A first job marks a significant step toward developing independence and financial literacy for teenagers. Employment for 16-year-olds in Texas is governed by specific state and federal regulations designed to ensure work experience complements education and safety. Understanding where a 16-year-old can work and the rules that apply requires a clear look at this legal framework.
Understanding Texas Child Labor Laws
Employment for minors in Texas operates under the dual authority of the federal Fair Labor Standards Act (FLSA) and the Texas Labor Code. Employers must follow the standard that is more protective of the young worker when laws overlap. The Texas Workforce Commission (TWC) enforces state child labor laws, focusing on preventing harmful occupations and ensuring work does not interfere with school attendance.
A common point of confusion is the requirement for an official work permit or employment certificate. Unlike many other states, Texas does not require a state-issued work permit for minors to be legally employed. The state’s focus for 16-year-olds shifts almost entirely to the nature of the work performed.
The primary legal distinction for 16-year-olds is the removal of most hour-related limitations imposed on younger teens. Direct restrictions on work hours largely disappear at age 16, though the Texas Labor Code still protects the educational and physical welfare of minors. This reliance on federal law for defining hazardous work allows 16-year-olds to explore a wider range of employment opportunities.
Restrictions on Hours and Scheduling
A 16-year-old in Texas enjoys substantial freedom concerning when and how long they can work, as state law imposes no restrictions on the number of hours or the time of day. This means a 16-year-old can legally work during school hours, late at night, or more than 40 hours a week. However, employers must ensure the minor’s employment does not violate compulsory school attendance laws.
Most employers, particularly large national chains, may voluntarily adopt company-wide policies based on stricter child labor laws from other states or the more restrictive federal rules for younger teens. While state law permits unlimited hours, an employer may internally restrict shifts to align with a minor’s school schedule or company policy. The absence of a state curfew or daily hour limit for 16-year-olds is a defining feature of Texas law.
The federal FLSA also does not impose hour restrictions for 16- and 17-year-olds in non-agricultural jobs. This federal allowance reinforces the state’s position, granting 16-year-olds the flexibility to work full-time during the summer or to manage a substantial part-time schedule during the school year. Consequently, any scheduling limitations encountered are typically based on school requirements, parental preference, or the employer’s operating policies.
Hazardous Occupations That Are Off-Limits
The most significant restrictions for 16-year-olds come from the federal government, specifically the Hazardous Occupations Orders (HOs) under the FLSA. These seventeen orders prohibit minors under the age of 18 from working in occupations that the Secretary of Labor has determined to be particularly dangerous or detrimental to their health and well-being. The list covers tasks that pose a high risk of injury, regardless of the number of hours worked.
Prohibited work includes operating power-driven equipment such as meat slicers, commercial mixers, circular saws, and bakery machines. Minors at 16 are also barred from working in logging or sawmilling operations, mining, and most occupations involving excavation or demolition. The restriction extends to driving motor vehicles on a public road as part of the job, although 17-year-olds may drive under specific, limited conditions.
These federal prohibitions prioritize the physical safety of young workers and are non-negotiable legal requirements for all businesses covered by the FLSA. For example, a 16-year-old employed in a restaurant cannot use the deep fryer, operate a power-driven dough mixer, or load a scrap paper baler. The law draws a clear line between age-appropriate tasks and those deemed too dangerous for anyone under 18.
Common Job Sectors for 16-Year-Olds in Texas
Sixteen-year-olds can find employment opportunities in sectors that offer structured, non-hazardous work environments.
Retail
The Retail sector is a primary source of jobs, with roles like sales associate, cashier, and stocker widely available. These positions typically involve customer service, organizing merchandise, and handling transactions, all of which are compliant with child labor laws.
Food Service
The Food Service industry is another major employer, though work types are strictly regulated to avoid hazardous occupations. Acceptable roles include host or hostess, server, busser, and counter attendant. Minors can assist with food preparation, but they must not operate dangerous power-driven equipment like commercial meat slicers or deep fryers, or work in freezers or meat coolers.
Entertainment and Recreation
Many 16-year-olds find work in the Entertainment and Recreation industries, especially during the summer and holidays. Opportunities exist at movie theaters as concession staff or ushers, at theme parks in guest services or non-hazardous ride operation, and at community pools as certified lifeguards or pool attendants.
Office and Childcare
Office and Clerical Support jobs focus on administrative tasks like data entry, filing, copying, and basic receptionist duties. For teens interested in working with children, roles in private-sector Childcare and Tutoring are common, such as working as a counselor at a day camp or an assistant in a licensed childcare center. This work must adhere to all state licensing and labor regulations.
The Practicalities of Getting Hired
Once a 16-year-old secures a job offer, administrative steps must be completed before starting work. Since Texas does not issue state work permits, the employer focuses on verifying the minor’s age. The job seeker must provide proof of age, such as a birth certificate, driver’s license, or state-issued identification card.
The employer will require standard federal hiring paperwork, including the I-9 form for employment eligibility verification and the W-4 form for federal tax withholding. Although not legally mandated by the state, many employers require a signed parental consent form to acknowledge the minor’s employment.
The Texas Workforce Commission (TWC) can issue a “Certificate of Age” upon request, which serves as official documentation of the minor’s age, though it is not a required work permit. Coordinating the work schedule with school requirements is another practical consideration, as employers often need to confirm a student is maintaining satisfactory academic progress. Collecting all necessary identification and tax documents ahead of time streamlines the hiring process.