What Is The Texas Child Labor Law?

Tue, 29 May 2007 21:19:00 GMT

The purpose of the Texas Child Labor Law is to ensure that a child is not employed in an occupation or manner that is detrimental to the child's safety, health, or wellbeing. "Child" is defined as an individual under 18 years of age. Except as specifically authorized by the statute, it is illegal to employ a child under 14 years of age. One of the principal exemptions in the statute allows the Texas Workforce Commission (Commission) to adopt rules which authorize the employment of children under 14 years of age as performers in a motion picture or a theatrical, radio, or television production. Pursuant to that authority, the Commission has adopted Texas Commission Rule Section 817.31, which sets out the procedure for authorization of work by a child actor. These rules also contain provisions designed to 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 wellbeing. The Commission or its designee may, during working hours, inspect a place of business where there is good reason to believe a child is or has been employed within the last two years and collect information about the employment of children there. Knowingly or intentionally hindering such an investigation is a violation of the law.

Are There Exemptions From The Minimum Wage Act?

Fri, 21 Mar 2008 18:31:46 GMT

The primary exemption from the Act is for any person covered by the federal Fair Labor Standards Act (FLSA). Other specific exemptions include employment in, of or by religious, educational, charitable, or nonprofit organizations; professionals, salespersons or public officials; domestics; certain youths and students; inmates; family members; amusement and recreational establishments; nonagricultural employers not liable for state unemployment contributions; dairying and production of livestock; and sheltered workshops.

Are There Minimum Wages For Agricultural Employees?

Fri, 21 Mar 2008 18:22:55 GMT

The Commissioner of Agriculture is authorized to establish piece rates for agricultural commodities commercially produced in substantial quantities in Texas if sufficient productivity information is available. The piece rates are supposed to guarantee at least minimum wage for harvesters of average ability and diligence while allowing harvesters to earn more by producing more. The Act provides a procedure for contesting an established piece rate.

Are There Penalties For Employers Who Dont Pay?

Mon, 24 Mar 2008 17:37:07 GMT

If the Commission determines that an employer acted in bad faith in not paying wages as required by the statute, the Commission may assess an administrative penalty against the employer in the amount of the wages claimed or $1,000, whichever is lesser. Penalties in the same amount may be assessed against an employee who files a wage claim in bad faith. An employer commits an offense that is a third degree felony if the employer hires or intends to continue to employ an employee with the intent to avoid payment of wages owed to the employee and if the employer fails after demand to pay those wages.

How Are Wages Paid?

Fri, 21 Mar 2008 18:48:13 GMT

Services rendered regardless of how they are computed, commissions and bonuses according to the agreement between the parties, and certain fringe benefits due under a written agreement with or policy of the employer. Expense reimbursements, gratuities, gifts and the like are not considered wages and are not covered by the Texas Payday Law. Unless an employee agrees in writing to accept part or all of his/her wages in kind, or in another form, wages must be paid in United States currency, a written instrument negotiable on demand at full face value for United States currency, or by electronic transfer of funds. Wages must be delivered to the employee at her/his regular place of work during working hours, mailed by registered mail to be received by the employee not later than payday, or by any reasonable means, or to any person authorized in writing by the employee.

Is Injunctive Relief Available?

Tue, 29 May 2007 21:19:00 GMT

The Attorney General may seek injunctive relief in district court against an employer who repeatedly violates the requirements established by this Act relating to the employment of children.

Is There A Requirement To Secure Payment Of Wages?

Tue, 29 May 2007 21:19:00 GMT

The Commission may require an employer to deposit a bond if the employer is convicted of two violations of the act or if a final order of the Commission remains unpaid after the 10th day after the order has become final and no appeal is pending. The bond must be in an amount set by the Commission; it must guarantee the payment of any sum recovered against the employer under this act, and that the employer, for a period of up to three years, will pay the employees in accordance with the Texas Payday Law. Because of the high cost of such surety bonds, the requirement that an employer furnish such security could well cause the failure of a business. Additionally, failure to deposit the bond required could result in an order from a court that the employer cease doing business until the bond is furnished.

Outline Of Hazardous Occupations For 16 And 17 Year Olds

Tue, 29 May 2007 21:19:00 GMT

Higher Standards

If both federal and state law apply, the more restrictive provision controls.

