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Texas law requires In-home service and residential delivery companies to perform a complete criminal history background check through Department of Public Safety (“DPS”) or a private vendor on any employees or associates sent into customers’ homes (including attached garages or construction areas next to homes), or else confirm that the employee’s sent into customers’ homes are licensed by an occupational licensing agency that conducted such a criminal history check before issuing the license.
The records must show that during the past 20 years for a felony, and the past 10 years for a class A or B misdemeanor, the employee has not been convicted of, or sentenced to deferred adjudication for, an offense against a person or a family, an offense against property, or public indecency. A check done in compliance with these requirements entitles the employer to a rebuttable presumption that the employer did not act negligently in hiring the person. For extra compliance, consider using a background check company to check all locations where the employee has lived. It is also recommended to do such checks on employees who will be going into a person’s home, garage, yards, driveways, or any other areas where the employee could come into contact with people at their homes. For more information about background screens and referrals to qualified background check companies, contact us at info@humanresourcesolutionsllc.com
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On October 12th, OSHA sent its second COVID-19 Emergency Temporary Standard, requiring employers of 100 or more employees to mandate that their employees be fully vaccinated or be tested weekly, to the White House Office of Information and Regulatory Affairs (OIRA). The timeframe is unknown on how long OIRA will take to review the proposed regulation and no terms of the COVID-19 Emergency Temporary Standard have been released.
On October 11th, Governor Abbott stated that no entity in Texas can compel receipt of a COVID-19 vaccination by any individual, including an employee or consumer, who objects to such vaccination for any reason of personal conscience, based on a religious belief, or for medical reasons, including prior recovery from COVID-19. The issues has been added as an item to the Third Special Session agenda. "The COVID-19 vaccine is safe, effective, and our best defense against the virus, but should remain voluntary and never forced," said Governor Abbott. |
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September 2023
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