The Common Law
Back to School – Can My 15-Year-Old Still Work?
Yes, but not as much as she worked in the summer. Federal and Texas law allows 14- and 15- year-olds to be legally employed. But, in an effort to balance work with school and other teenage activities, there are child labor laws that restrict how many hours they can work and what kinds of jobs they have.
According to federal law, 14- and 15-year-olds can only be employed for three hours per school day and a total of 18 hours per school week. During the school term, these hours can only be worked outside of school hours and between 7am and 7pm.
Fourteen- and 15-year-olds can work up to eight hours per day on nonschool days and a maximum of 40 hours per week in the summer when school is not in session. In comparison, youths that are 16 or 17 years old can perform any nonhazardous job for unlimited hours regardless of whether school is in session.
Both Texas and federal law limit the types of jobs that 14- and 15-year-olds can have. As a general rule, retail, food service, office and clerical work, and cleaning jobs are allowed. Alternatively, jobs involving manufacturing, construction, or transportation are generally prohibited because of the potential risks they pose to a child's safety, health, or well-being.
There are numerous exceptions to the above rules, which include everything from child actors and paperboys to kids who work in nonhazardous positions while under their parents' direct supervision. Some kids may even be able to apply for specific hardship exemptions. For more detailed info on child labor laws, see the U.S. Department of Labor website (www.youthrules.dol.gov) or the Texas Workforce Commission summary of the Texas Child Labor Laws (www.twc.state.tx.us)
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Marrs, Ellis & Hodge LLP, www.mehlaw.com.
The material in this column is for informational purposes only. It does not constitute, nor is it a substitute for, legal advice. For advice on your specific facts and circumstances, consult a licensed attorney. You may wish to contact the Lawyer Referral Service of Central Texas, a non-profit public service of the Austin Bar Association, at 512-472-8303 or www.austinlrs.com.