Utah Becomes First State To Enact AI-Centric Consumer Protection Law

By: Skadden Publication / AI Insights, Stuart D. Levi, William E. Ridgway, David A. Simon, Meredith C. Slawe, Anita Oh

On March 13, 2024, Utah enacted the Utah Artificial Intelligence Policy Act (UAIP), which imposes certain disclosure requirements on entities using generative AI tools with their customers, and limits an entity’s ability to “blame” generative AI for statements or acts that constitute consumer protection violations.

Companies subject to the UAIP will need to ensure they have the appropriate disclosure regime in place, and other companies should consider whether the UAIP approach is a good business practice they should adopt. The UAIP goes into effect on May 1, 2024.

Read more: https://www.skadden.com/insights/publications/2024/04/utah-becomes-first-state

Florida Legislation Will Increase Background Screening for Healthcare Professionals

by Mia McKown, Eddie Williams III - JD Supra

House Bill 975, if signed by Gov. Ron DeSantis, will have a significant impact on the Florida criminal background screening requirements for healthcare professionals and facilities. Currently, only certain healthcare professionals are required to undergo background screening as a requirement for licensure. Such professionals include the following: allopathic and osteopathic physicians, interns and fellows, physician assistants, chiropractic physicians and assistants, orthotists and prosthetists, podiatric physicians and podiatric x-ray assistants, certified nursing assistants, licensed practical nurses, registered nurses, advanced practice registered nurses, athletic trainers and massage therapists. However, the majority of healthcare professionals licensed by the Florida Department of Health are not required to undergo background screening as part of their initial licensure requirements.

Read more: https://www.jdsupra.com/legalnews/florida-legislation-will-increase-2594449/?origin=CEG&utm_source=CEG&utm_medium=email&utm_campaign=CustomEmailDigest&utm_term=jds-article&utm_content=article-link

Japan OKs bill on background checks for work involving children

by Yukana Inoue - The Japan Times

The Cabinet on Tuesday approved a bill that aims to protect young children from sexual assault by requiring those seeking employment in fields involving children to undergo background checks that go back 20 years.

The widely discussed system has been called the Japanese version of the U.K.’s Disclosure and Barring Service (DBS).

Read more: https://www.japantimes.co.jp/news/2024/03/19/japan/politics/japanese-dbs/

New Pennsylvania Legislation and Philadelphia Ordinance Amendment Tackle Pardoned Convictions, Expunged Records, and Negligent Hiring Liability

by William J. Simmons, Haley Norwillo - Littler

Pennsylvania and Philadelphia recently enacted changes that impact employer criminal background screening.

State Law

Enacted on December 14, 2023, and effective February 12, 2024, Pennsylvania’s House Bill No. 689 amends Pennsylvania law relating to the expungement of certain criminal record information and employer immunity when hiring individuals with expunged records. 

Read more: https://www.littler.com/publication-press/publication/new-pennsylvania-legislation-and-philadelphia-ordinance-amendment

Background Checks in Banks, and Conflicts with Ban-the-Box Laws

by Philip M. Berkowitz - Global Banking & Finance Review

Numerous federal, state and local laws require banks to run criminal background and credit checks on employees and applicants for employment. These include the Federal Deposit Insurance Act (FDIA), the Securities and Exchange Act, the Secure and Fair Enforcement for Mortgage Licensing Act (SAFE Act), the Truth in Lending Act (TILA), and various FINRA rules. The background checks may also need to be re-run periodically during employment to assure the continued accuracy of the information received during the recruitment process, and to assure that the individual continues to be qualified to fill their role.

Read more: https://www.globalbankingandfinance.com/background-checks-in-banks-and-conflicts-with-ban-the-box-laws/

New York Governor Signs Clean Slate Law to Seal Older Criminal Convictions

by Kelly M. Cardin, Sandi F. Dubin, Zachary V. Zagger - Ogletree Deakins

On November 16, 2023, New York Governor Kathy Hochul signed a bill into law requiring records of certain past criminal convictions to be sealed. The legislation is intended in part to prevent discrimination in hiring against previously incarcerated individuals who have satisfied their sentences.

Read more: https://ogletree.com/insights-resources/blog-posts/new-york-governor-signs-clean-slate-law-to-seal-older-criminal-convictions/

CFPB Seeks to Fundamentally Alter the Credit Reporting Process and Use of Public Data

by Brownstein Hyatt Farber Schreck, Sarah Auchterlonie, Courtney Bartkus, Leah Dempsey, Joel Herberman, Leah Regan-Smith - JD Supra

On Sept. 21, 2023, the Consumer Financial Protection Bureau (CFPB) officially announced it is considering a rulemaking to address several consumer reporting topics under the Fair Credit Reporting Act (FCRA). Under the process established by Congress in the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), the CFPB is required to consult with representatives of small entities likely to be affected directly by the regulations. Thus, the CFPB convened a panel of Small Entity Representatives (SERs) to consider and provide feedback on its proposals and alternatives under a condensed time frame of approximately one month.

Read more: https://www.jdsupra.com/legalnews/cfpb-seeks-to-fundamentally-alter-the-2005551/

Denton, Texas Considers Fair Chance Hiring Ordinance

by Alonzo Martinez - Forbes

The Denton City Council is exploring the adoption of a Fair Chance Hiring Ordinance that would restrict an employer’s inquiry into a job applicant’s criminal history. While the ordinance promotes inclusivity and provides individuals with prior criminal records a fair chance in the job market, it imposes additional compliance requirements on employers.

Read more: https://www.forbes.com/sites/alonzomartinez/2023/11/07/denton-texas-considers-fair-chance-hiring-ordinance/?sh=2f9cf31501ad

Looking for Skeletons in the Closet? Avoid These Background Check Mistakes

by Jake Proudfoot, Akerman LLP - JDSupra

A scary surprise is fun to encounter when you are in a haunted house at a Halloween event, but not so much fun when you are performing a background check on a potential employee. Even worse is finding out after the fact that you failed to comply with one of the many legal requirements, and that your company is now suddenly facing a fine or lawsuit. This Halloween, make background checks and hiring much less spooky by avoiding these common mistakes.

Read more: https://www.jdsupra.com/legalnews/looking-for-skeletons-in-the-closet-6454570/

(Background) Check It Out: Understanding California’s New Fair Chance Act Regulations on Criminal Records and Background Checks When Making Employment Decisions

by Michael Wertheim, Kurt A. Kappes - The National Law Review

Starting Oct. 1, 2023, California employers must adhere to new regulations under the Fair Chance Act (FCA) concerning the use of an individual’s criminal history in employment decisions. These rules impact California Code of Regulations Title 2, Section 11017.1 and introduce additional steps for employers to follow when considering criminal history in hiring or other employment actions. The regulations add to an already lengthy list of procedures employers must follow in California regarding criminal history as a basis for employment decisions.

Read more: https://www.natlawreview.com/article/background-check-it-out-understanding-california-s-new-fair-chance-act-regulations