General Exemptions

Apprentice:
- employed in recognized apprenticeable trade;
- work is incidental to training;
- intermittent, short, and under close journeyman supervision; and registered or under written agreement about work standards.
Studentlearner:
- enrolled in authorized cooperative vocational training program; and employed under a written agreement providing that:
  1. work is incidental to training;
  2. work is intermittent, short, and under close supervision;
  3. safety instructions are given by school and employer; and a schedule of organized and progressive work is prepared.

Hazardous Occupations To Which The General Exemptions Apply

PowerDriven Woodworking Machines
PowerDriven Metal Forming, Punching, and Shearing Machines
PowerDriven Meat Processing Machines (Slaughtering, Meat Packing, Rendering)
PowerDriven PaperProducts Machines
Circular Saws, Band Saws, and Guillotine Shears
Roofing Operations
Excavation Operations

Hazardous Occupations to Which the General Exemptions Do NOT Apply

Manufacturing or Storing Explosives
Motor Vehicle Operator or Outside Helper
Coal Mining
Logging, Sawmill, Lath Mill, Shingle Mill, or Cooperage Stock Mill
Radioactive Substances or Ionizing Radiations
PowerDriven Hoisting Apparatus
Mining Other Than Coal
Bakery Machines
Manufacturing of Brick, Tile, and Kindred Products
Wrecking, Demolition, and Shipbreaking

There have been some important changes to the Child Labor Laws affecting Hazardous Occupation Orders No. 2 and No. 12. The Texas Child Labor Laws restrict the types of occupations that minors under 18 years of age may perform. One such provision, Hazardous Occupation Order No.2 (HO 2), prohibits minors under 18 years of age from driving motor vehicles on public roadways unless conditions for certain exemptions are met. Another provision, Hazardous Occupation Order No. 12 (HO 12), prohibits minors under 18 years of age from operating, loading or unloading certain powerdriven paper processing machines, including scrap paper balers and paper box compactors. Two amendments to the Fair Labor Standards Act were adopted by the Texas Workforce Commission by rule effective April 22, 1999. One amendment modified HO No. 2, setting the minimum age of 17 for any onthejob driving on public roadways. Another amendment modified HO No. 12, to permit minors 16 years of age or older to load, but not operate or unload, certain scrap paper balers and paper box compactors. Changes to Hazardous Order No. 2: No employee under 17 years of age may drive on public roadways as part of their employment. Seventeenyearolds may drive on public roadways as part of their employment, but ONLY if all the following requirements are met:

The driving is limited to daylight hours;
The 17yearold holds a State license valid for the type of driving involved in the job performed;
The 17yearold has successfully completed a State approved driver education course and has no record of any moving violation at the time of hire;
The automobile or truck is equipped with a seat belt for the driver and any passengers and the employer has instructed the youth that the seat belts must be used when driving;
The automobile or truck does not exceed 6,000 lbs. gross vehicle weight;

The driving may not involve:

Towing vehicles;
Route deliveries or sales;
Transportation for hire of property, goods, or passengers;
Urgent, time sensitive deliveries, such as pizza or floral delivery;
Transporting more than three passengers, including employees of the employer;
Driving beyond a 30mile radius from the youth's place of employment;
More than two trips away from the primary place of employment in any single day to deliver the employer's goods to a customer (other than urgent, timesensitive deliveries which are prohibited);
More than two trips away from the primary place of employment in any single day to transport passengers, other than employees of the employer; and,
Such driving is only occasional and incidental to the 17yearold's employment. This means that the youth may spend no more than 1/3 of the work time in any workday and no more than 20% of the work time in any workweek driving.

The above requirements apply whether the youth is driving a personal or employerowned vehicle. Employers can guard against violations of the new requirements by securing documentation from 17yearold employees who drive as part of their job. Such documentation would include evidence of the employee's age, completion of a driver education course, clean driving record and appropriate State driver's license. Changes to Hazardous Order No. 12: Minors 16 years of age or older are permitted to load but not operate or unload certain scrap paper balers and paper box compactors, but ONLY if all the following requirements are met:

The employer must ensure that the equipment meets, and continues to meet, the American National Standards Institute's Standard ANSI Z245.51990 for scrap paper balers or Standard ANSI Z245.21992 for paper box compactors (ANSI).
Prior to permitting minors under age 18 to load materials into balers and compactors, the employer must provide a notice and post a notice on each piece of equipment that:
1. The equipment meets the appropriate ANSI standard named above, and
2. 16 and 17year olds may only load the equipment, and
3. any employee under age 18 may not operate or unload such equipment.
The equipment must include an onoff switch incorporating a keylock or other system, and the control of the system must be maintained in the custody of employees who are 18 years of age or older.
The onoff switch of the equipment must be maintained in an off position when the equipment is not in operation.

