Texas jobless rate fell to 7 percent in March

 Texas' unemployment rate dipped to 7 percent in March as hotels and restaurants increased hiring.

The Texas Workforce Commission announced Friday that the state added 10,900 jobs in March. A downward revision in the number of jobs created in February, though, boosted March's results. The state originally reported payrolls grew by 27,900 jobs in February, but now says a net 19,900 jobs were created — a reduction of 8,000 jobs.


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Texas' Jobless Rate Worst It's Been in Nearly 25 Years

The state's unemployment rate in July was the worst it's been in nearly a quarter of a century.
The state had a net gain of 29,300 jobs last month, yet the jobless rate rose to 8.4 percent from 8.2 percent in June, the Texas Workforce Commission reported Friday. The rate was 8.1 percent in July 2010.

The last time unemployment was this high was 24 years ago — July 1987 — during the state's oil and real estate bust.

Read the entire article here.

 

 

Texas Unemployment Law - Unemployment Overpayments

 We are frequently asked questions involving overpayment of unemployment from the Texas Workforce Commission (TWC):

  • What is an overpayment?
  • Why do I have an overpayment?
  • Must I repay an overpayment?
  • Why should I repay an overpayment?
  • Do overpayments elsewhere affect me?
What is an overpayment?
 
An overpayment happens when the Texas Workforce Commission (TWC) pays you unemployment benefits that you were not eligible to receive. You must repay benefits that you are not eligible to receive.
 
Why do I have an overpayment?
 
The TWC will mail you a Decision on Payment of Unemployment Benefits explaining why you have an overpayment, what weeks were overpaid, and the amount you must repay. Examples of what can cause an overpayment include:
  • Not reporting earnings or reporting the incorrect earnings amount when you request payment.
  • Giving false information about your job separation or work search.
  • Having your eligibility for benefits reversed due to an appeals hearing after receiving benefits.
Must I repay an overpayment?
 
Yes. You must repay all of the overpayment before the Texas Workforce Commission can pay you any additional benefits. If you are requesting benefits, continue to submit bi-weekly payment requests. The TWC will apply each eligible payment toward reducing your overpayment.  Don't stop submitting payment requests because the credit will only be applied if you continue requesting payment normally.
 
If you are no longer requesting benefits and cannot repay the entire amount at once, you can call the TWC at (512) 936-3338 and they will usually work with you to set up a repayment plan.
 
Why should I repay an overpayment?
 
You should repay an overpayment because:
  • The overpayment stays on your claim record until repaid in full.
  • The TWC will keep any future benefits until your overpayment is repaid.
  • While it is not done in every case, the TWC has the authority to take legal action against you to recover the money, including suing you in a civil court.
Do overpayments from other states affect me?
Yes they can. If you have an overpayment in another state, the other state may ask the TWC to send your benefits to that state until the overpayment is paid. If you have an overpayment in Texas and receive benefits from another state, the Texas Workforce Commission can ask that state to recover the money for the TWC.

 

Texas Unemployment Law - Staff Leasing Companies

When a company pays you through a staff leasing company, the name of the leasing company is on your paycheck or pay stub, and the leasing company is your employer. That means you must follow the staff leasing company’s rules, including those on requesting and completing assignments.
 
Q. Do the same laws apply to work for staff leasing companies that apply to work for temporary help agencies?
 
Yes and no. Different laws govern staff leasing companies. For example, if you work for a staff leasing company, you must still contact the staff leasing company by the next business day for a new assignment when your current assignment ends. However, you do not have to wait three business days before applying for benefits, as you must if you work for a temporary help agency.
 
Q. How will I know when to contact the staff leasing company?
 
When your assignment ends, the staff leasing company, or the business for which you completed the assignment, must give you a written notice advising you to contact the leasing company for another assignment.

Texas Unemployment Law - How Temporary Work Affects Your Benefits

Question: If I am working for a temporary agency, what do I need to do to make sure I can obtain unemployment benefits when the work ends?

