Child Labor: Youth Minimum Wage

Yes. 

• Sub-minimum wage of $4.25/hour is permissible during the first 90 days in a job. 

• Children who are tipped employees may be paid the same as other tipped employees. 

• Other sub-minimum wages (generally, 85% of the current minimum wage) may be permissible under special certificates issued by DOL for certain student employees and apprentices. 

Texas adopts the federal minimum wage rate. Effective July 24, 2009, the federal minimum wage is $7.25 per hour. 

Normal payroll tax laws apply to children, just as they do to workers over 18.

It is illegal for children under age 14 to work, except under specific circumstances: 

• Aside from certain occupations in agriculture, and the entertainment industry (child actors), children younger than 14 may not be employed by companies. 

• Children younger than 14 may be employed directly by their parents (sole proprietors, the only partners of a partnership, or the sole owners of a corporate business) in any occupation other than manufacturing, mining, or one included on the U.S. Department of Labor's list of hazardous duty occupations.

Children ages 14 and 15 may work during certain hours and times of day. 

There are hour restrictions only for children ages 14 and 15, with separate state and federal laws that cover their work hours. All businesses are subject to state law, but only those businesses covered by the Fair Labor Standards Act (FLSA) are subject to the federal law.

Texas State Law specifies the following limitations on hours of work for children who are 14 or 15: 

• No work during school hours. 

• No more than three hours during a school day, or more than 18 hours in a school week. 

• No more than eight hours during a non-school day, or more than 40 total hours during a non-school week. 

• No work between 7:00 p.m. and 7:00 a.m. during the school year. 

• If not enrolled in summer school, 14- and 15-year-olds may work between 7:00 a.m. and 9:00 p.m. from June 1 through Labor Day. 

• If interstate commerce is not involved, and the FLSA does not apply, then Texas law provides that 14- and 15-year-olds may work no more than 8 hours per day and no more than 48 hours in a week; may not work between 10:00 p.m. and 5:00 a.m. before a school day; may not work between midnight and 5:00 a.m. before a non-school day; and may not work between midnight and 5:00 a.m. during the summer recess. 

To request that TWC approve a hardship waiver of the hour restrictions for a child age 14 or 15 because it is necessary for the child to work to support themselves or their immediate family, follow the process described in Commission Rule Section §817.22. 

Federal law specifies that children who are 14 or 15: 

• Cannot work during school hours. 

• Can work no more than 8 hours in a day or 40 hours in a week when school is not in session. 

• Can work no more than 3 hours in a day or 18 hours in a week when school is in session. 

• Can work only between 7 a.m. and 7 p.m. during the school year. However, between June 1 and Labor Day, they may work between the hours of 7 a.m. and 9 p.m.

There are no restrictions on the number of hours or times of day a child age 16 or 17 may work.

Yes. Eighteen is the minimum age for employment in non-agricultural occupations declared hazardous by the Secretary of Labor.  

To learn more, read the Prohibited Occupations for Non-Agricultural Employees page on the U.S. Department of Labor website.

When a business is owned or operated by a parent or legal custodian, the parent or custodian may employ their own children at any age to work any hours, so long as the work is non-hazardous (not prohibited) and the child works under the parent or custodian’s direct supervision.

Hazardous work includes manufacturing, mining, and those included in the DOL's list of hazardous duty occupations.

The Texas Child Labor Law ensures that a child is not employed in an occupation or manner that is harmful to the child's safety, health or well-being.  

Child labor laws cover any employee under 18 years of age. Once someone reaches age 18, they are considered an adult. 

The Texas Workforce Commission has rules for employing children. These rules help ensure that employment does not interfere with a child's education and does not pose a threat to the child's health, safety or general well-being. 

To learn more, visit the TWC Child Labor page.

Texas Child Labor Law does not apply to a child who is: 

• Engaged in non-hazardous casual employment that will not endanger the safety, health, or well-being of the child, so long as a parent consents. Casual employment is work that is unscheduled and nonrecurring. Non-hazardous employment is work that neither the federal government nor TWC have determined is dangerous to the safety, health, or well-being of a child.  

• 11 years or older delivering newspapers on a newspaper route (exemption does not include direct sales) 

• 16 years or older engaged in the direct sale of newspapers to the general public 

• Participating in a school-supervised and school-administered work-study program approved by TWC 

• Employed through a rehabilitation program supervised by a county judge 

• Employed in agriculture during a period when the child is not legally required to be attending school

Employment in agriculture means engaged in producing crops or livestock and includes: 

• Cultivating and tilling the soil 

• Producing, cultivating, growing, and harvesting an agricultural or horticultural commodity

• Dairying

• Raising livestock, bees, fur-bearing animals, or poultry 

Learn more on the Texas Child Labor Law page on the Texas Workforce Commission website. 

All businesses are subject to state law but only those businesses covered by the Fair Labor Standards Act (FLSA) are subject to the federal law. 

To determine whether a business is covered under the FLSA, contact your local U.S. Department of Labor, Wage and Hour Division or visit the U.S. Department of Labor’s Reference Guide to the Fair Labor Standards Act. 

If in doubt, or when both Federal and State laws apply, businesses should follow the stricter guidelines.

To learn more about FLSA requirements, read the U.S. Department of Labor’s Fact Sheet #32: Youth Minimum Wage - Fair Labor Standards Act. 

To learn more about the minimum wage in Texas, visit the Texas Minimum Wage page on the TWC website. 

To learn more about Texas Child Labor Laws, visit the Texas Child Labor Law page on the TWC website.