Dual Employment (E-12)
Original Implementation: Unpublished
Last Revision: July 20, 2010
Employees who are employed in two positions within Texas government must have prior board approval and are subject to the following provisions:
- Separate leave records will be maintained for each employment.
- Time worked in one position may not be used as additional tenure credit for purposes of longevity or annual leave accrual for the other position.
- Upon termination of one employment, the leave balances accrued under that employment may not be transferred to the remaining employment.
- The state's contribution towards the taxes imposed on the employee by the Federal Insurance Contributions Act may not exceed the overall limit specified in the General Appropriations Act. The comptroller shall prescribe such uniform accounting and reporting procedures as necessary to ensure that expenditures for this purpose do not exceed this limit.
- The total state contribution toward the employee's group insurance will be limited to no more than the amount specified in the General Appropriations Act for one full time active employee.
- The employee will be entitled to receive longevity payment for no more than one employment.
- Overtime compensation will accrue for each employment totally independent of the other, except that when an employee works in a dual employment capacity where the employee is subject to the overtime provisions of the Fair Labor Standards Act (FLSA) of 1938, 29 U.S.C., sec. 201 et seq., in either employment, the employing agency or agencies must consider all combined time worked in excess of 40 hours per week as overtime and compensate the employee in accordance with the FLSA provisions applicable to joint employment relationships. In cases where the dual employment is with two separate agencies, the two agencies shall coordinate in order to determine which agency shall have the responsibility to assure that the employee is properly compensated in accordance with such provisions.
- Employees are to be informed of their obligation and responsibility to inform both employers of their intent to accept additional employment with the state.
Cross Reference: Tex. Const. art. XVI, XXXIII, XLIX; Tex. Gov’t Code §§ 667.001-.007; General Appropriations Act; Fair Labor Standards Act, 29 U.S.C. §§ 201-219
Responsible for Implementation: Vice President for Finance and Administration
Contact for Revision: Director of Human Resources