Frequently Asked Questions
1. Who falls under the Temporary Common Worker Employer statute (“Act”)?
Chapter 92, Labor Code applies to a person who operates a labor hall and provides common workers to employers of common workers.
2. Who is a temporary common worker?
An individual who performs labor involving physical tasks that do not require:
- (a) a particular skill,
- (b) training in a particular occupation, craft, or trade, or
- (c) practical knowledge of the principles or processes of an art, science, craft, or trade.
3. Who is exempt from the Act?
The Act does not apply to:
- (a) a temporary skilled labor agency;
- (b) a professional employer organization;
- (c) an employment counselor;
- (d) a talent agency;
- (e) a labor union hiring hall;
- (f) a temporary common worker employer that does not operate a labor hall;
- (g) a labor bureau or employment office operated by a person for the sole purpose of employing an individual for the person's own use; or
- (h) an employment service or labor training program provided by a governmental entity.
While the above entities are not required to hold a temporary common worker employer license, these entities may be required to hold a different type of license under a different law.
Licensing and Authority to Operate
1. Who is required to hold a license?
Beginning September 1, 2017, companies employing temporary common workers in Texas will no longer require authorization from the state to do so. The Texas Legislature passed Senate Bill 2065 (85th Legislature, Regular Session, 2015) that eliminates the requirement for a state Temporary Common Worker Employer license effective September 1, 2017. Chapter 92, Labor Code contains standards of conduct and practice requirements for temporary common worker employers. Common workers and employers of common workers are still not required to obtain a license.
2. What happens to the licenses previously issued by TDLR?
On September 1, 2017, all Temporary Common Worker Employer licenses issued by TDLR expire.
3. Do I need authorization from a governmental subdivision to operate under the Act?
As of September 1, 2017, a person may operate as a temporary common worker employer unless prohibited by a governmental subdivision. "Governmental subdivision" means a municipality, county, special district, zone, authority, or other entity that is chartered, created, or authorized by this state. See Senate Bill 2065 for more details.