reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 815 - UNEMPLOYMENT INSURANCE › Subchapter C - TAX PROVISIONS › Section 815.119 - Payment of Voluntary Contributions

Current through Reg. 49, No. 28; July 12, 2024
Texas Labor Code, §
										204.048(a),
					 provides that an employer that is eligible for an annual Experience Rate
					 calculation under §
										204.041,
					 Labor Code, may elect to make a voluntary payment of contributions to the
					 agency.
(1) The agency will notify
				  employers eligible for an annual rate calculation under §
										204.041,
				  Labor Code, of the experience tax rate for the following year and the amount of
				  charges that were used in calculating that rate.
(2) Voluntary contribution shall be due not
				  later than the 60th day after the date on which the commission mails the
				  employer's annual tax rate notice. When the last day for payment of voluntary
				  contributions falls on a Saturday, Sunday, or a legal holiday on which the
				  agency office is closed, the payment may be made on the next regular business
				  day.
(3) The agency may extend the
				  due date for the payment of voluntary contributions; however, the extension may
				  not exceed 75 days from the date on which the commission mails the employer's
				  annual rate notice. In no situation may the extension exceed the date imposed
				  by the deadline in §
										204.048(e),
				  Labor Code.
(4) If the voluntary
				  contribution payment is insufficient to cause a decrease in the tax rate, the
				  agency will notify the employer and grant an extension, not to exceed 75 days
				  from the date on which the commission mails the employer's annual tax rate
				  notice to remit additional voluntary contributions, subject to the limitations
				  imposed by §
										204.048(e),
				  Labor Code.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 815 - UNEMPLOYMENT INSURANCE › Subchapter C - TAX PROVISIONS › Section 815.129 - Surety Bond

Current through Reg. 49, No. 28; July 12, 2024
(a) A governmental
				  employer, a nonprofit organization, or the group representative of a group
				  account that elects to become liable for reimbursements shall furnish a surety
				  bond on a form furnished or approved by the Agency within 30 days after a
				  request by the Agency for the bond is mailed to the governmental employer,
				  nonprofit organization, or group representative.
(b) The amount of the surety bond shall be a
				  percentage of the projected amount of wages which would be subject to tax if
				  the employer was an employer liable for contributions under the Act. The
				  percentage used in determining the amount of the bond shall be equal to the
				  maximum tax rate that any employer who is liable for contributions during the
				  year would have to pay under the Act. The amount of taxable wages which the
				  employer is expected to pay during the next 12 months shall be determined by
				  the Agency after considering all available information.
(c) The surety bond shall be executed by a
				  licensed surety company authorized to do business in the State of Texas, and
				  the surety bond must be approved by the Agency.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 815 - UNEMPLOYMENT INSURANCE › Subchapter C - TAX PROVISIONS › Section 815.130 - Landmen Contracts

Current through Reg. 49, No. 28; July 12, 2024
For purposes of the Act, §201.077, a contract covering
					 services by a landman shall contain provisions which would support a finding
					 that the landman is to be treated as an independent contractor. A statement
					 that the landman is to be treated as an independent contractor will not be
					 sufficient. When the Agency determines that a written contract does not
					 accurately reflect the relationship between the parties because the landman is
					 being treated as an employee, then this exemption will not
					 apply.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 815 - UNEMPLOYMENT INSURANCE › Subchapter C - TAX PROVISIONS › Section 815.131 - Computation of Contribution Rates

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Computations of contribution rates under the Act, Chapter 204, will be made in
				  accordance with work sheets that may be obtained from the Texas Workforce
				  Commission, 101 East 15th Street, Austin, Texas 78778-0001.
(b) In calculating the replenishment ratio
				  and replenishment rate for a calendar year, the Agency shall determine the
				  amount of benefits that are paid during the 12 month period ending September 30
				  of the preceding year that are charged to employers' accounts after the
				  employers have reached maximum liability because of the maximum tax rate. An
				  employer who, at the computation date at the beginning of the 12-month period,
				  was eligible for an experience tax rate, and who had a general tax rate of 6.0%
				  as of January 1 of the 12-month period, will be included in the calculation of
				  benefits charged to the employers after the employers have reached maximum
				  liability, and will be included for the entire 12-month period. Any other
				  employer with a general tax rate of 6.0% for one or more calendar quarters
				  within the 12-month period will be included in the calculation, but only for
				  the quarters for which the employer has a general tax rate of 6.0%. For any
				  employer included in this calculation, the amount charged to the employer's
				  account after the employer has reached maximum liability because of the maximum
				  tax rate will be the amount by which the benefits charged to the employer's
				  account exceed 6.0% of the employer's wages (as defined in the Act,
				  §§201.081-201.082), with both the benefits charged and the wages
				  being for the period for which the employer is included in the calculation as
				  previously defined.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 815 - UNEMPLOYMENT INSURANCE › Subchapter C - TAX PROVISIONS › Section 815.132 - Computation of Unemployment Obligation Assessment

