Teachers assigned to coordinate work-based learning (WBL) experiences must be familiar with local, state, and federal labor codes related to student employment. In most cases, federal laws establish the minimum standards, while state and local rules set additional restrictions. However, there are topics where local, state, and federal laws have conflicting laws on the same topic.
When a conflict occurs, as a general rule, follow the regulation that sets the
strictest standard for protecting a child’s safety, welfare, and well-being.
See if you can identify the strictest standard in the example below.
Texas Labor Code
At the state level, the Texas Labor Code contains laws related to the employment of minors. The Texas Labor Code, like the Texas Education Code, is available online on the Texas Constitution and Statutes website.
The Texas Labor Code defines a child as any individual under the age of 18 years.
The chapter in the Texas Labor Code that is most relevant to WBL is Chapter 51: Employment of Children (in Title 2. Protection of Laborers, Subtitle B. Restrictions on Labor). The purpose of the chapter is to ensure that a child is never employed in an occupation or manner that is detrimental to the child's safety, health, or well-being.
Texas Workforce Commission
The Texas Workforce Commission is the state agency responsible for providing clarification and guidance on state labor laws. While Texas child labor laws generally mirror federal laws, there are some exceptions where Texas law imposes additional restrictions on the types and hours of employment for minors.
The Texas Workforce Commission produced a poster called Texas Child Labor Laws, which is a helpful resource for teachers.
You may also want to download the Texas Child Labor Laws poster.
DOL is the only federal agency that monitors child labor and enforces child labor laws.
While the DOL has many departments and divisions, the following divisions are the primary divisions that enforce laws regarding worker safety and health:
Fair Labor Standards Act (FLSA)
DOL’s WHD is responsible for enforcing the most sweeping federal law restricting the employment and abuse of child workers: the Fair Labor Standards Act (FLSA).
Click each phrase below to find out more about the FLSA.
To keep up to date on FLSA child labor laws and regulations, teachers should download and print current fact sheets and bulletins at the beginning of every semester. Two of the most useful resources for instructors coordinating work-based learning experiences are
The next screens provide an overview of these two bulletins.
Click each phrase below to find out about FLSA child labor regulations for nonagricultural employment.
The federal child labor provisions do not apply to children in the following situations:
Take a moment to download or bookmark Child Labor Bulletin 101 for later reference.
Child Labor Bulletin 102 (WH-1295) is a guide to the provisions of the FLSA that apply to minors employed in agricultural occupations.
FLSA defines an agricultural occupation as one performed by
a farmer or on a farm in conjunction with farming operations.
Key provisions in Child Labor Bulletin 102 regarding children working in agricultural occupations include the following: