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Updates from the Office of the Commissioner Representing Employers |
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Texas Employers,
Welcome to the November issue of Texas Business Today!
November is National Veterans and Military Families Month, and I want to thank every Veteran today for their service to our country!
Texas is home to more Veterans and more women Veterans than any other state – and it’s because we continue to take care of our own.
As more than 22,000 service members exit the military each year, they have the choice to stay in Texas or return from their last duty stations all over the world – I enjoy claiming “Veterans” are our most treasured natural resource!
We’re the top state for Veteran benefits, and it’s important that we continue to serve those who served, and do so with priority, resources, and commitment.
Texas employers know that Veterans bring value to the workplace through the extensive training, leadership, and a unique and motivated work ethic gained in service to our country.
Hiring Red, White, and You! events connect Veterans and their spouses with employers who recognize those traits and are ready to hire them. I highly encourage all Veterans to attend a HRWY hiring event to network with local employers.
Over the past 14 years, Hiring Red, White, & You! has connected 26,000 employers with 153,000 job seekers. It has also resulted in thousands of same-day, direct hires.
Employers – you can signal that you’re a Veteran-friendly business by joining 1,400 employers in the We Hire Vets Employer Program, which recognizes companies employing at least 10% military Veterans.
From navigating the transition to civilian life to connecting with meaningful careers, let’s continue to work together to provide Veterans with essential resources and job opportunities to succeed in Texas.
- Joe Esparza
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Texas Business Minute
Texas Conference for Employers
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January 9, 2026: Victoria - Sign Up
February 6, 2026: Big Spring - Sign Up
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Busy Times in a Busy Season: Seasonal Work Considerations
By: Samantha N. Acuña
Legal Counsel to Chairman Esparza
As the holiday season approaches, employers may question whether seasonal work may be of benefit in hectic and busy times. These hiring agreements are quite common at this time of year, but some may wonder what comes along with hiring seasonal employees. First, we will go through employer considerations before discussing what happens after your seasonal employees onboard.
Weighing the Options
Some questions to consider when weighing the options of seasonal work include:
- How long does the busy season at our workplace last?
- How many seasonal employees should we onboard?
- Do we have any past seasonal workers who would like to return this season?
- Do any of the employees need to work overtime?
- Can hiring more seasonal employees offset the amount of overtime employees are working?
A lot of these questions are dependent on the type of workplace and workforce your business has. As you consider these questions above, if more come to mind, reach out to a private sector employment attorney who can assist in evaluating your company’s needs should your company have an interest in hiring more seasonal workers.
Onboarding and Beyond
Once seasonal employees begin their roles, it is important to be clear and consistent on what the expectations are on both ends of the employer-employee relationship. Employers are required to adhere to the FLSA (https://efte.twc.texas.gov/flsa_does_and_doesnt_do.html) and Texas Payday Law (https://efte.twc.texas.gov/texas_payday_law_basics.html) when it comes to seasonal employees. During these busy times, overtime becomes quite common, so keep distribution of labor between regular employees and seasonal employees in mind. Longer shifts and more working days may trigger overtime pay.
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Additionally, there comes a time where seasonal work may wind down and it is time to offboard seasonal employees. It is possible to keep some seasonal workers as regular employees if they accept and agree to the changes in the work relationship. As this involves changes to the original working conditions, it is best to notify and ensure both employee and employer are on the same page. For best practices, keep documentation of employment terms, like working days, policies on overtime, and role expectations to avoid any misunderstandings or confusions.
Finally, after offboarding the seasonal employees, unemployment benefits inquiries may arise. To be clear, for unemployment benefits eligibility, employees must be either unemployed or working reduced hours through no fault of their own, see more about it here: https://efte.twc.texas.gov/ui_law_eligibility_issues.html. When it is time to offboard employees, it is important to remember that they will be separated due to no fault of their own. As such, this will impact the employer on a case-by-case basis because different factors impact an unemployment claim, as seen in: https://efte.twc.texas.gov/how_ui_claims_affect_employers.html. For questions about these, or other employee-related topics, please do not hesitate to call 1-800-832-9394, option 4, or email [email protected].
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Another Week of Available Work:
A Podcast with Chairman Joe Esparza
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.
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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