Summer Jobs - Stay Legal When Employing Young Workers

By: William T. Simmons
Senior Legal Counsel to Commissioner Aaron Demerson

Employers that will hire employees younger than 18 for summer jobs should be aware of both Texas and federal laws protecting such workers.

As a general matter, children younger than 14 may not work. Narrow exceptions exist for children working directly for their parents in a parent-owned company (including small family farms), actors with special certificates issued by TWC, and newspaper delivery workers.

During a summer break (June 1 through Labor Day under federal law), 14- and 15-year-olds may work between 7:00 a.m. and 9:00 p.m. (no night shifts), and no more than eight hours per day and 40 hours per week (assuming they are not in summer school). Employees who are 16 or 17-years-old may work whatever hours are needed, as long as local ordinances or curfews for young people are not an issue.

Hazardous duties such as driving, operating power-driven machinery, roofing, most food preparation jobs, and warehouse work are generally off limits. ?Summer lifeguard jobs require an employee to be at least 15.? A list of all of the hazardous duties that children may not perform is online at https://twc.texas.gov/jobseekers/texas-child-labor-law.

It is a good idea to have all employees, including those younger than 18, sign clear written wage agreements.? During the first 90 days of employment, the employer can pay a minor a so-called ?training wage? of at least $4.25 per hour.? Thereafter, the minimum wage of $7.25 per hour would apply. 16 and 17-year-olds are entitled to overtime pay if they work more than 40 hours in a seven-day workweek. The Texas Payday Law applies to all employees of private-sector employers, regardless of age.

Section 521.051(a-1) of the Business & Commerce Code requires an employer to have consent from a child?s parent or guardian before obtaining personal identifying information (job application, I-9, and so on) from the child. The same would apply to drug tests and background checks. On a practical basis, in order to maximize parental support for a child working at a business, the employer should ensure that the parent gives written permission for a particular child employee?s work schedule and duties.

Special training is advisable for management regarding harassment issues if the business employs children. Complaints from employees younger than 18 should receive top priority for resolution. The company should consider implementing zero-tolerance policies regarding improper conduct toward or contact with employees younger than 18 (i.e., no ?friending? on social media, no non-business-related texts, and so on). Certain offenses (assault, improper photography or recording, etc.) may need to be reported to law enforcement as crimes against children.

If a company receives an unemployment claim notice concerning a summer employee, it should respond in a timely manner and explain whether the summer job came to an end due to the employee going back to school after a summer break.? That could make an important difference in whether the claim has a financial impact on the employer.? Employers are welcome to call 800-832-9394 (option 4) or e-mail us at [email protected] to ask questions about any of these issues.