Heather Davis

Understanding the Rights of Underage Workers: Federal and Texas Child Labor Laws

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Navigating child labor laws and the general workforce as an underage worker can be a challenging experience. It’s essential to be aware of the legal protections in place at both the federal and state levels. In this blog post, we will explore the rights of underage workers under federal law and specific protections provided by Texas state law. Underage or minor age workers have special protections under federal and Texas state child labor laws

What Uncle Sam Says – Federal Child Labor Laws and Protections for Underage Workers:

The Fair Labor Standards Act (FLSA) is the cornerstone of federal labor law in the United States. It establishes several key protections for underage workers:

  1. Age Matters: The FLSA sets the minimum age for employment at 14 years for non-agricultural jobs. However, there are exceptions for certain types of work like acting, certain types of newspaper delivery, and work for businesses owned by their parents (excluding manufacturing and mining).
  2. Watching the Clock: For those aged 14-15, work hours are limited to outside school hours, no more than 3 hours on a school day, 18 hours in a school week, 8 hours on a non-school day, and 40 hours in a non-schoole week. Also, work is not permitted during school hours. Though 16 and 17 year olds are almost always still in school while they’re working, federal protections unfortunately (and very confusingly) don’t extend to them in this area – there are no hour restrictions for 16 and 17 year olds.
  3. Stay Safe Out There: There are certain hazardous occupations that are off-limits to anyone under 18. This includes jobs like operating heavy machinery, mining, and certain types of manufacturing.

More information on FLSA protections for underage workers can be found on their YouthRules website: https://www.dol.gov/agencies/whd/youthrules

 

Texas Child Labor Laws and Protections: In addition to federal regulations, Texas law provides additional protections for underage workers:

  1. Texas’ Take on Child Labor: Texas echoes a lot of the federal rules but adds its own flair. For instance, there are extra specifics for 14 and 15-year-olds, especially about how late you can work.
    • When school is in session, they can work up to 3 hours on a school day, including Fridays; 18 hours in a school week; 8 hours on a non-school day; and 40 hours in a non-school week.
    • They are not permitted to work before 7 a.m. or after 7 p.m. on any day, except from June 1 through Labor Day, when evening hours are extended to 9 p.m.
  2. No Permit? No Problem!: Unlike some states, Texas does not require minors to obtain a work permit. However, employers must follow age verification guidelines.
  3. Break Time: Texas law does not require employers to provide breaks or meal periods to employees, including minors. However, Texas law mandates a 30-minute lunch break for employees under 18 who work shifts more than 5 consecutive hours.

More information on Texas’ Child Labor Laws can be found here: https://www.twc.texas.gov/programs/wage-and-hour/texas-child-labor-lawUnderage or minor age workers have special protections under federal and Texas state child labor laws

These regulations are designed to ensure that work does not interfere with the education and well-being of minors. It’s important for employers and young workers in Texas to be aware of these specific rules to ensure compliance and maintain a safe working environment for minors.

Understanding and adhering to these laws is crucial for the protection and well-being of underage workers. Both employers and young employees should be aware of these regulations to ensure a safe and legal work environment. It’s always a good idea to consult with a legal expert or the Department of Labor for specific questions and guidance.

If you have questions about your rights or your child’s rights, or feel yours or your child’s rights are being violated by an employer, please reach out to Carter Law Group to talk with on of our experienced and qualified children’s employment rights advocates. Fill out our questionnaire here: https://clgtrial.com/employment-intake-questionnaire/ and someone will get back to you very quickly.

Remember, knowledge is power, especially when it comes to your rights at work. Stay informed!