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/

Alabama Enacts Comprehensive Consumer Data Privacy Law

by Arsen Kourinian, Lei Shen, Amber C. Thomson, Megan P. Von Klein, Joshua M. Cohen - Mayer Brown

On April 17, 2026, Governor Kay Ivey signed House Bill 351 into law, enacting the Alabama Personal Data Protection Act (the "APDPA" or the "Act") and making Alabama the 22nd state to adopt a comprehensive consumer privacy law. The APDPA, which takes effect on May 1, 2027, largely follows the dominant model for state privacy legislation observed in states outside of California; however, it departs from that model in several notable respects, including generally lower applicability thresholds, a novel definition of "sale," and the absence of a data protection assessment requirement. For more information about how the APDPA compares to other privacy laws, please see our state privacy law tracker.

Read more: https://www.mayerbrown.com/en/insights/publications/2026/04/alabama-enacts-comprehensive-consumer-data-privacy-law

New York State Prohibits Employers’ Consideration of Credit History in Most Employment-Related Decisions

by Catherine Weiss Butto - Spencer Fane

Effective April 18, 2026, an amendment to the New York State Fair Credit Reporting Act1 will ban employers from using an applicant’s or employee’s credit history for employment decisions, such as hiring or determining employee compensation. Narrow exceptions apply. This new prohibition generally expands New York City’s Stop Credit Discrimination in Employment Act, which has banned NYC employers from engaging in similar practices since 2015, subject to limited exemptions. As of April 18, 2026, comparable restrictions will apply statewide.

Read more: https://www.spencerfane.com/insight/new-york-state-prohibits-employers-consideration-of-credit-history-in-most-employment-related-decisions/

Washington Bans Employers from Refusing to Hire for Cannabis Use

by Washington Today

Washington state has passed a new law that prohibits employers from refusing to hire job applicants due to their use of cannabis. The law, which took effect in 2024, states that pre-employment drug testing may include cannabis, but positive results cannot be shared with employers. This marks a significant shift in the state's cannabis policies, as Washington was an early adopter of both medical and recreational marijuana legalization.

Read more: https://nationaltoday.com/us/pa/washington-pa/news/2026/04/09/washington-bans-employers-from-refusing-to-hire-for-cannabis-use/

Proposed State Privacy Law Update: April 6, 2026

by David Stauss, Troutman Pepper Locke - JD Supra

Key point: Last week, Maine’s consumer data privacy bill stalled in the House while Kentucky’s legislature passed a bill to amend the commonwealth’s consumer data privacy law.

Below is the twelfth update on the status of proposed state privacy legislation in 2026. This post covers updates on proposed bills dealing with consumer data privacy, kid’s privacy, biometric privacy, data brokers, and consumer health data privacy. As always, the contents provided below are time-sensitive and subject to change.

Read more: https://www.jdsupra.com/legalnews/proposed-state-privacy-law-update-april-5464708/

No Slowing Down: Three More State Privacy Laws Take Effect

by Paul Rothermel, Gardner Law - JD Supra

Three additional  state privacy laws have recently taken effect, continuing the steady expansion of privacy regulation in the United States. With these additions, the U.S. now has twenty comprehensive state privacy laws on the books.

For companies that collect, use, or share personal information, this growing patchwork of state requirements continues to complicate compliance efforts. Businesses operating across multiple states should assess whether their data practices now fall within the reach of these newly effective laws.

Read more: https://www.jdsupra.com/legalnews/no-slowing-down-three-more-state-8826203/