Short Answer: Ask for a new assignment right away and wait 3 business days before applying for benefits.

Explanation:

If you are considering working for a temporary help agency, you should know that special rules could affect whether you receive unemployment benefits.

To be eligible for benefits, each time you complete an assignment for a temporary help agency you must:
  • Contact the temporary help agency in the manner it specifies, such as by e-mail, phone, or in person, by the next business day.
  • Give the temporary help agency three business days after your last assignment ends to offer you a new assignment before you apply for benefits. 
If your last work is with a temporary help agency, the Texas Workforce Commission (TWC) cannot pay you benefits, if you apply for benefits before seeking a new assignment and waiting three business days for an assignment.
 
The rules apply whether you are a full-time or part- time worker for the temporary help agency.
 
Temporary help agencies are supposed to explain that:
  • You must contact the temporary help agency immediately after the completion of each assignment to receive another assignment; and
  • You may not qualify for unemployment benefits if you do not follow all of the temporary help agency’s procedures.

 

Cameron County had Texas' worst unemployment in March

 According to a recent article in The Monitor, Cameron County shed 1,300 jobs and experienced the worst unemployment level of any county in Texas.

Texas Workforce Commission data (PDF) released Friday shows the Brownsville-Harlingen metro area, which covers Cameron County, edged out the McAllen-Edinburg-Mission metro area, which covers Hidalgo County, to claim the unfortunate title.  McAllen-Edinburg-Mission’s unemployment rate was 11.9 percent, just one-tenth of one percent lower than Brownsville-Harlingen’s 12 percent unemployment rate. 

You can read the entire article in The Monitor.

You can view all the March unemployment data from the Texas Workforce Commission here.

 

 

Help - I was disqualified for unemployment benefits. How do I get re-qualified?

You were disqualified for Texas unemployment benefits.  Now what?  How can you get re-qualified for benefits?  Here's your answers:

If the Texas Workforce Commission (TWC) disqualifies you from receiving unemployment insurance benefits on a prior claim because of the reason for your job separation or for other reasons, you may be able to close the disqualification through work or wages after you do all of the following:

  1. Go back to work in “employment” after your disqualification begins;
  2. Earn wages equal to six times your weekly benefit amount or work at least 30 hours a week for six weeks;
  3. Give the TWC proof of your work or earnings and request that they close the disqualification.

To receive benefits after closing a disqualification, you must have a qualifying separation from your last job or fulfill the work and earning requirements described above while you are working at a part-time job.

The TWC will not pay you benefits for the time between the beginning of the disqualification and the time that you meet the requirements to close the disqualification.

You can use work or wages from most types of “employment” to close the disqualification.  However, the Texas Unemployment Compensation Act excludes several types of employment from its definition of employment for the purposes of removing a previous disqualification.  These include:

  • Working in domestic service, if the employer pays less than $1,000 in wages during a calendar quarter for all domestic services;
  • Working for yourself;
  • Working for your son, daughter, or spouse;
  • Working for a church; or
  • Working as an insurance agent paid only by commission.

San Antonio Unemployment Rate Drops As Local Businesses Start Hiring Again

Businesses are hiring again, according to a recent express news article reporting on local Federal Reserve statistics.  According to the report, the number of employed in San Antonio last month reached its highest level in almost 21/2 years.  The report stated that the San Antonio metropolitan area added 5,800 jobs last month, bringing the total nonfarm payroll to 852,900.

Employment in the San Antonio area is accelerating — growing at an annualized clip of 2.8 percent so far this year, up from 1.4 percent in 2010. The seasonally adjusted unemployment rate, which is calculated with different data than that used for determining the size of the area's payroll, actually rose to 7.4 percent last month from 7.3 percent in both February 2011 and March 2010. The uptick may reflect more people resuming their search for work.

Texas, meanwhile, added 37,200 jobs last month, dropping the state's unemployment rate to 8.1 percent — the lowest since July.
 


Read more.

 

 

Martin Luther King, Jr.