It is the responsibility of the employer to make the initial determination that the equipment to be loaded by 16 and 17year olds meet the appropriate ANSI standards. It is also the employer's responsibility to provide the notice and post it on each piece of equipment which is loaded by 16 or 17year old workers. The amendment also requires that all employers subject to the FLSA submit a report to the Secretary of Labor when an injury that requires medical treatment (other than first aid) or death to an employee under 18 years of age occurs as a result of contact with a scrap paper baler or a paper box compactor during the loading, operation, or unloading of the equipment. This reporting obligation, which remains in effect for two years after the enactment of the amendment, requires that such report be submitted within ten days of the occurrence of the injury or death. The Child Labor Law Unit of the Texas Workforce Commission is developing guidelines and information to facilitate compliance. The Federal government also sets standards for child labor and teen drivers. When both Federal and State laws apply, the law setting the more stringent standard must be observed. For information regarding the Federal child labor standards, contact your local office of the Department of Labor Wage and Hour Division. For more information regarding HO No. 2 or HO No. 12 or any other child labor matter, please contact the Child Labor Law Unit of the Texas Workforce Commission.

What About Collections Of Wages?

Tue, 29 May 2007 21:19:00 GMT

When an order for an employer to pay money to the Commission for the use and benefit of an employee has become final, the law allows for administrative liens and bank levies. The Commission may assign the administrative lien to the claimant at the claimant's request. The Commission may enforce, by any of these collection methods, an order against a party who has filed for judicial review without depositing the ordered amount into escrow or filing an affidavit of inability to pay.

What Are Legitimate Deductions From Wages?

Tue, 29 May 2007 21:19:00 GMT

One of the most troublesome aspects of determining what wages are due and unpaid is the question raised by deductions from wages made by the employer. The employer may not make deductions unless ordered to do so by a court of competent jurisdiction (as in courtordered child support payments); authorized to do so by state or federal law (as in IRS withholding); or authorized in writing by the employee, and then only for a lawful purpose. The latter category is the one that causes many problems. Authorizations that are too general or too broad may not be given effect. Deductions for outofpocket loans to an employee, even though there is an oral agreement to repay, or even to repay out of a particular wage payment, will not be allowed, unless the deduction is authorized in writing. Employers must be careful to get a proper written authorization before making a payroll deduction.

What Are Permitted Occupations?

Tue, 29 May 2007 21:19:00 GMT

A child who is 14 or 15 years of age may be employed in the following occupations in retail, food service, and gasoline service establishments:

Office and clerical work (including operation of office machines).
Cashiering, selling, modeling, art work, work in advertising departments, window trimming and comparative shopping.
Price marking and tagging by hand or by machine. Assembling orders, packing and shelving.
Bagging and carrying out customers' orders.
Errand and delivery work by foot, bicycle, and public transportation.
Cleanup work, including the use of vacuum cleaners and floor waxers, and maintenance of grounds, but not including the use of powerdriven mowers or cutters.
Kitchen work and other work involved in preparing and serving food and beverages, including the operation of machines and devices used in the performance of such work such as, but not limited to, dishwashers, toasters, dumbwaiters, popcorn poppers, milk shake blenders, and coffee grinders.
Work in connection with cars and trucks if confined to the following:
- Dispensing gasoline and oil.
- Courtesy service on premises of gasoline service station.
- Car cleaning, washing and polishing.
- Other occupations permitted by this section.
But not including work:
- Involving the use of pits, racks or lifting apparatus or involving the inflation of any tire mounted on a rim equipped with a removable retaining ring.
Cleaning vegetables and fruits, and wrapping, sealing, labeling, weighing, pricing and stocking goods when performed in areas physically separate from areas where meat is prepared for sale and outside freezers or meat coolers.

What Are Prohibited Occupations For 16 And 17 Year Olds?

Tue, 29 May 2007 21:19:00 GMT

The Commission has adopted by rule the federal regulations governing the employment of 16 and 17year olds in occupations declared hazardous by the U.S. Department of Labor. These socalled Hazardous Orders are outlined later in this in paper. A 1995 amendment to the Texas Labor Code has eased the restriction on the hazardous occupation of driving. Under state, but not federal law, a person may employ a child to operate a motor vehicle for a commercial purpose if the child:

has a valid driver's license;
does not need a commercial license to perform the job;
operates a vehicle with no more than two axles and not in excess of 15,000 pounds gross vehicle weight; and
performs the job:
- under the direct supervision of the child's parent; and
- for a business owned or operated by the child's parent.

