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Updates from the Office of the Commissioner Representing Employers





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TBT Banner Feb




Texas Employers,

February is Career and Technical Education (CTE) Month, and I want to highlight the value of CTE programs across the state and the achievements of students who pursue high-skill technical careers.

Texas continues to attract employers in aerospace, manufacturing, life sciences, and other advanced technology industries, and they will need workers with strong technical and soft skills to fill new jobs. TWC is dedicated to helping Texas employers train and upskill our new and emerging workforce.

TWC supports CTE programs through various initiatives like the Dual Credit Program [ [link removed] ] and the Jobs and Education for Texans [ [link removed] ] (JET) grant program. Funded through the Skills Development Fund (SDF) grant program, dual credit allows high school students to attend college-level classes that address the needs of local industries. The JET grant program helps schools create and expand training programs for in-demand jobs. These two grant programs have supported the creation of more than 430,000 jobs across Texas and equipped more than 50,000 students with the skills to succeed in these fields.

In our state we have elected leadership who understand that investing in the workforce of the future is an investment in the prosperity of Texas. Gov. Greg Abbott directed at his State of the State Address on Feb. 2, 2025, that expanding career training is an emergency item for the 89th Legislative Session.

I look forward to supporting employers and students in this initiative in 2025.

- Joe Esparza, Commissioner Representing Employers

Commissioner Esparza Updated Email Signature
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Texas Business Minute
el paso TBM feb [ [link removed] ]
 

Click here to watch the video [ [link removed] ]

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2025 Texas Conference for Employers

tce [ [link removed] ]
* *February 21:* Mission - Sign Up [ [link removed] ]
* *March 7: *Midland - Sign Up [ [link removed] ]
* *April 11:* Uvalde - Sign Up [ [link removed] ]
* *April 25: *Denton
* *May 9:* Amarillo
* *June 13:* Victoria
* *August 8: *Abilene
* *August 22: *Round Rock
* *September 5:* Dallas 


*More Info* [ [link removed] ]


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Picture of Tommy Simmons legal counsel to Commissioner Esparza
*Texas Legislation – 89th General Session – 2025*

*By: Tommy Simmons*

"Legal Counsel to Commissioner Joe Esparza
"

The 2025 general session of the Texas Legislature will extend from January through the end of May, 2025. It will be very important for Texas employers due to the significant number of employment-related bills that have been and will be filed this year. Although not all bills make it into the law, all of the bills are important because they tend to reflect what is on the minds of the members of the Legislature and of the voters who elect them. Moreover, some bills that do not pass in one session may pass in a future session, so they serve as predictors of legal trends in the state. With that in mind, here is a survey of some of the significant employment-related legislation that has been filed up through the end of January, 2025. The list is organized into subject areas and shows the bill number and the bill caption indicating the subject matter of the bill:

*Civil Rights - Discrimination*

HBs 302; SB 361



Relating to a prohibition of employment discrimination on the basis of reproductive decisions and certain employment agreements limiting reproductive decisions.



HBs 715, 1111, 1164; SB 150



Relating to the prohibition of certain discrimination based on sexual orientation or gender identity; providing an administrative penalty.



HB 835



Relating to unlawful employment practices with respect to compensation and wage history.



*
Employee / Family Leave*

HB 317



Relating to an employee's right to time off from work if the employee experiences a reproductive loss.



HBs 822, 841, 1880



Relating to requiring certain employers to provide paid sick leave to employees.



HB 1351



Relating to employment leave for certain family or medical obligations.



*
Human Resources – General / Non-Leave Benefits*

HB 1191



Relating to inquiries about and the consideration of criminal history record information regarding an applicant for employment.



HB 1882



Relating to the authority of a business to establish certain employee-related groups or practices.



*
Immigration / E-Verify*

HBs 1308, 1488; SB 324)



[E-Verify requirements for public and private employers.]



HB 2351



Relating to prohibiting the employment of persons not lawfully present; creating a criminal offense.



*
Pay / Wage and Hour*

HBs 193, 419, 691, 812, 836



Relating to the minimum wage.



HB 669



Relating to a database of employers penalized for failure to pay wages or convicted of certain criminal offenses involving wage theft.



HB 1665



Relating to the payment of gratuities to certain employees.



HB 1676



Relating to the period during which an employee may file a claim for unpaid wages with the Texas Workforce Commission.



*
Regulatory / Finance / Enforcement / Criminal Penalties*

HB 794



Relating to limitations on the enforcement of certain occupational regulations.



HB 2093



Relating to cardiopulmonary resuscitation certification requirements for certain food service establishment employees.



HB 2308



Relating to the establishment of the Texas Commission on Border Security and Illegal Immigration.



SB 978



Relating to the repeal of the exception to the offense of unlawfully prohibiting an employee from voting.



