TX - Texas Human Resource Labor Laws
Below is a list of employment laws we monitor and provide for Texas.
Example law for this state: Background Checks
250.001. DEFINITIONS. In this chapter:
(1) "Nurse aide registry" means a list maintained by
the Texas Department of Human Services of nurse aides under the
Omnibus Budget Reconciliation Act of 1987 (Pub. L. No. 100-203).
(2) "Direct contact with a consumer" means any contact
with a resident or client in a facility covered by this chapter.
(3) "Facility" means:
(A) a nursing home, custodial care home, or other
institution licensed by the Texas Department of Human Services
under Chapter 242;
(B) an assisted living facility licensed by the
Texas Department of Human Services under Chapter 247;
(C) a home and community support services agency
licensed under Chapter 142;
(D) an adult day care facility licensed by the
Texas Department of Human Services under Chapter 103, Human
Resources Code;
(E) a facility for persons with mental
retardation licensed under Chapter 252;
(F) an adult foster care provider that contracts
with the Texas Department of Human Services;
(G) a facility that provides mental health
services and that is operated by or contracts with the Texas
Department of Mental Health and Mental Retardation;
(H) a local mental health or mental retardation
authority designated under Section 533.035; or
(I) a person exempt from licensing under Section
142.003(a)(19).
(4) "Private agency" means a person engaged in the
business of obtaining criminal history checks on behalf of a
facility.
(5) "Regulatory agency" means a state agency referred
to in Subdivision (3).
250.003. VERIFICATION OF EMPLOYABILITY; DISCHARGE.
(a) A facility may not employ a person if the facility determines,
as a result of a criminal history check, that a person has been
convicted of an offense listed in this chapter that bars employment
or that a conviction is a contraindication to employment with the
consumers the facility serves, and if the applicant is a nurse aide,
until the facility further verifies that the applicant is listed in
the nurse aide registry and verifies that the applicant is not
designated in the registry as having a finding entered into the
registry concerning abuse, neglect, or mistreatment of a consumer
of a facility, or misappropriation of a consumer's property.
Except for an applicant for employment at or an employee of a
facility licensed under Chapter 242 or 247, a person licensed under
another law of this state is exempt from the requirements of this
chapter.
(b) The facility may not employ an applicant covered by
Subsection (a), except that in an emergency requiring immediate
employment, a facility may hire on a temporary or interim basis a
person not listed in the registry pending the results of a criminal
conviction check, which must be requested:
(1) within 72 hours of employment; or
(2) if the facility is licensed under Chapter 242 or
247, within 24 hours of employment.
(c) A facility shall immediately discharge any employee who
is designated in the nurse aide registry or the employee misconduct
registry established under Chapter 253 as having committed an act
of abuse, neglect, or mistreatment of a consumer of a facility, or
misappropriation of a consumer's property, or whose criminal
history check reveals conviction of a crime that bars employment or
that the facility determines is a contraindication to employment as
provided by this chapter.
http://tlo2.tlc.state.tx.us/statutes/docs/HS/content/htm/hs.004.00.000250.00.htm#250.003.00
145.002. CRIMINAL HISTORY BACKGROUND CHECK. An
in-home service company or residential delivery company shall
obtain from the Department of Public Safety or a private vendor
approved by the department and offering services comparable to the
services offered by the department all criminal history record
information relating to an officer, employee, or prospective
employee of the company whose job duties require or will require
entry into another person's residence.
http://tlo2.tlc.state.tx.us/statutes/docs/CP/content/htm/cp.006.00.000145.00.htm#145.002.00
42.056. REQUIRED BACKGROUND AND CRIMINAL HISTORY
CHECKS; CRIMINAL PENALTIES. (a) In accordance with rules adopted
by the department, the director, owner, or operator of a child-care
facility or family home shall, when applying to operate a
child-care facility or when listing or registering a family home
and at least once during each 24 months after receiving a license,
listing, registration, or certification of approval, submit to the
department for use in conducting background and criminal history
checks:
(1) the name of the director, owner, and operator of
the facility or home, and the name of each person employed at the
facility or home; and
(2) the name of each person 14 years of age or older
who will regularly or frequently be staying or working at the
facility or home while children are being provided care.
(a-1) In accordance with rules adopted by the executive
commissioner, the director, owner, or operator of a residential
child-care facility shall submit to the department for use in
conducting background and criminal history checks the name of each
prospective employee who will provide direct care or have direct
access to a child in the residential child-care facility.
(a-2) In accordance with rules adopted by the executive
commissioner, the director, owner, or operator of a day-care center
shall submit a complete set of fingerprints of each person whose
name is submitted by the director, owner, or operator under
Subsection (a). The rules adopted by the executive commissioner:
(1) must require that the fingerprints be submitted in
a form and of a quality acceptable to the Department of Public
Safety and the Federal Bureau of Investigation for conducting a
criminal history check; and
(2) may require that the fingerprints be submitted
electronically through an applicant fingerprinting service center.
(b) The department shall conduct background and criminal
history checks using:
(1) the information provided under Subsections (a) and
(a-1);
(2) the information made available by the Department
of Public Safety under Section 411.114, Government Code, or by the
Federal Bureau of Investigation or other criminal justice agency
under Section 411.087, Government Code; and
(3) the department's records of reported abuse and
neglect.