Current through Reg. 49, No. 28; July 12, 2024
(a) Texas Labor Code §
										203.105,
				  V.T.C.A. provides that the Commission shall collect an unemployment obligation
				  assessment, also referred to as an assessment, from each employer eligible for
				  an experience tax rate if, after January 1 of a year, an interest payment on an
				  advance from the federal trust fund will be due and the estimated amount
				  necessary to make the interest payment is not available in the obligation trust
				  fund or available otherwise; or bond obligations are due and the amount
				  necessary to pay in full those obligations, including bond administrative
				  expenses, is not available in the obligation trust fund or available
				  otherwise.
(b) When the Commission
				  determines that an assessment as referred to in the paragraph above will be due
				  after January 1 of a year, the Commission shall compute the assessment rate
				  using the formulas set out below in this section, before November 20th of the
				  year prior to the year of the assessment. This rate shall be published in the
Texas Register.
(c) The calculation for the unemployment
				  obligation assessment rate is the sum of subsection (d) and (e) of this
				  section.
(d) The rate for the
				  portion of the assessment that is to be used to pay an interest payment on
				  federal loans shall not exceed two tenths of one percent. The rate shall be
				  calculated by dividing two hundred percent (200%) of the additional amount
				  estimated to be needed to pay interest due, as determined by the Agency, by the
				  estimated total taxable wages for the 1st and 2nd quarters of the year in which
				  the interest is due, and rounded up to the next hundredth.
(e) The rate for the portion of the
				  assessment that is to be used to pay a bond obligation is a percentage of the
				  product of the unemployment obligation assessment ratio and the sum of the
				  employer's prior year general tax rate, the replenishment tax rate and the
				  deficit tax rate. The percentage, to be determined by Commission resolution,
				  shall not exceed 200%.
(1) The Unemployment
				  Obligation Assessment Ratio is computed by:
(A) dividing the numerator computed under
				  paragraph (2) of this subsection by the denominator described in paragraph (3)
				  of this subsection; and
(B)
				  rounding that result up to the next hundredth.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 815 - UNEMPLOYMENT INSURANCE › Subchapter C - TAX PROVISIONS › Section 815.133 - Professional Employer Organizations and Temporary Help Firms

Current through Reg. 49, No. 28; July 12, 2024
(a) A professional employer organization
				  licensed by the Texas Department of Licensing and Regulation under Texas Labor
				  Code Chapter 91 shall be the employer of the workers it provides to a client.
				  If the professional employer organization is not licensed by the Texas
				  Department of Licensing and Regulation, then the Agency shall determine that
				  the client is the employer.
(b) A
				  temporary help firm is the employer of an individual employed by the firm as a
				  temporary employee. As defined in the Act, §201.011(21), a temporary help
				  firm is a person who employs individuals for the purpose of assigning those
				  individuals to work for the clients of the temporary help firm to support or
				  supplement a client's workforce during employee absences, temporary skill
				  shortages, seasonal workloads, special assignments and projects, and other
				  similar work situations.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 815 - UNEMPLOYMENT INSURANCE › Subchapter C - TAX PROVISIONS › Section 815.134 - Employment Status: Employee or Independent Contractor

Current through Reg. 49, No. 28; July 12, 2024
(a) Subject to specific inclusions and
				  exceptions to employment enumerated in Chapter 201 of the Act, the Agency and
				  the Commission shall use the guidelines referenced in §
										821.5
				  of this title as the official guidelines for use in determining employment
				  status.
(b) Notwithstanding
				  subsection (a) of this section, in Title 4, Subtitle A of the Texas Labor Code,
				  "employment" does not include a marketplace contractor that satisfies the
				  requirements of paragraph (2) of this subsection.
(1) For purposes of this subsection:
(A) The term "digital network" means an
				  online-enabled application or website offered by a marketplace platform for the
				  public (including third-party individuals and entities) to use to find and
				  contact a marketplace contractor to perform one or more needed
				  services.
(B) The term "marketplace
				  platform" means a corporation, partnership, sole proprietorship, or other
				  entity operating in this state that:
(i) uses
				  a digital network to connect marketplace contractors to the public (including
				  third-party individuals and entities) seeking the type of service or services
				  offered by the marketplace contractors;
(ii) accepts service requests from the public
				  (including third-party individuals and entities) only through its digital
				  network, and does not accept service requests by telephone, by facsimile, or in
				  person at physical retail locations; and
(iii) does not perform the services offered
				  by the marketplace contractor at or from a physical business location that is
				  operated by the platform in the state.
(C) The term "marketplace contractor" or
				  "contractor" means any individual, corporation, partnership, sole
				  proprietorship, or other entity that enters into an agreement with a
				  marketplace platform to use the platform's digital network to provide services
				  to the public (including third-party individuals or entities) seeking the type
				  of service or services offered by the marketplace contractor.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 815 - UNEMPLOYMENT INSURANCE › Subchapter C - TAX PROVISIONS › Section 815.135 - Voluntary Election by Employers