"This is not a black holiday; it is a people's holiday," -- Coretta Scott King, Nov. 2, 1983. 

A Baptist minister, King became a civil rights activist early in his career. He led the 1955 Montgomery Bus Boycott and helped found the Southern Christian Leadership Conference in 1957, serving as its first president. King's efforts led to the 1963 March on Washington, where King delivered his "I Have a Dream" speech. There, he expanded American values to include the vision of a color blind society, and established his reputation as one of the greatest orators in American history.


In 1964, King became the youngest person to receive the Nobel Peace Prize for his work to end racial segregation and racial discrimination through civil disobedience and other nonviolent means. By the time of his assassination in 1968, he had refocused his efforts on ending poverty and stopping the Vietnam War. He was posthumously awarded the Presidential Medal of Freedom in 1977 and Congressional Gold Medal in 2004.

Martin Luther King, Jr. Day was established as a U.S. federal holiday in 1986.

 

 

 

Texas Workforce Commission Issues 2011 Unemployment Tax Rates

The Texas Workforce Commission ("TWC") has published the unemployment tax rates for 2011.  The minimum tax rate increases from .72 percent to .78 percent.  The maximum tax rate will drop from 8.60 percent to 8.25 percent.  The average unemployment tax rate will increase from 1.83 to 2.03 percent and the average experience tax rate will be 1.96 percent.


 

Source: TWC Press Release

Around the Employment Law Blogosphere - September 8, 2010

Here are some of the most interesting employment law related articles and blog entries I came across in the last seven days. 

  • Can Employers Prohibit Employees From Expressing Their Religious Views in the Workplace?
    • New York Labor & Employment Law Report - Interesting article on the topic.  Employers cannot generally prohibit all forms of religious expression at work.  However, many courts have held that an employer can prohibit employees from attempting to proselytize co-workers, especially when the co-workers are unwilling and are being harassed by the conduct. 
  • When Can an Employer Ask for a Second Opinion for FMLA Leave?
    • FMLA Insights - Article addressing when an employer may seek a second opinion to verify an employee's serious health condition for purposes of Family Medical Leave Act ("FMLA") leave. Short answer, if the employer has a solid reason to doubt a medical certification then it may request a second opinion.  But the process should not be used to harass employees seeking FMLA leave.
  • COBRA Subsidy Still Available
    • Remember that that the American Recovery and Reinvestment Act (ARRA) provided a COBRA premium reduction for eligible individuals who were involuntarily terminated from employment through May 31, 2010. There may not have been an extension of subsidies to individuals terminated after 5/31/10, but the effects of the subsidy are still with us for at least a few more months. Recall that individuals who qualified on or before May 31, 2010 may continue to pay reduced premiums for up to 15 months, as long as they are not eligible for another group health plan or Medicare. Those individuals who qualified for the premium reduction were only required to pay 35 percent of the COBRA premium otherwise due to the plan.  You can review more details about this issue at Fox Rothschild's Employee Benefits Legal Blog.

 

If you come across an article that you think should make the weekly round-up, drop me a line at chris[at]mckinneylaw.net.

 

 

When Should Unemployment Benefits End?

How long is long enough? 

How long should the country offer unemployment benefits to the folks caught in the grip of the downturn? How long before those benefits, desperately needed by many, actually become a hurdle to people finding work?

The Orlando Sentinel has an interesting article on this topic this week discussing this issue. Give it a read.

So what do you think?  Given the state of the economy, how long should be keep extending benefits? Are we doing more harm than good or are we standing by our fellow Americans in a time of great trial? Would love to see your comments.  

 

 

 

Jobless Claims Moving in the Right Direction . . . Down!

 The number of jobless claims filed for unemployment benefits fell last week to 460,000 nationally.  Unfortunately, the number of claims is still higher than what analysts had been predicting.

The AP notes that while this indicates that the economy is finally starting to grow again, things are still very painful out there for a significant number of workers.  They go on to state that this recession is the worst the country has faced since the 1930s.  

Source: AP News