*
Unemployment Insurance*

HB 199



Relating to the maximum amount of unemployment benefits payable to an individual during a benefit year under the state unemployment insurance program.



HB 1362; SB 543



Relating to eligibility for unemployment compensation for employees who leave the workplace due to sexual harassment.



HB 1567



Relating to the eligibility for unemployment compensation of certain employees who leave the workplace to care for a minor child.



HB 1843



Relating to requirements regarding an employee's normal weekly hours of work under the shared work unemployment compensation program.



*
Workers’ Compensation*

HB 480; SB 338



Relating to required provision of workers’ compensation insurance coverage for employees of building and construction contractors and subcontractors.



" "



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elsa ramos
*To Ask or Not to Ask: Criminal History Inquiries During Hiring*

By: Elsa Ramos

"Legal Counsel to Commissioner Joe Esparza"

“Ban the Box” or “Fair Chance Hiring” is a practice or policy that seeks to remove questions about an applicant’s criminal history from job applications. The purpose is to give individuals who have been previously arrested or convicted of a crime a chance of being considered for employment based on their qualifications, rather than being automatically excluded from consideration. 

*Across the Country*

Many states [ [link removed] ] have implemented statewide laws or policies which prohibit employers from asking about an applicant’s criminal history on job applications. In some states, laws or policies affect only public employers, while a few states have extended the ban to private employers. 

Depending on the state, the requirements of “Ban the Box” legislation can vary greatly. Some states delay asking about an applicant’s criminal record until the job interview. Some prohibit background inquiries until a job offer has been made. Others allow employers to consider convictions after reviewing the application and discussing employment with the applicant.

Texas is not among these states. 

*In Texas*

Texas does not ban these types of inquiries during the hiring process or employment.  While a few Texas cities and counties had implemented “Ban the Box” ordinances a few years ago, in 2023, the Texas Regulatory Consistency Act [ [link removed] ] preempted local laws that conflicted with state law. 

*Federal Law*

Aside from The Fair Chance to Compete for Jobs Act [ [link removed]. ], the federal government does not have a statute that specifically restricts employers in any state from asking about an applicant’s criminal history.  However, the Equal Employment Opportunity Commission (EEOC) has noted that disqualifying applicants from consideration for employment, or making adverse employment decisions of current employees, *based solely* on their criminal history, may have a disparate impact on certain minority groups. 

This could result in claims of employment discrimination under Title VII of the Civil Rights Act based on the legally protected characteristics of race and national origin.  Title VII [ [link removed] ], which applies to employers *with at least 15 employees*, prohibits discrimination in employment based on certain characteristics [ [link removed] ].

*EEOC Guidelines*



feb stock photo tbt

In evaluating disparate impact discrimination claims based on race or national origin, the EEOC looks at an organization’s policies and/or actions, related to investigations or inquiries into background checks, to determine whether the organization’s hiring practices are “job related and consistent with business necessity.”  The EEOC has established some guidelines [ [link removed]. ] for employers to follow:


* Arrests and convictions should not be treated the same. Arrests alone are not proof of criminal conduct. Convictions, on the other hand, are usually sufficient evidence that individuals engaged in specific conduct or behavior.  Because of this difference, employers should not make employment decisions based solely on an arrest record.


* In determining whether specific criminal conduct is job-related and consistent with business necessity, employers should consider: 1) the nature of the offense or conduct, 2) the length of time that has passed since the offense or disposition of the case, and 3) the nature of the job in question. The EEOC’s website includes detailed explanations and examples [ [link removed] ] of these factors.  Employers are not required to hire people with criminal convictions, but the EEOC recommends that employers individually assess an applicant using these three factors before deciding to deny employment based on a prior criminal record.


* If state and local jurisdictions have laws or regulations that prohibit employers from hiring or employing individuals with certain criminal convictions, such as the licensing requirements for nursing homes and childcare facilities in Texas, then these businesses should follow these requirements.

*In Conclusion*

Most employers in Texas are free to ask about, and consider, criminal histories during any point of the hiring process or employment relationship.  However, by refraining from asking about criminal histories in job applications, employers minimize the risk of discrimination claims for employment decisions made based on an individual’s criminal record.

A best practice would be to wait to inquire about an applicant’s criminal background until the employer is ready to make a job offer.  Employers can make job offers conditional on applicants agreeing to, and passing, a criminal history check.  (Please note: Employers must comply with the Fair Credit Reporting Act when performing background checks. To ensure compliance with federal law, employers should review guidance [ [link removed] ] from the Federal Trade Commission.)

If the applicant’s criminal background reveals any incidents that are of concern to the employer, applying the EEOC’s guidelines before taking any adverse employment action will assist the employer in showing that its decision was made on factors which were job-related and consistent with business necessity.



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Another Week of Available Work: A Podcast with Commissioner Joe Esparza

AWAWA TBT [ [link removed] ]

Click here to listen on Spotify [ [link removed] ]

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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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