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Each employer electing coverage under Chapter 206 of the Act shall make this
				  election in writing on an Agency-specified form or electronic
				  equivalent.
(b) Each employer
				  electing to pay reimbursements for benefits, rather than contributions, shall
				  make this election:
(1) in writing on the
				  Agency-specified form or electronic equivalent; and
(2) in compliance with the requirements of
				  Chapter 205, Subchapter A, of the Act.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 815 - UNEMPLOYMENT INSURANCE › Subchapter C - TAX PROVISIONS › Section 815.136 - Earned Income Tax Credit

Current through Reg. 49, No. 28; July 12, 2024
This section provides information to employers on the
					 acceptable information to be provided to employees on the federal Earned Income
					 Tax Credit (EITC) as required by Texas Labor Code, Chapter 104. The information
					 regarding general eligibility requirements for the federal EITC in Texas Labor
					 Code §
										104.002
					 means IRS Notice 797 or a written statement that provides the same wording as
					 IRS Notice 797.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 815 - UNEMPLOYMENT INSURANCE › Subchapter D - FARM AND RANCH LABOR › Section 815.150 - Definition of Terms

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms shall apply to the Act,
					 §§201.028, 201.047, and 204.009, concerning farm and ranch labor, and
					 shall have the following meanings unless the statute or context clearly
					 indicates otherwise.
(1) Agricultural
				  association--Any nonprofit or cooperative association of farmers, growers, or
				  ranchers incorporated or qualified under state law, which recruits, solicits,
				  hires, employs, furnishes, or transports migrant or seasonal agricultural
				  workers.
(2) Agricultural
				  employer--Any individual who owns or operates a farm, ranch, processing
				  establishment, cannery, gin, packing shed, or nursery or who produces or
				  conditions seed, and who either recruits, solicits, hires, employs, furnishes,
				  or transports any migrant or seasonal agricultural workers.
(3) Farm labor contracting activity--The
				  recruiting, soliciting, hiring, employing, furnishing, or transporting of
				  migrant or seasonal agricultural workers.
(4) Farm labor contractor--Any individual,
				  other than an agricultural employer, an agricultural association, or an
				  employee of an agricultural employer or agricultural association, who, for any
				  money or other valuable consideration paid or promised to be paid, performs any
				  farm labor contracting activity.
(5) Farm and ranch labor--Includes all
				  services performed:
(A) On a farm or ranch in
				  the employ of an individual in connection with cultivating the soil; raising or
				  harvesting an agricultural or horticultural commodity, including the raising,
				  shearing, feeding, caring for, training, and management of livestock, bees,
				  poultry, and fur bearing wildlife; or
(B) In the employ of the owner, tenant, or
				  other operator of a farm or ranch, in connection with the operation,
				  management, conservation, improvement, or maintenance of such farm or ranch and
				  its tools and equipment, if the major part of such service is performed on a
				  farm or ranch.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 815 - UNEMPLOYMENT INSURANCE › Subchapter E - CONFIDENTIALITY AND DISCLOSURE OF STATE UNEMPLOYMENT COMPENSATION INFORMATION › Section 815.161 - Scope and Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose of
				  this subchapter is to implement the federal regulations, 20 C.F.R. Part 603,
				  and state law, Texas Labor Code, Chapter 301, Subchapter F, regarding the
				  confidentiality, custody, use, preservation, and disclosure of unemployment
				  compensation information.
(b) This
				  subchapter is limited to the confidentiality requirements in federal and state
				  laws and regulations specifically regarding unemployment information. Other
				  laws and regulations may impose additional limitations on the release, custody,
				  use, preservation, and disclosure of information maintained in unemployment
				  insurance records.
(c) This
				  subchapter does not:
(1) limit or waive any
				  right or obligation of the Agency, party to a claim, employer, or third party
				  to invoke limitations or confidentiality requirements based on such separate
				  laws or regulations; or
(2) address
				  any right or obligation a party to an unemployment compensation claim may have
				  to redisclose unemployment insurance information regarding his or her own claim
				  or unemployment insurance tax records obtained lawfully from the
				  Agency.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 815 - UNEMPLOYMENT INSURANCE › Subchapter E - CONFIDENTIALITY AND DISCLOSURE OF STATE UNEMPLOYMENT COMPENSATION INFORMATION › Section 815.162 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1) Confidential
				  unemployment compensation information--Unemployment compensation information in
				  Agency records, including identifying information regarding any individual or
				  past or present employer or employing unit, or any information that foreseeably
				  could be combined with other publicly available information to reveal
				  identifying information regarding the individual, employer, or employing
				  unit.
(2) Informed consent
				  release--A written grant of authorization that meets the requirements of §
										815.166
				  of this subchapter made by an individual or employer to a third party to allow
				  access to confidential unemployment compensation information. When a written
				  release is impossible or impracticable to obtain, the third party may present
				  such other form of consent as is permitted by the Agency.
(3) Party--The employer or claimant to whom
				  the confidential unemployment compensation information relates. A party
				  includes a base period employer that has appealed a notice of chargeback
				  regarding a specific claim. A party does not include any past or present
				  employer or claimant who is not the subject of the particular claim, except an
				  employer that appealed a notice of chargeback relating to an employee in the
				  chargeback period.
(4) Public
				  official--
(A) An official, agency, or public
				  entity within the executive branch of federal, state, or local government with
				  responsibility for administering or enforcing a law; or
(B) An elected official in the federal,
				  state, or local government.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 815 - UNEMPLOYMENT INSURANCE › Subchapter E - CONFIDENTIALITY AND DISCLOSURE OF STATE UNEMPLOYMENT COMPENSATION INFORMATION › Section 815.163 - Disclosure of Confidential Unemployment Compensation Information

