Employing child is an important issue; it may attract some liability of any sort – civil or criminal -unless employers do not take precautions. There are multiple issues associated with this – hiring, removal and paying compensation to child labors. In Texas, employers are covered under the relevant laws of both state of Texas and federal laws of the union. This article is a guide related to child labor laws for employers in Texas.
Child laws are under FLSA and Texas laws
Child laws in Texas are followed under the provisions of federal FLSA as well as Texas state laws. The Fair Labor Standards Act (FLSA) mandates employers to establish child labor standards applicable to all employees – full-time and part-time – in the private sector in local, state and federal governments.
According to Texas child labor laws, children below the age of 14 years are not permitted to be employed at any time, with an exception of a child working for the parents in occupations that are not hazardous. For example: newspaper delivering.
Texas law on child labor
Under the rules of this law, children of the age group of 14-15 years are subject to the following restrictions:
- Children of this age group are not permitted to be employed beyond eight hours a day or 48 hours a week.
- A child is not permitted to work between 10:00 pm and 5:00 am on day, followed by school day.
- A child is not permitted to work between midnight and 5:00 am on day, not followed by school day.
- A child is not permitted to work between midnight and 5:00 am, during the summer vacation.
Under federal law
Rules under Federal law are more stringent. The restriction include the following.
- A child is not permitted to work more than eight hours on a non-school day; and not more than 40 hours during a non-school week.
- On a school day, a child is permitted to work not more than three hours in a day when school is in session.
- A child is permitted to work better between 0700 hours and 1900 hours, when school is in session and between 0700 hours and 2100 hours from 1st June to Labor Day.
- Children of age group 16 – 17 years may be employed in non-agricultural occupations that are not classified as hazardous under relevant rules.
- When we look for hiring minors for agricultural occupations, make sure to check with Department of Labor or consult an attorney, if needed.
Child labor laws in force in Texas are complex in terms of compliance. It is, therefore, sensible to hire professionals to ensure optimal compliance.