Labor Law and Work Permits for Texas.
Do you know the child actor labor laws for your state? If you’re looking to pursue a career in entertainment for your child or if you are an entertainment industry professional looking to employ a child in your production, it is important that you know the child actor labor laws in both your home state and any state in which you intend to work.
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YES
The Texas Workforce Commission (TWC) adopts the Federal Labor Regulations with regard to the employment of minors age 14-17 [TAC §817.21 & 817.23] which provides an exemption from the child labor provisions for ‘any child employed as an actor or performer in motion pictures or theatrical productions, or in radio or television productions’ [FLSA 570.125]. While a child age 16 or 17 has no restrictions on the number of hours or times of day they may work, there are hour restrictions for children ages 14 and 15, and they must provide proof of age.
Children under the age of 14, may only be employed as actors or performers in motion picture, theatrical, radio or television productions with prior authorization from the TWC, under limitation, with parental consent.
Hours of Employment:
* No more than eight hours in one day or 48 hours in one week.
* No earlier than 5 AM or later than 10 PM on any day that is followed by a school day; or later than 12 AM on any day that is followed by a non-school day. [Texas Ed. Code §51.013]
* Hours of work may be varied with parental consent. [Texas Admin Code 817.33 (3)]
* Employment may not be in a position declared hazardous by the TWC [Texas Admin Code 817.33 (2)]
* Employers must allow twelve hours to elapse between minor’s dismissal time and next day start time. [Texas Admin Code 817.33 (3)]
* No child shall be required to share a dressing room with an adult or member of the opposite sex. [Texas Admin Code 817.33 (4)]
* Children must be provided with a suitable place to rest and/or play. [Texas Admin Code 817.33 (5)]
* Parents must be within sight and sound at all times and accompany children to all make-up, wardrobe and hairdressing sessions. [Texas Admin Code 817.33 (6-7)]
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YES
In Texas, entertainment work permits are referred to as a Child Actor Authorizations and are only required for minors under 14. Minors age 14-17 are required to have proof of age, or a ‘Certificate of Age”. To obtain either document the following forms must be submitted to the Texas Department of Labor, TWC Labor Law Section, address listed below:
* Application form, signed by parent or guardian
* Proof of age (birth certificate, passport, etc.)
* Passport Photo
Be advised, that the Texas Workforce Commission needs at least 7 days turn around time.
Click here for proof of age form (14-17 Year Olds)
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NO
Permits are not required of the employer to employ a minor in entertainment.
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NO
We can find no evidence of any blocked trust account requirements in the state of Texas.
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YES
The state of Texas requires that no child actor under 14 years of age be employed in a manner that results in a failure to receive class credits because of unexcused class absences, or any violation of the State Compulsory School Attendance Law, [Texas Education Code §25.085]. No child actor under 14 years of age be employed more than two consecutive school days during a school year without being furnished a tutor for the child’s continuing education. It is the responsibility of the employer to provide a tutor who is certified to teach in Texas by either the Texas Education Agency or State Board for Educator Certification and shall make reasonable efforts to coordinate subjects and assignments with classroom teachers. [RULE §817.33 (9)]
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NO
As of September 1, 2011; With recent enactment of legislation (H.B. 3167) by the 82nd Texas Legislature, talent agencies are no longer required to be certified by the State of Texas.
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NO
The state of Texas does not recognize graduated minors as “legal 18”.
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Efrain Contreras
Program Intake Supervisor
Texas Workforce Commission
Fraud Deterrence & Compliance Monitoring Division
Wage and Hour Department
Phone Number 512-475-2817
Fax Number 512-524-6211
efrain.contreras@twc.texas.govAnna Colbert, Director
Texas Workforce Commission
Fraud Deterrence & Compliance Monitoring – Wage and Hour Department
737-667-5638 Tel
512-936-4261 Fax
anna.colbert@twc.state.tx.usAddress:
101 E. 15th Street, Room 514
Austin, Texas 78778