Current through Reg. 49, No. 28; July 12, 2024
(a) The Agency shall not disclose
				  confidential unemployment compensation information except in compliance with
				  federal law, state law, and this subchapter.
(b) Notwithstanding any other provision of
				  this chapter, confidential unemployment compensation information shall not be
				  disclosed if such disclosure interferes with the efficient administration of
				  the state unemployment compensation law. In evaluating interference with
				  efficient administration, the Agency may consider factors including, but not
				  limited to, the burdensomeness of the request and whether the request places an
				  employer's or individual's privacy at unacceptable risk.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 815 - UNEMPLOYMENT INSURANCE › Subchapter E - CONFIDENTIALITY AND DISCLOSURE OF STATE UNEMPLOYMENT COMPENSATION INFORMATION › Section 815.164 - Mandatory and Permissive Disclosures

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The Agency shall disclose confidential unemployment compensation information if
				  disclosure is necessary for the proper administration of the unemployment
				  compensation program.
(b)
				  Disclosure necessary for the proper administration of the unemployment
				  compensation program includes, but is not limited to, disclosure required under
				  20 C.F.R.
				  §603.6 and disclosure to claimants,
				  employers, and third parties, as necessary, for purposes of unemployment
				  administration and adjudication processes under this chapter.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 815 - UNEMPLOYMENT INSURANCE › Subchapter E - CONFIDENTIALITY AND DISCLOSURE OF STATE UNEMPLOYMENT COMPENSATION INFORMATION › Section 815.166 - Informed Consent Release

Current through Reg. 49, No. 28; July 12, 2024
The Agency may disclose confidential unemployment
					 compensation information upon submission of an informed consent release as set
					 forth in this section. An informed consent release is a written release that
					 must be signed by the individual or employer, and must specify the
					 following:
(1) The information to be
				  disclosed;
(2) That the information
				  will be obtained through access of state government files;
(3) The purpose or purposes for which the
				  information is sought;
(4) That the
				  information obtained under the release will be used only for that
				  purpose;
(5) The individuals or
				  entities that may receive the information; and
(6) A purpose limited to assisting the
				  individual with obtaining a service or benefit, or meeting a federal or state
				  law requirement for the administration or evaluation of a public program to
				  which the release pertains.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 815 - UNEMPLOYMENT INSURANCE › Subchapter E - CONFIDENTIALITY AND DISCLOSURE OF STATE UNEMPLOYMENT COMPENSATION INFORMATION › Section 815.167 - Subpoenas and Court Orders

Current through Reg. 49, No. 28; July 12, 2024
The Agency may disclose confidential unemployment
					 compensation information in compliance with:
(1) a court order specifically requiring such
				  disclosure; or
(2) a subpoena
				  issued by a local, state, or federal official, other than a court clerk,
				  provided the official possesses legal authority to obtain such information by
				  subpoena under state or federal law.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 815 - UNEMPLOYMENT INSURANCE › Subchapter E - CONFIDENTIALITY AND DISCLOSURE OF STATE UNEMPLOYMENT COMPENSATION INFORMATION › Section 815.168 - Charges for Disclosure of Unemployment Compensation Information

Current through Reg. 49, No. 28; July 12, 2024
(a) The Agency shall recoup the cost of
				  providing unemployment compensation information consistent with
				  20
				  C.F.R. §603.8. The Agency may charge
				  actual charges and may set standardized charges for items routinely
				  requested.
(b) The Agency may only
				  release unemployment compensation information for non-unemployment compensation
				  purposes to the following individuals if the unemployment compensation program
				  is reimbursed and there is a written, enforceable confidentiality agreement:
(1) Third-party requestors;
(2) Public officials; and
(3) Contractors of a public official provided
				  the public official remains liable for the actions of the contractor.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 815 - UNEMPLOYMENT INSURANCE › Subchapter F - EXTENDED BENEFITS › Section 815.170 - State "On" and "Off" Indicator Weeks

