ENACTED LEGISLATION
TEXAS: Bill Strengthening Background Checks For Childcare Workers Passes In Texas
Summary: Texas' legislature approved a bill to increase screening requirements for caretakers at foster care facilities.

Part of the terms of Senate Bill 1849 includes the creation of a single search engine connecting the "do not hire" databases of four state agencies, which includes:

  • Texas Juvenile Justice Department (TJID)
  • Health and Human Services Commission (HHS)
  • Department of Family and Protective Services (DFPS)
  • Texas Education Agency (TEA)

Beyond foster care facilities, other organizations that hire juvenile care workers would be able to use this search engine during the background check process. Part of the search engine's features includes the ability to determine whether an applicant was previously terminated for misconduct while employed at a childcare facility, school or similar organization.

Impact(s): Texas employers
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COURT OPINIONS
U.S. DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY: Federal Court Dismisses Plaintiff's Claim of violation of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA)
Summary: Plaintiff filed a complaint against a large retailer after his offer of employment was rescinded based on a positive drug test for marijuana. He claimed that the employer violated the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA).

The court dismissed Plaintiff's complaint determining that there is "no implied private right of action under the Act." It further indicated that the New Jersey Legislature did not explain how the refusal to hire provision of the Act could or could not be enforced. The court stated that the Act is written in such a way that it leaves employees without protections and, therefore, called on the New Jersey Legislature, the Cannabis Regulatory Commission, or the New Jersey Supreme Court to amend the law of issue a contrary ruling, as appropriate.

Impact(s): New Jersey employers
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OTHER
EUROPEAN COMMISSION: European Commission Adopts EU-US Adequacy Decision
Summary: Effective July 10, 2023, the European Commission has adopted its adequacy decision for the EU-U.S. Data Privacy Framework ("DPF"), concluding that the United State ensure protection of personal data that is comparable to that offered in the EU.

These regulatory changes will not affect any international services for Truescreen's current clients. We are continuing to review the DPF as more guidance becomes available and are currently reviewing requirements for participation from the US Department of Commerce.

Impact(s): All employers
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