What Are The Filing Procedures?

Tue, 29 May 2007 21:19:00 GMT

An employee who feels that he or she has not been paid all wages earned may file a complaint with the Texas Workforce Commission (TWC). Complaint forms may be obtained from local TWC offices, or upon request through the mail, through our agency website, or by calling 18008329243 /TDD 18007352989. The completed form, along with any information necessary to support the claim, must be mailed to TWC at the address shown on the complaint form. The complaint must be signed, and the signature of the claimant must be verified by a Notary Public or by any employee of TWC. A wage claim must be filed no later than 180 days after the date the claimed wages originally became due for payment. Upon receipt of a wage claim, TWC notifies the employer of the claim by sending the employer a copy of the wage claim and a form on which to furnish the employer's response. An investigator from TWC's Labor Law Department, using the information furnished by the employee and the employer, along with any additional information that the investigator feels to be essential, issues a written decision [Preliminary Wage Determination Order (PWDO)] as to whether wages are due, and if so, the amount due. Either party dissatisfied with the PWDO may appeal that ruling to the Special Hearings Department. Requests for hearing must be made in writing no later than the 21st day after the PWDO is mailed to the parties by the Commission. This time limit is mandatory. Appeal hearings are usually held by telephone conference call; any party may present witness testimony and submit documentary evidence. The testimony in an appeal hearing is taken under oath, and the entire proceedings are recorded on audio tape. After testimony is concluded, the hearing officer renders a written order for the payment of wages, or a finding that no wages are due. This decision states the amount of wages due, if any, any penalty that has been assessed, and advises the parties of their right to judicial review. Either party dissatisfied with the results of the hearing may file a written motion for rehearing. This motion must be filed within fourteen days after the date on which the decision was mailed. Again, compliance with this time limit is critical, because unless a motion for rehearing is filed or the Commission reopens the hearing, the order becomes final after fourteen days. Within thirty days after a final order of the Commission is mailed, either party may file for judicial review in a court of competent jurisdiction. In the petition for judicial review, the Commission and all parties to the proceedings before the Commission must be made parties to the suit. Again, note that the 30day time limit is critical. If the appeal for judicial review is filed late, the court will have no jurisdiction to hear the case. This action must be brought in the county of the claimant's residence; if the claimant is not a resident of Texas, the action must be brought in the county in Texas where the employer has its principal place of business. If the final order of the Commission requires the payment of wages or a penalty, the party must either deposit into a TWC escrow account the total amount ordered to be paid, or file with the court a timely affidavit of inability to pay. The money deposited is placed in an interestbearing escrow account to be disbursed at the conclusion of the judicial process, with the interest being paid to the prevailing party.

What Are The General Exemptions To The Child Labor Laws?

Mon, 04 Jun 2007 21:51:22 GMT

This chapter does not apply to employment of a child:

employed in a:
- nonhazardous occupation;
- under the direct supervision of the child's parent or an adult having custody of the child; and
- in a business or enterprise owned or operated by the parent or custodian.
engaged in delivery of newspapers to the consumer;
participating in a schoolsupervised and schooladministered workstudy program approved by the Commission;
employed in agriculture during a period when the child is not legally required to be attending school;
employed through a rehabilitation program supervised by a county judge; or
engaged in nonhazardous casual employment that will not endanger the safety, health, or wellbeing of the child and to which the parent or adult having custody of the child has consented.

In this section, "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; and
raising livestock, bees, furbearing animals, or poultry.

For the purposes of general exemption No. 6, the Commission by rule may define nonhazardous casual employment that the Commission determines is dangerous to the safety, health, or wellbeing of a child.

What Are The Hours Of Employment For A Child?

Wed, 07 May 2008 20:31:20 GMT

A child 14 or 15 years of age may not work more than eight hours in one day or more than 48 hours in one week. A child who is 14 or 15 years of age and is enrolled in a term of a public or private school may not work between the hours of 10 p.m. and 5 a.m. on a day that is followed by a school day or between the hours of midnight and 5 a.m. on a day that is not followed by a school day. A child who is 14 or 15 years of age and is not enrolled in summer school may not work between the hours of midnight and 5 a.m. on any day that school is recessed for the summer.

What Are The Penalties For Child Labor Violations?