Current through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to §209.025 of the Act, if
				  full federal funding for Extended Benefits is available, a week is a state "on"
				  indicator week if:
(1) the average rate of
				  total unemployment in Texas (seasonally adjusted), as determined by the U.S.
				  Secretary of Labor, for the period consisting of the most recent three months
				  for which data for all states are published before the close of such week
				  equals or exceeds 6.5 percent; and
(2) the average rate of total unemployment in
				  Texas (seasonally adjusted), as determined by the U.S. Secretary of Labor, for
				  the three-month period referred to in paragraph (1) of this subsection, equals
				  or exceeds 110 percent of such average rate for either, or both, of the
				  corresponding three-month periods ending in the two preceding calendar years.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 815 - UNEMPLOYMENT INSURANCE › Subchapter F - EXTENDED BENEFITS › Section 815.171 - High Unemployment Period

Current through Reg. 49, No. 28; July 12, 2024
(a) If
				  the conditions under §
										815.170(a)
				  of this subchapter are met, and the average rate of total unemployment equals
				  or exceeds 8 percent, a high unemployment period shall exist.
(b) Effective with respect to weeks beginning
				  in a high unemployment period, the total extended benefit amount payable to an
				  eligible claimant for the claimant's eligibility period is the lesser of:
(1) 80 percent of the total amount of regular
				  compensation payable to the claimant during the claimant's benefit year under
				  the Act;
(2) 20 times the
				  claimant's average weekly benefit amount; or
(3) 46 times the claimant's average weekly
				  benefit amount, reduced by the regular compensation paid, during the claimant's
				  benefit year under the Act.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 815 - UNEMPLOYMENT INSURANCE › Subchapter F - EXTENDED BENEFITS › Section 815.172 - Concurrent Emergency Unemployment Compensation Programs

Current through Reg. 49, No. 28; July 12, 2024
The Agency may pay unemployment compensation benefits under
					 other emergency unemployment compensation programs that may be in effect prior
					 to paying Extended Benefits under this subchapter.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 815 - UNEMPLOYMENT INSURANCE › Subchapter F - EXTENDED BENEFITS › Section 815.174 - Financing of Extended Benefits

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Pursuant to §209.025 of the Act, if full federal funding for Extended
				  Benefits is available, the provisions of §209.082, Charges to Reimbursing
				  Employer, and §209.083, Charges to Taxed Employer, of the Act shall not
				  apply.
(b) The provisions of
				  §209.084, Charges to Governmental Employer, and §209.0845, Charges to
				  Indian Tribe, of the Act shall continue to apply.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 815 - UNEMPLOYMENT INSURANCE › Subchapter F - EXTENDED BENEFITS › Section 815.175 - Federal Waiver to Preserve Access to Extended Benefits

Current through Reg. 49, No. 28; July 12, 2024
Pursuant to §209.025 of the Act, if full federal
					 funding for Extended Benefits is available and the Agency is permitted to
					 reduce or eliminate the number of weeks between the end of an extended benefit
					 period and the beginning of a new extended benefit period required by
					 §203(b)(1)(B) of the Extended Unemployment Compensation Act of 1970, the
					 Agency shall reduce or eliminate the number of weeks accordingly to maximize
					 the receipt of any fully funded federal Extended Benefits. This section
					 operates retroactively, if applicable.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 815 - UNEMPLOYMENT INSURANCE › Subchapter G - CARES ACT PROVISIONS › Section 815.180 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following definitions shall apply to this subchapter:
(1) CARES Act--refers to the
				  Coronavirus Aid, Relief, and Economic Security Act, Public Law 116 - 136; TITLE
				  II--Assistance for American Workers, Families, and Businesses; Subtitle
				  A--Unemployment Insurance Provisions.
(2) FPUC--refers to the Federal Pandemic
				  Unemployment Compensation provisions of §2104 of the CARES Act.
(3) FRWW--refers to the Federally Reimbursed
				  Waiting Week provisions of §2105 of the CARES Act.
(4) MEUC--refers to the Mixed Earner
				  Unemployment Compensation provisions of §2104 of the CARES Act.
(5) PEUC--refers to the Pandemic Emergency
				  Unemployment Compensation provisions of §2107 of the CARES Act.
(6) PUA--refers to the Pandemic Unemployment
				  Assistance provisions of §2102 of the CARES Act.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 815 - UNEMPLOYMENT INSURANCE › Subchapter G - CARES ACT PROVISIONS › Section 815.181 - Coordination of CARES Act Programs

