Updates from the Office of the Commissioner Representing Employers





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Texas Employers,

Welcome to the December issue of "Texas Business Today!"

I was thrilled to participate this month in my second TWC Annual Conference and meet partners in workforce development from across the state. Since my appointment one year ago, I’m no less impressed by the sheer magnitude of the Texas Workforce System and the impact that our programs have on employers, workers, and students.

To keep our momentum, we must intentionally tap into all our resources. That includes our veterans, people with disabilities, foster youth – before they age out – and second chance citizens who want to be positive contributors to our workforce. 

I invited remarkable representatives from Toyota, Baylor Scott & White, and Vets2PM to join me for a panel discussion to explore ways employers can expand their talent pipelines. Their expertise and experiences created an inspiring conversation, and I couldn’t be happier to carry these lessons into the new year.

As we near the end of 2024, I want to express that I sincerely appreciate all of you who have taken time to meet with me and share your insights, innovations, and business ingenuity. You are the reason that Texas is the best place to do business, start a business and work, live and play.

Merry Christmas and Happy Holidays!

- Joe Esparza, Commissioner Representing Employers

Commissioner Esparza Updated Email Signature
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Texas Business Minute
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2025 Texas Conference for Employers Schedule Released

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* *January 17: *Lake Jackson* - *Sign Up [ [link removed] ]
* *January 24:* El Paso - Sign Up [ [link removed] ]
* *February 21:* Mission - Sign Up [ [link removed] ]
* *April 11:* Uvalde
* *May 9:* Amarillo
* *June 13:* Victoria
* *September 4-5:* Dallas 


*More Info* [ [link removed] ]


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Mario Hernandez
*Personnel Files: More Than Just Paper in Folders?*

By: Mario Hernandez

Legal Counsel to Commissioner Joe Esparza

Employers have a lot to keep up with at their workplaces. Whether it’s hiring, firing, promoting, demoting, warning, investigating, or anything else, documentation often follows. A common place to find this documentation is in the employer’s personnel files. So, what kind of considerations should employers keep in mind regarding personnel files?

*_Who Controls the Personnel File?_*

The general rule is that personnel files are the property of the employer. Sometimes we get calls on our employer hotline (800-832-9394) with questions about whether employers are required to provide copies of an employee’s personnel file to the employee upon request. Generally, the answer is no. However, if they so choose, employers may allow supervised access and copying of the file at the employee’s cost.

In addition, there are exceptions to the general rule. One exception pertains to public employees who are entitled to request copies of their personnel file under the Public Information Act. Another exception has to do with OSHA-required records of the employee’s work-related illnesses and injuries. For more information, please visit: [link removed].

*_How Should the Personnel File Be Organized?_*

Employers have a lot of flexibility in the organization of their personnel files. However, pursuant to the Americans with Disabilities Act, an employee’s medical information and medical records must be kept away from the regular personnel files in a separate, confidential file. This includes any records pertaining to The Family and Medical Leave Act (FMLA) and Workers’ Compensation. Also, it would be a best practice for employers to keep I-9 records, safety records, and grievance and investigation records in their own separate, confidential files as well. For more information, please visit: [link removed].



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*_How Long Should a Company Keep Personnel Files?_*

A personnel file could contain a lot of different records, and different records can have different retention requirements. The general guidance is to keep all employment-related records for at least 7 years after the employee has left the company to exhaust most statutes of limitations related to common law causes of action in Texas.

However, there’s always an exception to the rule. That exception pertains to any records that deal with employees who have been exposed to hazardous materials. Employers are required to keep those records for at least thirty (30) years following the employee’s separation from the company. For more information, please visit: [link removed].

*_Other Considerations_*

The employer should develop a policy that controls who has access to personnel files. Since personnel files contain sensitive information, only those that need to access those files should have permission to do so. You can view a sample personnel files policy by visiting the following link: [link removed]. In addition, employers should be aware that anything in a personnel file relating to an employee is discoverable in a claim or lawsuit related to that employee.

*_Conclusion_*

Employers should take care in the maintenance of their personnel files. By adopting best practices related to personnel files, employers will be in a better position to ensure that sensitive and confidential information will remain safe and secure.



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Updated Texas Employer Hotline

Texas Business Today is provided to employers free of charge

Texas Business Today is a monthly update devoted to a variety of topics of interest to Texas employers. The views and analyses presented herein do not necessarily represent the policies or the endorsement of the Texas Workforce Commission. Articles containing legal analyses or opinions are intended only as a discussion and overview of the topics presented. Such articles are not intended to be comprehensive legal analyses of every aspect of the topics discussed. Due to the general nature of the discussions provided, this information may not apply in each and every fact situation and should not be acted upon without specific legal advice based on the facts in a particular case.

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Connect with the Office of the Commissioner Representing Employers

Email: [email protected]
Mail: Commissioner Representing Employers
101 E. 15th St., Rm 630
Austin, TX 78778








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This email was sent to [email protected] using GovDelivery Communications Cloud on behalf of: Texas Workforce Commission · 101 E 15th St, Rm 665 · Austin, TX 78778-0001 GovDelivery logo [ [link removed] ]



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