Tue, 29 May 2007 21:19:00 GMT

An offense under this Act is a Class B misdemeanor with the exception of the offense of employing a child to sell or solicit, which is a Class A misdemeanor. It is a defense to prosecution of a person employing a child who does not meet the minimum age requirement for a type of employment, that the person relied in good faith on an apparently valid certificate of age presented by the child that showed the child to meet the age requirement for that type of employment. In addition to the criminal penalty noted above, if an employer violates the provisions of this Act, the Commission may assess an administrative penalty against that employer in an amount not to exceed $10,000. Any violation or assessment of a penalty under this provision of the Child Labor Act may be appealed to a hearings examiner of the Texas Workforce Commission. No later than 30 days after a Commission order assessing a penalty becomes final, the employer may file a petition for judicial review of the order.

What Are The Prohibited Occupations For 14 And 15 Year Olds?

Tue, 29 May 2007 21:19:00 GMT

A child who is 14 or 15 years of age may NOT be employed in:

- Manufacturing, mining, or processing occupations, including occupations requiring the performance of any duties in work rooms or work places where goods are manufactured, mined, or otherwise processed;
- Occupations which involve the operation or tending of hoisting apparatus or of any powerdriven machinery other than office machines;
- The operation of motor vehicles or service as helpers on such vehicles;
- Public messenger service;
- Occupations which the Secretary of Labor may, pursuant to Section 3(l) of the Fair Labor Standards Act and Reorganization Plan No. 2, issued pursuant to the Reorganization Act of 1945, find and declare to be hazardous for the employment of minors between 16 and 18 years of age or detrimental to their health or wellbeing;
- Occupations in connection with:
  1. Transportation of persons or property by rail, highway, air, water, pipeline, or other means;
  2. Warehousing and storage;
  3. Communications and public utilities;
  4. Construction (including demolition and repair);
  Except such office (including ticket office) work, or sales work, in connection with paragraphs f(1)(2)(3) and (4) of this section as does not involve the performance of any duties on trains, motor vehicles, aircraft, vessels, or other media of transportation or at the actual site of construction operations.
In addition to prohibited occupations, state law specifically prohibits 1) the employment of anyone under 14 years of age and unaccompanied by a parent to sell or solicit goods or services for any person other than an exempt organization or a business owned or operated by a parent, and 2) the employment of a child to sell or solicit goods or services for any person other than an exempt organization unless parental permission is granted on a form prescribed by the Commission at least seven days before employment begins.

What Are The Rights, Duties And Obligations In Employment?

Tue, 29 May 2007 21:19:00 GMT

Each employee who is exempt from the overtime provisions of the federal Fair Labor Standards Act (FLSA) must be paid once a month; others must be paid at least twice a month. Semimonthly pay periods must consist as nearly as possible of an equal number of days. Within those limitations, an employer may designate any paydays he/she chooses. Notices indicating the paydays must be posted in conspicuous places in the workplace. If an employer does not designate paydays, the employer's paydays are the first and 15th of each month. If an employee quits, she/he must be paid in full at the next regular payday. If an employee is terminated, he/she must be paid in full within six days. If an employee is not paid on a payday for any reason, including the employee's absence, the employer shall pay those wages on another business day as requested by the employee.

What If I Have Not Been Paid The Minimum Wage?

Fri, 21 Mar 2008 18:36:08 GMT

An employee has two years from the date the wages were due for payment to file a lawsuit to recover the unpaid wages plus an additional equal amount as liquidated damages. The employer can be assessed reasonable attorney's fees and court costs.

What Is The Hardship Exemption?

Tue, 29 May 2007 21:19:00 GMT

The Commission may adopt rules for determining whether hardships exist. If, on the application of a child, the Commission determines that a hardship exists for that child, the hours restrictions do not apply to that child. Commission Rule Section 817.22 provides the procedure which must be followed in seeking a hardship waiver of the hours restrictions for 14 and 15year olds.

What Is The History Of The "texas Payday Law"?

Tue, 29 May 2007 21:19:00 GMT

Effective January 1, 1990, the Texas Employment Commission (now part of the Texas Workforce Commission) was given a mandate to receive and adjudicate wage claims. The current provisions of the Texas Payday Law are found in Chapter 61 of the Texas Labor Code; those provisions differ greatly from an earlier statute which contained virtually no enforcement procedures. Both employees and employers should be aware of the law so they will know the rights and responsibilities which are conferred on them by the law.

Who Is Covered By The Texas Payday Law?

Wed, 20 Aug 2008 17:24:32 GMT

Except for public employers, all Texas business entities, regardless of size, are covered by the Texas Payday Law. Other than close relatives and independent contractors, all persons who perform a service for compensation are considered employees.

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