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  For a claimant who is eligible for regular compensation, including Unemployment
				  Compensation for Federal Employees (UCFE) and Unemployment Compensation for
				  Ex-servicemembers (UCX), the following order of payment applies:
(1) The claimant must first apply for and
				  receive regular compensation. The amount and duration of these benefits are as
				  defined by the Act;
(2) if the
				  claimant exhausts regular compensation, the claimant may then be eligible to
				  receive PEUC;
(3) if the claimant
				  exhausts PEUC and the state has "triggered on" to Extended Benefits (EB) under
				  Chapter 209 of the Act, the claimant may then be eligible to receive EB;
(4) if the State is not "triggered
				  on" to EB or the claimant exhausts EB, the claimant may then be eligible to
				  receive PUA. If the State "triggers on" to EB during the period in which the
				  claimant is collecting PUA and the claimant has not previously exhausted
				  entitlement to EB for the respective benefit year, then the claimant must stop
				  collecting PUA and file for EB; and
(5) the claimant meets the qualifications to
				  receive Trade Readjustment Allowances (TRA), such benefits will be payable
				  after regular compensation, PEUC, and EB if "triggered on," but prior to PUA.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 815 - UNEMPLOYMENT INSURANCE › Subchapter G - CARES ACT PROVISIONS › Section 815.182 - Appeals

Current through Reg. 49, No. 28; July 12, 2024
(a) A claimant may appeal an adverse FPUC,
				  FRWW, MEUC, PEUC, or PUA determination pursuant to the provisions and
				  timeframes of Chapter 212 of the Act and the provisions set out in §815.16
				  of this chapter (relating to Appeals to Appeal Tribunals from Determinations),
				  §815.17 of this chapter (relating to Appeals to the Commission from
				  Decisions), and §815.18 of this chapter (relating to General Rules for
				  Both Appeal Stages).
(b) An
				  employer is not a "party of interest," pursuant to §815.15(c) of this
				  chapter (relating to Parties with Appeal Rights), to an FPUC, FRWW, MEUC, PEUC,
				  or PUA determination and therefore does not have appeal rights. An employer may
				  appear at an FPUC, FRWW, MEUC, PEUC, or PUA hearing to offer evidence when
				  appropriate.
(c) When considering
				  an appeal involving FPUC and/or MEUC, the Appeal Tribunal and the Commission
				  shall look to the merits of the denial of the underlying benefit when
				  determining eligibility for FPUC and/or MEUC payments.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 815 - UNEMPLOYMENT INSURANCE › Subchapter G - CARES ACT PROVISIONS › Section 815.183 - Waiver

Current through Reg. 49, No. 28; July 12, 2024
FPUC, FRWW, MEUC, PEUC, and PUA are federal extended
					 unemployment compensation programs and therefore subject to §815.12 of
					 this chapter (relating to Waiver of Repayment and Recovery of Federal Extended
					 Unemployment Compensation Overpayments).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 815 - UNEMPLOYMENT INSURANCE › Subchapter G - CARES ACT PROVISIONS › Section 815.184 - Overpayments

Current through Reg. 49, No. 28; July 12, 2024
(a) Unless an FPUC, FRWW, MEUC, or PEUC
				  overpayment is otherwise recovered or waived, the Agency shall, during the
				  three-year period after the date the claimant received the payment of FPUC,
				  FRWW, MEUC, or PEUC to which the claimant was not entitled, recover the
				  overpayment by deductions from any sums payable to the claimant.
(b) Unless a PUA overpayment is otherwise
				  recovered or waived, the Agency shall recover the overpayment by deductions
				  from any sums payable to the claimant. A PUA overpayment is not subject to the
				  three-year period limitation stated in subsection (a) of this section.
(c) The Agency shall deduct 50
				  percent per each single deduction of the amount of FPUC, FRWW, MEUC, PEUC, or
				  PUA otherwise payable to the claimant to recover an overpayment.
(D) If a claimant has an unemployment
				  benefits overpayment with an appropriate agency in another state, and the
				  Agency has a reciprocal arrangement with that other state agency under
				  §211.004 of the Act, the Agency shall deduct 50 percent per each single
				  deduction of the amount of FPUC, FRWW, MEUC, PEUC, or PUA otherwise payable to
				  the claimant.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 815 - UNEMPLOYMENT INSURANCE › Subchapter G - CARES ACT PROVISIONS › Section 815.185 - Fraud

Current through Reg. 49, No. 28; July 12, 2024
(a) Unless otherwise conflicting with federal
				  statute or regulation, a penalty for fraudulently obtaining benefits under
				  §214.003 of the Act shall not apply to fraudulently obtained FPUC, FRWW,
				  MEUC, and PEUC benefits forfeited.
(b) The Agency and the Commission shall
				  examine the underlying payment or statement which precipitated the fraud
				  determination when examining FPUC and/or MEUC fraud.
(c) In determining disqualification for fraud
				  under PUA, the provisions of 20 CFR §625.14(i) shall
				  apply.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 815 - UNEMPLOYMENT INSURANCE › Subchapter H - COLLECTION ACTION › Section 815.190 - Service of a Notice of Assessment in General

