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Summary of differences between federal and state regulations
Coverage
Texas agricultural labor provisions apply to employing units that pay wages to 3 workers in at least 20 different calendar weeks of the calendar or wages in cash of $6,250 during a calendar quarter.
Workers are considered employees according to common law.
Exclusions from the definition of employment include:
- Insurance agents on commission, and
- Real estate agents on commission.
The following student employment is excluded from coverage:
- Student nurses and interns in employ of a hospital, and
- Students working for schools.
The state does not exclude from coverage service by the spouse of a student when the spouse is employed by the school, college, or university.
Under Texas rules for officers of corporations, an individual will not be eligible for benefits from the date of the sale of a business and until he/she is re-employed and eligible for benefits based on the wages received through the new employment if:
- the business was a corporation and the individual was an officer or a majority or controlling shareholder in the corporation and was involved in the sale of the corporation; or
- the business was a limited or general partnership and the individual was a limited or general partner who was involved in the sale of the partnership, or
- the business was a sole proprietorship and the individual was the proprietor who sold the business.
State
Contact
Regulations
Texas Labor Code, Title 4, Employment Services and Unemployment, Subtitle A Texas Unemployment Compensation Act
Federal
Contact
U.S. Department of Labor, Employment and Training Administration
(https://workforcesecurity.doleta.gov/unemploy/uitaxtopic.asp)
Regulations
20 CFR chapter V