TX · family-business carve-out for minor workers
Texas family-business carve-out for minor workers
Federal FLSA § 213(c)(1)(C) exempts a minor working in a parent-owned, non-hazardous, non-manufacturing, non-mining business from the general 14-year minimum age and the standard hour caps for 14- and 15-year- olds. Texas broadens that carve-out, and whichever rule is stricter binds the employer (FLSA § 218(a)). This page covers how Texas treats parent-owned businesses for minor workers: which family relationships qualify, whether a state work permit is still required, whether state hour caps still apply, how state hazardous-occupations prohibitions interact with the federal HO-1 to HO-17 list, and the exact state-code citation.
Quick facts
- Federal carve-out treatment
- Broadened by state
- State work permit required?
- No
- State hour caps apply?
- Waived in parent-owned biz
- State hazardous prohibitions
- Apply
- State statute
- Tex. Lab. Code § 51.003(a)(1); § 51.014
- Last verified
Texas vs the federal § 213(c)(1)(C) carve-out
Each row compares Texas's treatment of parent-owned businesses to the federal exemption under 29 USC § 213(c)(1)(C) and 29 CFR § 570.123. When the state is stricter, the state rule binds the employer; when the state is broader or silent, the federal floor still applies. Federal hazardous orders HO-1 through HO-17 always apply regardless of state law (the federal exemption never reaches mining, manufacturing, or HO-listed work).
| Dimension | Federal floor | Texas | Delta |
|---|---|---|---|
| Recognition of carve-out | Parent or in loco parentis, non-hazardous, non-mfg | Broadened by state | Broader than FLSA |
| State work permit required | Not required in parent-owned biz | Not required | Matches FLSA |
| State hour caps in parent-owned biz | Waived (no daily/weekly cap) | Waived | Matches FLSA |
| Hazardous-occupations prohibitions | Federal HO-1 to HO-17 always apply | State HOs also apply | Stricter than FLSA |
Which family relationships qualify in Texas
Parent OR "person standing in the position of a parent" (in loco parentis) — broader than the federal § 213(c)(1)(C) language. Includes step-parents, legal guardians, and others standing in a parental role; covers businesses owned, operated, OR controlled by that parent/parent-figure.
How Texas actually treats parent-owned businesses
Texas Labor Code § 51.003(a)(1) provides the broadest non-agricultural parent-owned-business carve-out of any state: the entire chapter (minimum age, hour limits, employment-certificate requirements) does not apply to a child employed in a nonhazardous occupation under the direct supervision of the child's parent OR a person standing in the position of a parent in a business or enterprise owned, operated, or controlled by that parent or person standing in the position of a parent. Texas has no state work-permit requirement for any minor regardless, so the practical impact of this exemption is on hour caps and hazardous-occupations limits — the state's general 8 PM (10 PM in summer) curfew for 14–15-year-olds and the state hazardous list at § 51.014 do not apply to a 14-year-old working at a family-owned restaurant, retail store, or service business under direct parent supervision. Federal hazardous orders HO-1 through HO-17 still apply (federal exemption never reaches mining, manufacturing, or HO-listed work), and § 51.014 incorporates the federal HO list by reference. Texas is also one of the few states whose statute uses "person standing in the position of a parent" language, which courts have applied to stepparents, legal guardians, and other adults in parental roles.
Citation
Tex. Lab. Code § 51.003(a)(1); § 51.014
Where to verify Texas's family-business treatment
Family-business carve-outs are interpreted by state labor agencies and can shift after legislative sessions. Before relying on these rules to hire a minor in a parent-owned business, confirm with the primary sources below.