Current through Reg. 49, No. 28; July 12, 2024
(a) This section applies to a service of a
				  notice of assessment under §213.032(a) of the Act.
(b) As used in this subchapter, service "in
				  another manner that is reasonably calculated to give the employer notice of the
				  assessment" shall be referred to as "substituted service."
(c) The Agency may attempt all forms of
				  service authorized by the Act. Additionally, the Agency may engage third-party
				  designees to provide service, including a process server, sheriffs or
				  constables, common carrier, or other courier service when attempting service,
				  as applicable.
(d) Service by
				  personal delivery and substituted service may be attempted at addresses other
				  than the address as shown by Agency records, including those designated under
				  Texas Business Organizations Code, Chapter 5 and from third-party background
				  and reporting agencies, online searches, and other government
				  records.
(e) When collecting an
				  overpayment of benefits from a claimant through a notice of assessment, as
				  authorized by §212.006(b) and §214.002(a)(3) of the Act, the term
				  "claimant" shall be substituted for the terms "employer" and "defaulting
				  employer" found in Chapter 213, Subchapters C and D of the Act, as applicable.
				  Collection by making a claimant assessment is limited to the third anniversary
				  after the benefit overpayment becomes final except as otherwise tolled by
				  §213.033 of the Act.
(f) A
				  party seeking to contest service shall do so under §213.032(c) of the
				  Act.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 815 - UNEMPLOYMENT INSURANCE › Subchapter H - COLLECTION ACTION › Section 815.191 - Service of a Notice of Assessment by Personal Delivery or Mail

Current through Reg. 49, No. 28; July 12, 2024
(a) This section applies to a service of a
				  notice of assessment under §213.032(a)(1) and (2) of the Act.
(b) An "employer's address as shown by
				  commission records" includes the employer's address as reported on its status
				  report, as provided under §
										815.3 of this chapter, or other
				  address maintained by the Agency for the purpose of corresponding with the
				  employer.
(c) Service of a notice
				  of assessment upon a claimant shall be served upon the claimant's address as
				  shown by Agency records. For service upon a claimant, this includes the address
				  as provided under §
										815.3(c) of this
				  chapter, or other address maintained by the Agency for the purposes of
				  corresponding with the claimant.
(d) The Agency or its designee may make
				  multiple service attempts by personal delivery and registered or certified mail
				  before attempting substituted service.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 815 - UNEMPLOYMENT INSURANCE › Subchapter H - COLLECTION ACTION › Section 815.192 - Service of a Notice of Assessment by Substituted Service

Current through Reg. 49, No. 28; July 12, 2024
(a) This section applies to substituted
				  service of a notice of assessment under §213.032(a)(3) of the
				  Act.
(b) The Agency may use the
				  following methods to effectuate substituted service:
(1) Those methods specifically mentioned by
				  the Texas Rules of Civil Procedure Rule 106(b);
(2) By Agency-established contact methods
				  including the Unemployment Tax Services and the Unemployment Benefits Services
				  portals or their equivalents;
(3)
				  Mail to another known address;
(4)
				  As set out in Texas Business Organizations Code, Chapter 5, and Civil Practice
				  and Remedies Code, Chapter 17; and
(5) Other means of service expressly
				  permitted or prescribed by state law.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 817 - CHILD LABOR › Subchapter A - GENERAL PROVISIONS › Section 817.1 - Title and Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) Title. These
				  rules may be cited as the Texas Child Labor Rules.
(b) Purpose. The purpose of these rules is to
				  implement and interpret the provisions of the Texas Labor Code, Chapter 51,
				  Employment of Children.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 817 - CHILD LABOR › Subchapter A - GENERAL PROVISIONS › Section 817.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter or
					 in Texas Labor Code, Chapter 51, shall have the following meanings.
(1) Applicant--A child or the child's parent,
				  legal guardian, legal custodian, or prospective employer.
(2) Business or enterprise operated by a
				  parent or custodian--A business or enterprise in which a parent or custodian
				  exerts active direct control over the entire operation of the business or
				  enterprise by making day-to-day decisions affecting basic income and work
				  assignments, hiring and firing employees, and exercising direct supervision of
				  the work.
(3) Business or
				  enterprise owned by a parent or custodian--A business or enterprise owned by a
				  parent or custodian as a sole proprietor, a partner in a partnership, or an
				  officer or member of a corporation.
(4) Casual employment--Employment that is
				  irregular or intermittent and not on a scheduled basis.
(5) Child--An individual under 18 years of
				  age.
(6) Child actor--A child under
				  the age of 14 who is to be employed as an actor or other performer.
(7) Child actor extra--A child under the age
				  of 14 who is employed as an extra without any speaking, singing, or dancing
				  roles, usually in the background of the performance.
(8) Direct supervision of the parent or
				  custodian--A child is employed under the direct supervision of a parent or
				  custodian when the parent or custodian controls, directs, and supervises all
				  activities of the child.
(9)
				  Employee--An individual who is employed by an employer for
				  compensation.
(10) Employer--An
				  entity who employs one or more employees or acts directly or indirectly in the
				  interests of an employer in relation to an employee.
(11) Employment--Any service, including
				  service in interstate commerce, that is performed for compensation or under a
				  contract of hire, whether written, oral, express, or implied.
(12) Executive director--The executive
				  director of the Texas Workforce Commission or the executive director's
				  designee.
(13) Private school--As
				  set forth in Texas Education Code, Chapter 5, a school that offers a course of
				  instruction for students in one or more grades from prekindergarten through
				  grade 12, and is not operated by a governmental entity.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 817 - CHILD LABOR › Subchapter A - GENERAL PROVISIONS › Section 817.3 - Employment of Children

