitations: no more than 3 hours on school days, 8 hours on non-school days, 40 hours per week during school weeks, and 8 weeks per year during summer (no more than 8 hours per day or 40 hours per week).

Children 16 and older can work unlimited hours in non-hazardous occupations. However, the FLSA establishes a list of hazardous occupations (mining, logging, roofing, operation of power-driven machinery, etc.) that prohibit employment of minors under 18. Enforcement is handled by the U.S. Department of Labor's Wage and Hour Division. Civil penalties range from $10,000 to $50,000 per violation, with criminal penalties of up to $10,000 fine and six months imprisonment for willful violations.

Texas has no child labor law that is stricter or more protective than the federal Fair Labor Standards Act. Instead, Texas defers entirely to federal FLSA standards for minors employed in private sector jobs. This means that Texas employers must comply with all FLSA age, hour, and hazardous occupation restrictions, but Texas does not impose additional state-level requirements.

However, Texas Education Code § 25.086 permits school districts to establish work permit systems for high school students. Under this provision, a school district may require students to obtain a work permit as a condition of employment during the school year. The work permit is issued by the school and documents the student's enrollment status and grade level. This is a procedural requirement separate from labor law restrictions; it does not modify when or how long minors may work but allows schools to track and monitor student employment.

Texas also enforces the federal FLSA through the Texas Workforce Commission and the U.S. Department of Labor's Wage and Hour Division. Employers operating in Texas must comply with all federal prohibitions on child labor, including restrictions on hours of work for 14-15 year-olds, prohibited hazardous occupations for minors under 18, and minimum wage requirements (Texas follows the federal minimum wage of $7.25 per hour). There are no Texas-specific exemptions or carve-outs for particular industries or employer types—agricultural employers in Texas must also comply with FLSA rules, though the FLSA itself provides limited exemptions for agricultural work performed by minors on family farms.

Remedies for violations include back wages, liquidated damages (equal to the unpaid wages), and civil penalties imposed by the Department of Labor. Texas does not provide for separate state-law civil actions for child labor violations, so enforcement is entirely federal.

Children under 14: prohibited from working in non-agricultural employment (except newspaper delivery, acting, or family business).

14-15 year-olds during school year: maximum 3 hours per day on school days; maximum 8 hours on non-school days; maximum 40 hours per week.

14-15 year-olds during summer: maximum 8 hours per day; maximum 40 hours per week; maximum 8 weeks per year.

16-17 year-olds: no federal hour restrictions, but cannot work in hazardous occupations.

Minors under 18: prohibited from 17 listed hazardous occupations (mining, roofing, logging, power-driven machinery operation, etc.).

Federal minimum wage in Texas: $7.25 per hour (applies to all minors).

Civil penalties: $10,000 to $50,000 per violation; criminal penalties: up to $10,000 fine and 6 months imprisonment for willful violations.

Work permit requirement: varies by school district; some Texas districts require work permits for student employment, issued under Texas Education Code § 25.086.

The FLSA includes several exceptions to child labor restrictions that apply in Texas. First, minors under 14 may work in agriculture, including family farms, without the same restrictions as non-agricultural work, though they still cannot work in hazardous agricultural jobs (such as using pesticides or certain machinery). Second, children may work in newspaper delivery without age restrictions or hour limitations. Third, children employed in motion picture, theatrical, or radio production may work outside normal hour restrictions under special provisions. Fourth, children may work in their parent's business so long as the parent owns the business outright and no other minors are employed; this exception is broad and includes many types of work.

Employers operating retail, food service, or office jobs have an affirmative defense if they relied on an apparently valid work permit, age certificate, or other official documentation showing the minor's age, even if that document was fraudulent. However, the employer must have had no reasonable cause to believe the document was false.

At-will employment principles in Texas mean that even compliant employment of minors can be terminated without cause, provided the termination does not violate a specific statute (such as retaliation for refusing to work illegally long hours). However, minors have the same at-will status as adults in Texas unless a specific labor law protection applies.

The hazardous occupation restrictions do not apply to minors working in agriculture on family farms for agricultural purposes, though they do apply to agricultural jobs in other contexts (such as agricultural processing). Additionally, hazardous occupation rules do not apply to work performed by minors under direct parental supervision, except for certain high-risk activities like roofing or mining. Finally, vocational and apprenticeship programs may have special exemptions under federal regulations, allowing minors to perform certain tasks that would otherwise be prohibited, provided the work is part of a registered program and subject to specific safety requirements.

Step 1 — Document the violation. If you are a minor (or parent/guardian on your behalf), keep detailed records of work performed, including dates, times, and tasks completed. Take photographs or screenshots of schedule postings, text messages, email confirmations, or payroll records showing hours worked. Write down the names and dates of conversations with your manager about your work schedule. Record any explicit statements from your employer about why they assigned you certain hours or jobs. Save all pay stubs, which should show gross hours worked and minimum wage compliance. If hazardous work was assigned, document what the work was, when it occurred, and any injuries or safety incidents. This evidence will be critical if a claim is filed.

Step 2 — Attempt an internal complaint if safe and feasible. Speak with your direct supervisor or manager and express your concern that your work schedule or job duties may violate child labor laws. Provide specific facts: "I worked 5 hours on Tuesday and 6 hours on Wednesday during the school week, which exceeds the 3-hour limit." Or: "I was assigned to operate a table saw, which is a prohibited hazardous occupation for minors under 18." Request that the schedule or job duties be changed to comply with federal law. Document this conversation in writing (email follow-up) if possible: "Per our conversation today, I raised concerns about my work hours. Please confirm you will adjust my schedule." Keep a copy. If the employer corrects the violation at this stage, the matter may be resolved without further action.

Step 3 — File a complaint with the U.S. Department of Labor's Wage and Hour Division. This is the primary enforcement agency for child labor violations in Texas. Visit www.dol.gov/agencies/whd/contact or call 1-866-4-USDOL (1-866-487-3652) to locate the nearest regional office. You can also file online at www.dol.gov/wecanhelp. When filing, provide: your name, age, employer's name and address, dates and hours worked in violation of law, description of hazardous work (if applicable), and copies of any documentation (pay stubs, schedule screenshots, text messages). There is no filing deadline for child labor complaints, though the sooner you file the better. The DOL accepts complaints from minors, parents, guardians, coworkers, or anyone with knowledge of the violation.

Step 4 — Expect a DOL investigation within 1-3 months. A Wage and Hour investigator will contact the employer and request payroll records, schedules, and information about child employees' work. The investigator will also attempt to interview you and potentially other minor employees. The investigation typically takes 2-6 months. During this time, you should expect that the employer may become aware of your complaint (though the DOL keeps complainant identity confidential to the extent possible). The investigation will focus on whether the employer violated FLSA age, hour, or hazardous occupation rules. If violations are found, the DOL will seek back wages, liquidated damages (equal to back wages), and civil penalties. The employer is not required to admit wrongdoing or offer a settlement; the DOL determines enforcement.

Step 5 — Consult an employment attorney if the violation resulted in lost wages, injury, or if retaliation occurs. Contact a Texas employment lawyer who handles wage-and-hour or child labor cases. Most offer free initial consultations. An attorney can: (1) advise whether you have grounds for a private civil action (though federal child labor law does not provide a private right of action, certain state tort or contract claims may apply); (2) represent you in DOL settlement discussions; (3) advise on retaliation risks and protections; (4) help document damages if injury occurred. Search the State Bar of Texas lawyer referral service at www.texasbar.com or contact the American Association for Justice.