Employment Service Guide – C-200: Employer Access to Systems & Services

C-201: Employer Access

For the purposes of ES, an employer is defined by the U.S. Department of Labor (DOL) (20 Code of Regulations (CFR) §651.10) as follows:

A person, firm, corporation or other association or organization (1) which currently has a location within the United States to which U.S. workers may be referred for employment and which proposes to employ a worker at a place within the United States and (2) which has an employer relationship with respect to employees under this subpart as indicated by the fact that it hires, pays, fires, supervises and otherwise controls the work of such employee.  An association of employers shall be considered an employer if it has all of the indications of an employer set forth in this definition.  Such an association, however, shall be considered as a joint employer with the employer member if either shares in exercising one or more of the definitional indications.

Note:  Federal contractors associated with the military as employers are considered employers, even if the jobs are located outside the United States.

Boards must ensure that appropriate staff follow the employer approval process outlined below prior to entering into any cooperative agreement to provide employer services, including:

  • Employer outreach (in person or by telephone)
  • Workforce Solutions office orientation
  • Employer site recruiting
  • Interview rooms
  • Job fairs
  • Customized employer training

Boards must be aware that to self-register a new employer account in WorkInTexas.com, an entity must have both of the following:

  • Tax account number
  • Federal Employer Identification Number (FEIN) related to a tax account number

Boards must ensure that Workforce Solutions office staff with access to the mainframe system through the Resource Access Control Facility (RACF) provide employers with their tax account number and FEIN upon request—but only after confirming the employer’s identity.

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C-202: Approval of New Employer Accounts

Boards must be aware that entities that do not have both of the above items necessary to self-register with WorkInTexas.com will be:

  • Unable to access the system at that time
  • Directed to contact a Workforce Solutions office for assistance with account registration

When an entity without a tax account number and FEIN wishes to post a job opening in WorkInTexas.com, Boards must ensure that appropriate staff approve the new employer account if the entity:

  • Meets the definition of employer, as set forth in 20 CFR §651.10
  • Agrees to comply with the job posting requirements in the Employer Use Agreement

If an entity meets the above criteria, Boards must ensure that appropriate staff provide assistance by:

  • Establishing a WorkInTexas.com employer account and setting the approved status of the new employer account to Yes
  • Offering assistance with entering job postings
  • Providing the employer with workforce services, as appropriate

Boards must ensure that only employers that have paid wages and request to establish a tax account number are referred to the Unemployment Tax Registration page.

When an out-of-state employer wishes to post a job in WorkInTexas.com, Boards must ensure that:

  • If the job is in Texas, appropriate staff follow the same procedures used for Texas employers that do not have a tax account number and FEIN.
  • If the job is out-of-state, appropriate staff refer the out-of-state employer to the ES agency in the employer’s home state.

If the employer wishes to post farm work or food processing jobs—regardless of the state in which the employer operates—Boards must ensure that appropriate staff direct the employer to the Texas Workforce Commission’s (TWC) Agricultural Services Unit.

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C-203: Ineligible Employer Accounts

If an employer or entity is determined to be ineligible to use WorkInTexas.com, Boards must ensure that appropriate staff:

  • Clearly communicate the reasons for ineligibility to the entity
  • Document the conversation and outcome using the Customer Management module in WorkInTexas.com, as follows:

TA Bulletin 158, Change 1PDF, issued March 1, 2011, entitled Documenting Ineligible Employers and Entities in the Business Customer Management Module of WorkInTexas.com—Update, and subsequent updates, provide detailed instructions on documenting ineligible employers and entities in WorkInTexas.com.

TA Bulletin 211, Change 2PDF, issued February 28, 2012, entitled Determining Employing Entities’ Access to WorkInTexas.com—Update, and subsequent updates, provide detailed information on how to determine whether an employing entity should be granted access to WorkInTexas.com.

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C-204: Discontinuation of Services to Employers

Boards must be aware that services to employers can be discontinued if employers:

  • Refuse to alter or withdraw job postings containing specifications that are contrary to employment-related laws
  • Refuse to provide assurances that the jobs offered are in compliance with employment-related laws
  • Are found, through random, unannounced field checks to agricultural worksites conducted by integrated service area manager staff or otherwise, to have either misrepresented the terms or conditions of employment specified on agricultural intra/interstate job postings or failed to comply with assurances made on job postings
  • Are found by a final determination by an appropriate enforcement agency to have violated any employment-related laws, and notification of this final determination has been provided to TWC by that enforcement agency
  • Are found by TWC to have violated ES regulations set forth in 20 CFR §658.416(d)(4)
  • Refuse to accept qualified workers referred through the interstate clearance system
  • Refuse to cooperate in agricultural worksite visits conducted as set forth in 20 CFR §653.503

In any of these situations, Boards must document the following information in the Customer Management module in WorkInTexas.com and make an effort to connect with the employer to address the situation:

  • WorkInTexas.com employer identification number
  • Employer name and location
  • Date the job posting was submitted
  • Job posting identification number
  • Brief description of the problem or situation
  • Brief description of the Board’s efforts to address the situation

If the employer is unwilling or a Board is unable to address the situation, the Board must send a written discontinuation of services request—by letter or email—to TWC’s Workforce Program Policy and Services for Dislocated Workers Department.  In addition to the information listed above, this request must include a summary of the employer’s violations of ES regulations and how the Board has addressed the situation.

Boards must be aware that TWC will initiate procedures for discontinuation of services in accordance with 20 CFR, Part 658, Subpart F, when the decision is based on one of the above violations.

Boards must be aware that TWC will:

  • Advise Boards of the outcome of any investigation and what action should be taken, including the discontinuation or reinstatement of the provision of services 
  • Expect the Board to notify the employer of such action

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