In recognition of National Intern Day, I will be partnering with Dallas College and Workforce Solutions Greater Dallas to host an event for students and employers on July 31. The event provides networking opportunities and more information about the Texas Higher Education Coordinating Board's TXWORKS program, which reimburses employers for a portion of their intern's hourly wages. The event is free to attend, and I encourage all employers and their interns in the greater Dallas area to participate. Register here: https://bit.ly/txinternnetwork-dallas.

These programs are critical pipelines to in-demand career pathways. When students complete an internship and gain hands-on work experience, they become immediately more competitive and valuable in the job market. I’m glad to welcome our office’s summer interns and commend them on their initiative to apply for an internship. I hope you’ll join me in creating internship opportunities this year. You can join the conversation in our LinkedIn group and post internships here:

Texas Internship Challenge

Texas Intern Network

From Playgrounds to Paychecks: Navigating Child Labor Laws

By: Jikku John

Legal Counsel to Commissioner Joe Esparza 

As summer approaches, many young people eagerly seek summer jobs to earn money and gain experience. However, this desire for summer employment can create a tricky situation for employers, who must carefully navigate child labor laws. Enacted for the purpose of protecting young workers, these laws ensure the safety and well-being of minors. Compliance protects employers from fines, legal repercussions, and the exploitation of young workers. This article provides a guide for employers when navigating the complexities surrounding Texas and Federal child labor laws.

Age Restrictions for Children

Children younger than the age of 18 are prohibited from performing hazardous duties, regardless of age. See: https://efte.twc.texas.gov/child_labor.html. Similarly, the law prohibits children under 14 from working, with a few exceptions. These exceptions include, but are not limited to, certain agricultural occupations, employment in the entertainment industry (with proper TWC authorization), newspaper delivery, and non-hazardous work performed by children directly employed by their parents. Finally, under Texas state law, sexually oriented businesses may not employ anyone under the age of 21. Similarly, no other business may allow an employee who is younger than 21 to enter or be on premises of a sexually oriented business.

Work Time Restrictions

Employees aged 14 or 15 may not work during school hours. Under federal law, 14- and 15-year-olds cannot work more than 3 hours during a school day, or more than 18 hours during a school week. For a non-school week, 14- and 15-year-olds are prohibited from working more than 8 hours during a non-school day, or more than 40 total hours during the non-school week. Federal law further prohibits children from working between the hours of 7:00 p.m. and 7:00 a.m. during the school year, with the exception that 14- and 15-year-olds may work between 7:00 a.m. and 9:00 p.m. during the summer months (June 1 through Labor Day). Finally, overtime is strictly prohibited for 14- and 15-year-olds.

In contrast, 16- and 17-year-olds have no limitations on hours of work and are entitled to overtime pay if they work more than 40 hours in a seven-day workweek. However, employers should ensure work schedules do not conflict with school obligations.

Pay Issues

It’s always good to have all employees, including employees younger than 18, sign clear wage agreements. For those younger than 20, a special sub-minimum wage, or so-called “training wage,” of $4.25 can be paid during the first 90 days of employment. Thereafter, the minimum wage of $7.25 per hour would apply. Other sub-minimum wages (generally, 85% of the current minimum wage) may be permissible under special circumstances for children who are in DOL-approved student employment or apprenticeship programs.

See: https://www.dol.gov/agencies/whd/fact-sheets/32-minimum-wage-youth.

Consent

Section 521.051 (a-1) of the Business & Commerce Code provides that employers need a parent’s or guardian’s permission to obtain personal identifying information from minor applicants and employees. Thus, it would be valuable for the employer to have a section on the job application, or a separate signed permission statement from a parent or guardian, regarding collection of personal information from a minor employee.

Training

If the business employs minors, specialized harassment training for management is strongly recommended. Complaints from employees younger than 18 must be addressed with the highest urgency. Implementing zero-tolerance policies concerning improper conduct towards, or contact with, minor employees is crucial. Certain offenses (assault, improper photography, or recording, etc.) may need to be reported to law enforcement for appropriate action.

See: https://efte.twc.texas.gov/child_labor.html.

Penalties

Under Texas law, civil penalties for child labor law violations can result in as much as $10,000 per violation, while criminal penalties can involve class A or class B misdemeanors.

Under Federal law, civil penalties can range up to $11,000 per violation ($50,000 for death or serious injury to a minor employee, or $100,000 for repeated or willful violations of that type). Similarly, criminal penalties can range up to $10,000 per violation, and or possible imprisonment. Injunctive relief, and prohibition on the sale or transfer of any goods produced by the employer in violation of child labor laws (at the time of, or within 30 days after), are likewise possible.

Appeals

Similar to an unemployment claim or a wage claim, a party with an adverse child labor law determination order from the Texas Workforce Commission is afforded an appeal process, wherein the affected party can request a hearing before an impartial child labor appeal tribunal, and thereafter, if warranted, appeal to the three-member commission.  

See: https://www.twc.texas.gov/programs/appeals/texas-child-labor-law-appeals.

Conclusion

For questions about this issue, or any other employment-related matters, employers can call our employer hotline at 1-800-832-9394 or email us at: [email protected].