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Texas Payroll/Personnel Resource

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General Provisions
Dual or Multiple Employments

Background

Employees are allowed to hold multiple concurrent employments with the state of Texas; however, there are several requirements to consider.

Details

A person can hold two or more employments with more than one state agency or institution of higher education. The following limitations apply:

  • The employee cannot receive benefits from the state that exceed the benefits provided for a single full-time employee.
    • The employee accrues state service credit for longevity and leave accruals up to the maximum of a full-time employee.
    • The employee cannot receive more than the total state contribution for insurance (equal to that of a full-time employee).
  • Separate leave records have to be maintained by each state employer.
    • When the employee terminates one of his multiple employments with the state, the leave balance accrued at that employment does not transfer to the remaining employment(s) (see “Multiple employments at legislative agencies” below).
  • The employee must be informed of the requirements before entering employment with multiple agencies or institutions of higher education.
  • The employee has to notify both the current and potential additional state employer before accepting multiple state employments.

Overtime and Fair Labor Standards Act (FLSA)

The state of Texas is considered a single employer for purposes of the Fair Labor Standards Act (FLSA). This means that all time worked in a week by an employee employed at more than one state agency or institution of higher education must be considered when computing overtime. Accordingly, if the dually employed employee is subject to FLSA provisions in one of the employments, the employee is FLSA-covered in all employments.

The employing state agencies or institutions of higher education must know that the employee is multiply-employed to coordinate work schedules and ensure that the employee is paid or credited with all the time worked in excess of 40 hours per week.

Multiple employments within a single state agency or institution of higher education may not be used for these purposes:

  • Paying the employee for working more than 40 hours in a week instead of earning compensatory time in accordance with state law
  • Paying the employee a greater salary than what is allowed for either of the employee’s positions

Multiple employments at legislative agencies

If the multiple employments involve only legislative agencies and are for less than full time, the employee may use the leave balances in all employments. The leave balances will transfer to the remaining legislative employments on separation.

Multiple employments at institutions of higher education

A university system may establish a policy that defines how multiple employments by a person employed by more than one institution of higher education within the same university system are treated. The total number of hours worked by the employee can be assigned to:

  • One component of the system.
    – or –
  • All components of the system.

Sources

Texas Government Code, Section 667.001–009; Texas Education Code, Section 61.003.