Texas Process: UI Claimant Work Search NASWA UI Directors Conference New Orleans, Louisiana 3 – 6 October 2016 Chuck Ross Deputy Director, Regulatory Integrity Division Texas Workforce Commission

Texas Process: UI Claimant Work Search Overview Statutory Provisions – Texas Unemployment Compensation Act Commission Administrative Rules – UI Claimant Work Search Requirements Exemptions General Requirements Workforce Board Sets Weekly Requirements Acceptable Work Search Activities Claims Certification Random Sample Verification Resources

Texas Process: UI Claimant Work Search Statutory Provisions – Texas Unemployment Compensation Act In response to the Middle Class Tax Relief and Job Creation Act of 2012, the 83rd Texas Legislature amended State law, conforming to the requirements of new Section 303(a)(12) of the Social Security Act, which established a work search requirement for Regular state benefits. The new state law represented no change to Texas’ policy, practice, or procedures. UI claimant work search requirements already existed under Commission administrative rules.

Texas Process: UI Claimant Work Search Administrative Rules – Work Search Requirements In 2003, the Texas Workforce Commission adopted extensive administrative rules outlining UI claimant work search requirements. The rules address: The requirement to search for work and exemptions to that requirement; General requirements for the Agency regarding claimant notice; claimant record keeping; and establishment of acceptable work search activities; and The role of Local Workforce Development Boards in setting weekly work search requirements for each of the counties in their local area

Texas Process: UI Claimant Work Search Administrative Rules – Work Search Requirements and Exemptions Commission Rule 815.28 holds claimants available for benefits so long as they are making a reasonable search for suitable work. The rule exempts certain claimants from work search because they are considered to be workforce attached. Those exemptions are: Individuals participating in a Shared Work plan; Individuals in approved training; Individuals on temporary layoff with a return-to-work date within 8 weeks; or 12 weeks if requested by the employer; or greater than 12 weeks if approved by the TWC Executive Director; and Individuals who are members in good standing of a union that maintains a non-discriminatory hiring hall.

Texas Process: UI Claimant Work Search Administrative Rules – Notification and Acceptable Activities The rule requires the Agency to notify claimants of their initial work search requirements and subsequent notification each time those requirements change. The rule requires claimants to maintain a weekly work search activities log and stipulates that the claimant is required to submit the log to the Agency if requested. The rule also requires the Agency to provide and publish guidelines for claimants describing the types of activities that constitute an acceptable work search activity.

Texas Process: UI Claimant Work Search Administrative Rules – Workforce Board Sets Weekly Requirements The rule requires local workforce development boards to set the weekly work search activity requirements for each of the counties in their area. Each Board sets the minimum number based on the economic conditions in the area.   By default, the minimum number of weekly activities is three. However, a Board may increase the number above three based on specific local labor market information and conditions. In counties designated as “rural” by the Agency, the Board may reduce the minimum number of weekly activities below three in response to specific local labor market information and conditions.

Texas Process: UI Claimant Work Search Administrative Rules – Acceptable Work Search Activities The rule provides guidance for the Agency to follow when determining what constitutes an acceptable work search activity. The Agency’s UI Division collaborates with the Workforce Development Division when reviewing/updating the acceptable activities. The goal is to provide effective tools and strategies for facilitate the claimant’s return to work as soon as possible.

Texas Process: UI Claimant Work Search Administrative Rules – Acceptable Work Search Activities As currently published on the Agency website, the acceptable work search activities are:   Register for work with the ES job matching system Find and follow up on job referrals from WorkInTexas.com Register for work with a private employment agency, or placement facility of a school or college or university Complete a job application with employers who may reasonably be expected to have openings for suitable work Mail a job application and/or résumé as instructed by a public job notice Make in-person visits with employers that may reasonably be expected to have openings for suitable work Interview with potential employers

Texas Process: UI Claimant Work Search Administrative Rules – Acceptable Work Search Activities Use the reemployment resources available at a Workforce Solutions office that may lead directly to obtaining employment, such as: Obtain and use labor market information Participate in reemployment services designed for job seekers determined to be at high risk of exhausting unemployment benefits Obtain and follow up on job referrals from Workforce Solutions staff Participate in skills assessments for occupational matching Participate in instructional workshops, such as résumé preparation and enhancement, job-search techniques and interviewing skills Participate in other activities offered at the Workforce Solutions office such as job clubs, job fairs or employment-related workshops that offer instruction in improving your skills for obtaining employment

Texas Process: UI Claimant Work Search Administrative Rules – Acceptable Work Search Activities Use Career Tools on WorkInTexas.com that offer instruction and assistance in improving the claimant’s ability to become reemployed, such as: The Job Match Advisor National Labor Exchange Job Boards: JobCentral and VetCentral U.S. Department of Labor’s CareerOneStop and mySkillsmyFuture for career exploration

Texas Process: UI Claimant Work Search Claims Certification During the bi-weekly claims certification – Internet or Telephone – claimants with a work search requirement are instructed to enter the number of weekly activities accomplished for each claim week. TWC does not collect discreet information about the work search activity during claim certification – only the number of activities. If the required number of weekly activities entered by the claimant is less than the weekly minimum set by the Board, the Agency instructs the claimant to contact TWC and investigates the claimant’s eligibility for the week(s) in question.

Texas Process: UI Claimant Work Search Random Sample Verification Each week, the Agency randomly selects 1,500 continued claims for verification of the work search activities reported by the claimant. Claimants may report detailed work search information online or by mailing a weekly work search log.

Texas Process: UI Claimant Work Search Resources Texas Unemployment Compensation Act Texas Labor Code §207.021(a)(5) TWC Administrative Rules 40 TAC §815.28 – Work Search Requirements Weekly Work Search Activities by County Acceptable Work Search Activities

Texas Process: UI Claimant Work Search Questions Chuck Ross Deputy Director, Regulatory Integrity Division Texas Workforce Commission (512) 463-1875 charles.ross@twc.state.tx.us