California Courts of Appeal Split on State Law Standing Requirement for Federal Fair Credit Reporting Act (FCRA) Violations

by Rod M. Fliegel and Rachel E. Simons - Littler

On June 4, 2026, California’s First District Court of Appeal held that the state’s law on “standing” requires no “concrete” injury to pursue federal Fair Credit Reporting Act (FCRA) claims in state court. The court’s opinion in Askins v. CRST Expedited reflects stark differences between federal and state standing requirements and deepens the split of authority in the California Courts of Appeal. Standing is not a merits issue but, rather, is a threshold requirement that a lawsuit must meet to proceed in court.

Read more: https://www.littler.com/news-analysis/asap/california-courts-appeal-split-state-law-standing-requirement-federal-fair

Alaskans with certain low-level marijuana convictions can keep record private under new law

by Corinne Smith - Alaska Beacon

Alaskans who have been convicted for low-level marijuana possession will be able to apply to keep their records confidential so they do not appear in background checks, under a new law that takes effect in 2027. 

The change is part of a wide-ranging omnibus crime package that was approved by the Alaska Legislature and allowed to pass into law without Gov. Mike Dunleavy’s signature in June. 

Read more: https://alaskabeacon.com/briefs/alaskans-with-certain-low-level-marijuana-convictions-can-keep-record-private-under-new-law/

New York Should Improve Its Oversight of Nursing Homes’ Compliance With Background Check Requirements

by Office of Inspector General

Why OIG Did This Audit

• Employee background checks are an important safety measure that can help protect long-term care residents. Approximately 1.2 million people reside in nursing homes, with more than half of them relying on Medicare and Medicaid to pay for their long-term care.

• This audit assessed whether New York ensured that selected nursing homes complied with Federal requirements that prohibit the employment of unlicensed individuals and those with disqualifying backgrounds during calendar year 2023. We reviewed 10 staff members at each of 10 nonstatistically selected nursing homes.

Read more: https://oig.hhs.gov/reports/all/2026/new-york-should-improve-its-oversight-of-nursing-homes-compliance-with-background-check-requirements/

New Jersey Appellate Division Rules Employees and Job Applicants Can Sue Employers Under CREAMMA for Cannabis-Related Hiring Discrimination

by Sophia Breene, John Losinger, Michael Shortt, Saiber LLC - JD Supra

In May, 2026, the New Jersey Appellate Division held that individuals have an implied private right of action against employers under the Cannabis Regulatory, Enforcement Assistance, and Market Modernization Act (“CREAMMA”) when an employer refuses to hire or takes adverse employment action based on a positive test for cannabinoid metabolites. The case, Sanders v. The Levari Group, LLC, is the first New Jersey state court decision to address the question, and it carries significant implications for New Jersey employers that maintain pre-employment drug testing programs or condition offers of employment on drug screening results.

Read more: https://www.jdsupra.com/legalnews/new-jersey-appellate-division-rules-1700937/

Louisiana Enacts Comprehensive Consumer Privacy Law

by Hunton.com

Louisiana recently enacted Senate Bill 386, the Louisiana Data Privacy Act (“LDPA”), becoming the 22nd U.S. state to adopt a comprehensive consumer data privacy law. The LDPA follows the now-familiar controller/processor and consumer-rights framework seen in many state comprehensive data privacy laws, with certain distinctions.

Read more: https://www.hunton.com/privacy-and-cybersecurity-law-blog/louisiana-enacts-comprehensive-consumer-privacy-law

CWS 3.0 - Contingent Workforce Strategies

by Malin A. Ehrsam - Staffing Industry Analysts

Fair Credit Reporting Act exposure in contingent workforce programs is rarely the result of bad actors. Rather, as discussed in a previous CWS 3.0 article, the risk is built into how screening workflows are structured.

Compliance cannot be addressed through policy language or vendor selection alone. It must be addressed by examining how screening decisions occur, and where those processes break down in practice.

Programs that embed the FCRA into process design, system controls and governance are better positioned to manage risk at scale. Those that do not are left relying on assumptions embedded in workflows that were never designed with compliance in mind.

The distinction is not subtle. It is the difference between containing risk and scaling it.

Read more: https://www.staffingindustry.com/editorial/cws-30-contingent-workforce-strategies/solving-the-fcra-risk-in-contingent-hiring-from-exposure-to-execution

Privacy in the bayou: Louisiana to debut new data privacy law

by Phoebe Hebson, David Saunders, McDermott Will & Schulte - JD Supra

On May 21, 2026, the Louisiana State Senate passed Senate Bill 386, which if signed by Louisiana’s governor, will become the Louisiana Data Privacy Act (the LDPA) and come into effect January 1, 2027. The LDPA, although the latest entrant in the ongoing waltz of state privacy laws, thankfully does not introduce any novel privacy compliance obligations. The LDPA is, however, an interesting mix of California- and Connecticut-style laws. Companies doing business in Louisiana should assess the applicability of the LDPA and, if necessary, prepare for LDPA compliance before the end of this year.

Read more: https://www.jdsupra.com/legalnews/privacy-in-the-bayou-louisiana-to-debut-4973644/

Multistage Notices Under Colorado’s Revamped AI Act

by Jennifer Betts, Simone Francis, Danielle Ochs, Zachary Zagger, Ogletree, Deakins, Nash, Smoak & Stewart, P.C. - JD Supra

Colorado lawmakers have completed their hotly anticipated rewriting of the state’s landmark artificial intelligence (AI) law. While the new law shifts compliance from a risk-based to a transparency-based approach, it maintains significant notice-and-disclosure obligations for employers (referred to as “deployers” in the law), requiring them to disclose to employees and job applicants when an AI tool was used to make an adverse employment decision.

Read more: https://www.jdsupra.com/legalnews/multistage-notices-under-colorado-s-9472871/?origin=CEG

DOT final rule addresses ‘inadvertent factual impossibility’ with oral fluid testing

by Ryan Witkowski - Landline.Media

The U.S. Department of Transportation is advancing a rule to reconcile an “inadvertent factual impossibility” created by the inclusion of oral fluid testing in its workplace drug testing programs.

In a final rule published in the Federal Register on Monday, May 11, the department announced it would revise its drug and alcohol testing procedures to “require a directly observed urine collection in situations where oral fluid tests are currently required but cannot be conducted because oral fluid testing is not yet available.”

Read more: https://landline.media/dot-final-rule-addresses-inadvertent-factual-impossibility-with-oral-fluid-testing/

What Businesses Need to Know About the New Federal Privacy Bill

by Brandon Robinson, Maynard Nexsen - JD Supra

On April 22, 2026, House Republicans introduced H.R. 8413, the Securing and Establishing Consumer Uniform Rights and Enforcement over Data Act — the "SECURE Data Act" — (the “Act”) marking the most significant attempt at comprehensive federal privacy legislation in years. The bill was introduced by Rep. John Joyce (R-PA), Vice Chairman of the House Committee on Energy and Commerce (“Committee”), after over 14 months of stakeholder engagement by the Data Privacy Working Group, established in February 2025 by Rep. Joyce as well as Congressman Brett Guthrie (KY-02), Chairman of the Committee. If enacted, the SECURE Data Act would establish a single, uniform national standard to replace the current patchwork of more than twenty state comprehensive consumer privacy laws.

Read more: https://www.jdsupra.com/legalnews/what-businesses-need-to-know-about-the-8249908/