Current through Reg. 49, No. 28; July 12, 2024
Employment of children not permitted by Subchapter B of
					 this chapter (relating to Limitations on the Employment of Children),
					 Subchapter C of this chapter (relating to Employment of Child Actors), or the
					 Texas Labor Code, Chapter 51, is prohibited.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 817 - CHILD LABOR › Subchapter A - GENERAL PROVISIONS › Section 817.4 - Statement of Commission Intent

Current through Reg. 49, No. 28; July 12, 2024
(a) In
				  adopting §
										817.21
				  of this title (relating to Limitations on the Employment of 14 and 15 Year Old
				  Children) and §
										817.23
				  of this title (relating to Limitations on the Employment of 16 and 17 Year Old
				  Children), the Commission intends for the federal child labor laws to govern
				  the employment of children in Texas, unless a provision of this chapter or
				  Texas Labor Code, Chapter 51, clearly indicates otherwise. The Commission so
				  intends only to the extent the federal laws are consistent with Texas Labor
				  Code, Chapter 51.
(b) In adopting
				  §
										817.24
				  of this title (relating to Limitations on the Employment of Children to
				  Solicit), the Commission recognizes and hereby implements the legislative
				  intent of Texas Labor Code §
										51.0145
				  to apply to the employment of children to sell or solicit products or services
				  usually in a door-to-door manner, but which occasionally takes other forms,
				  such as in parking lots or other common areas. The activity that is the subject
				  of this regulation has been variously labeled over the years as candy sales,
				  door-to-door sales, youth peddling, traveling youth crews, and other names. The
				  activity usually involves one or more recruiters or drivers and at least one
				  product supplier. The operation may involve taking children from lower income
				  neighborhoods to sell in higher income neighborhoods, using a name and
				  presentation that suggests the activity is aimed primarily at keeping the
				  children out of gangs and off drugs.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 817 - CHILD LABOR › Subchapter A - GENERAL PROVISIONS › Section 817.5 - Certificate of Age

Current through Reg. 49, No. 28; July 12, 2024
(a) To request a
				  certificate of age, an applicant must submit the following:
(1) a completed application on a form
				  provided by the Commission;
(2) a
				  recent photograph (color or black and white) approximately 1 1/2 inches by 1
				  1/2 inches, showing a full head shot of the applicant; and
(3) proof of age. A copy of one of the
				  following documents is required as proof of age:
(A) birth certificate;
(B) baptismal certificate showing the date of
				  birth;
(C) life insurance policy
				  insuring the life of the child reflecting the date of birth;
(D) passport or certificate of arrival in the
				  United States issued not more than one year prior to the date of application
				  for certificate; or
(E) the school
				  record or the school-census record of the age of the child, together with the
				  sworn statement of a parent, guardian, or person having custody of the child as
				  to the age of the child and also a certificate signed by a physician specifying
				  his opinion as to the age of the child, and the height, weight, and other facts
				  relating to development upon which his opinion concerning age is
				  based.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 817 - CHILD LABOR › Subchapter A - GENERAL PROVISIONS › Section 817.6 - Appeals

Current through Reg. 49, No. 28; July 12, 2024
Hearings conducted under Texas Labor Code, Chapter 51, are
					 subject to the rules and hearing procedures set out in the Unemployment
					 Insurance Rules at 40 TAC Chapter 815, except to the extent that such sections
					 are clearly inapplicable or contrary to provisions set out under the Texas
					 Child Labor Rules or under Texas Labor Code, Chapter 51.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 817 - CHILD LABOR › Subchapter B - LIMITATIONS ON THE EMPLOYMENT OF CHILDREN › Section 817.21 - Limitations on the Employment of 14- and 15-Year-Old Children

Current through Reg. 49, No. 28; July 12, 2024
The Commission adopts by reference 29 Code of Federal
					 Regulations (CFR) §§570.31 - 570.34 and §§570.70 - 570.72
					 in effect on the date this section is adopted or the successor rule to any such
					 regulation adopted by the U.S. Department of Labor, as state rules governing
					 the employment of 14- and 15-year-old children in Texas, to the extent that
					 they are consistent with the Fair Labor Standards Act (FLSA), 29 United States
					 Code (USC) §201 et seq. In the event of any inconsistency between federal
					 regulations and FLSA, FLSA shall take precedence. These rules apply to such
					 employment whether or not that employment is subject to FLSA. The application
					 of this section is limited to the extent it is consistent with Texas Labor
					 Code, Chapter 51.