The Common Law
Kids working for parent’s business
By Luke Ellis, Fri., Aug. 4, 2023
My favorite hole-in-the-wall restaurant has the same young kid working there almost every time I go. My guess is that he's between 11 and 13 and that he's the son of one of the parents that owns the restaurant but I'm not sure. Is he allowed to work that much? Aren't there child labor laws that should have that kid in school more and working less?
Texas has child labor laws that govern what a minor child (under the age of 18) can and cannot do. The overarching goal of the Texas child labor law framework is to protect children and keep them safe. Kids should not be employed in a way that can interfere with their education or endanger the child's safety, health, or well-being.
There are lots of rules and regulations that change depending on the child's age. As a general rule, it is illegal to employ a child under 14. There are, however, several exceptions that allow children younger than 14 to work. One exception is a business that is owned or operated by a parent or legal guardian. In that instance, the parent may employ their own child at any age to work any hours. The child must work under the parent's direct supervision and the work must be nonhazardous.
Applying all this to the kiddo working in the restaurant (which would be considered a nonhazardous job), if he's under 14, he would be allowed to work there as long as he is the child of the business owner and works under the parent's direct supervision.
The Texas Workforce Commission implements and oversees the law regarding employing children. The TWC has good reference information on its website for anyone wanting more info on Texas child labor regulations (twc.texas.gov). Anyone that wants to submit a complaint about a child employment issue can call the TWC (800/832-9243).
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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.