Dallas, TX asked in Employment Law for Texas

Q: A partner and I are opening a restaurant in Frisco. Can our 11 (almost 12) year old work there (even if for free)?

We do serve alcohol but we know you must be 18. We serve ice cream and they would serve some or wipe down tables/sweep. It’s just on weekends for a few hours.

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1 Lawyer Answer
Roy Lee Warren
Roy Lee Warren
Answered
  • San Marcos, TX
  • Licensed in Texas

A: If the 11/12 year old is your child, they can work but the type of work is limited as are the hours. See below. As for alcohol, believe it or not, if a minor is within eyesight of parent or guardian they can actually drink but to serve such beverages I think they must be 21.

Texas Labor Code:

Sec. 51.003. GENERAL EXEMPTIONS. (a) This chapter does not apply to employment of a child:

(1) employed:

(A) in a nonhazardous occupation;

(B) under the direct supervision of the child's parent or an adult having custody of the child; and

(C) in a business or enterprise owned or operated by the parent or custodian;

(2) 11 years or older engaged in delivery of newspapers to the consumer;...

Hope this helps.

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