(b-1) In addition to any other background or criminal
history check conducted under Subsection (b), for each person whose
name is submitted by the director, owner, or operator of a day-care
center under Subsection (a), the department shall conduct a state
and Federal Bureau of Investigation criminal history check by:
(1) submitting the person's fingerprints provided
under Subsection (a-2), or causing the fingerprints to be submitted
electronically as authorized by that subsection, to the Department
of Public Safety for the purpose of conducting a state and federal
criminal history check; and
(2) using the resulting information made available by
that department under Section 411.114, Government Code, and by the
Federal Bureau of Investigation and any other criminal justice
agency under Section 411.087, Government Code.
(c) The department by rule shall require a child-care
facility or registered family home to pay to the department a fee in
an amount not to exceed the administrative costs the department
incurs in conducting a background and criminal history check under
this section.
(d) A person described by Subsection (a) or (a-1) may not
provide direct care or have direct access to a child in a
residential child-care facility before completion of the person's
background check and criminal history check.
(e) If the residential child-care facility does not receive
the results of the background or criminal history check within two
working days, the facility may obtain that information for the
facility's employee, subcontractor, or volunteer directly from the
Department of Public Safety. If the information obtained verifies
that the person does not have a criminal record, the facility may
allow the person to have unsupervised client contact until the
department has performed the department's own criminal history
check and notified the facility.
(f) As part of a background check under this section, the
department shall provide any relevant information available in the
department's records regarding a person's previous employment in a
residential child-care facility to the person submitting the
request.
(g) Except as otherwise provided by this subsection, a
person whose name is submitted by the director, owner, or operator
of a day-care center under Subsection (a) may not provide direct
care or have direct access to a child in a day-care center before
the person's background and criminal history checks under
Subsections (b) and (b-1) are completed. A person may be employed
at a day-care center and may provide direct care or have direct
access to a child in the day-care center before the person's
criminal history check under Subsection (b-1) is completed if:
(1) the state criminal history check and the
background check using the department's records of reported abuse
and neglect have been completed under Subsection (b), and the
resulting information does not preclude the person from being
present at the day-care center; and
(2) the day-care center is experiencing a staffing
shortage that, if the day-care center were not allowed to employ the
person until completion of the federal criminal history check,
would result in a staff-to-child ratio that violates the
department's minimum standards.
(h) If the results of a criminal history check under
Subsection (b-1) for a person employed by a day-care center during a
staffing shortage as authorized by Subsection (g) preclude the
person from being present at the day-care center, the director,
owner, or operator of the day-care center shall immediately
terminate the person's employment.
(i) A director, owner, or operator of a day-care center
commits an offense if the director, owner, or operator knowingly:
(1) fails to submit to the department information
about a person as required by this section and department rules for
use in conducting background and criminal history checks with
respect to the person; and
(2) employs the person at the day-care center or
otherwise allows the person to regularly or frequently stay or work
at the day-care center while children are being provided care.
(j) A director, owner, or operator of a day-care center
commits an offense if, after the date the director, owner, or
operator receives notice from the department that, based on the
results of a person's background or criminal history check, the
person is precluded from being present at the day-care center, the
director, owner, or operator knowingly:
(1) employs the person at the day-care center; or
(2) otherwise allows the person to regularly or
frequently stay or work at the day-care center while children are
being provided care.
(k) An offense under Subsection (i) or (j) is a Class B
misdemeanor.
http://tlo2.tlc.state.tx.us/statutes/docs/HR/content/htm/hr.002.00.000042.00.htm#42.056.00
Affirmative Action
Age Discrimination
AIDS
Arrest/Convictions
Authorized Workers
Background Checks
Benefits for Unmarried Partners
Blacklisting
Breaks
Breastfeeding
Child Labor Laws
Child Support
Court Attendance - Victim of Crime
Credit Reports
Data Security/Breach Notification
Direct Deposit
Drug/Alcohol Testing
E-Verify
Employment At Will
Family and Medical Leave
Genetic Testing
Health Insurance Continuation
Insurance Portability
Jury Duty
Lactation Break Time
Lie Detector Tests
Lifestyle Discrimination
Medical Donation Leave
Military Leave
Mini COBRA
Minimum Wage
Minimum Wage and Overtime Pay
National Origin
New Hire Reporting
Non-Compete Agreements
Occupational Safety and Health
Off Duty Condust
Pay Schedules
Payment of Commissions
Personnel Files
Plant Closing and Mass Layoff
Posting Requirements
Pre -Employment Inquiries
Pregnancy Discrimination
Privacy
Race
References
Religion
School Visitation Leave
Sex Discrimination
Sexual Harassment
Sexual Orientation Discrimination
Shared Work Unemployment Compensation
Smoking
Social Security Numbers
Title VII/Civil Rights
Unemployment Insurance
Union Members
Vacation Pay Upon Termination
Voting
Wage Deduction
Wage Deductions
Wage Garnishment
Weapons
Whistleblower Protection
Workers' Compensation
